Haryana

Karnal

CC/283/2023

Ram - Complainant(s)

Versus

Alpha G Corp Development Private Limited - Opp.Party(s)

Kavinder Singh

30 Oct 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 283 of 2023

                                                        Date of instt 16.05.2023

                                                        Date of Decision: 30.10.2024

 

1. Ram Shri wife of Shri Randhir Singh.
2. Shakti Singh son of late Shri Ghanshyam Singh son of Shri Randhir Singh.
3. Vashu Rana (minor) son of late Shri Ghanshyam Singh son of Shri Randhir Singh,

All residents of VPO Gonder, District Karnal.

Minor complainant no.3 through his grand mother Smt. Ram Shri (complainant no.1) being his next friend and guardian ad-litem who has got no interest adverse to that of the minor.

 

                                                                        …….Complainants.

                                              Versus

 

1. Alpha G. Corp Development Private Limited, Project Office, Sector-28, village Baldi, G.T. Road, Karnal-132001, Haryana through its authorized signatory.

 

2. M/s Centerbury Real Tech Private Limited, a company incorporated under the Companies Act 1956, having its registered office at T-2, 3^rd floor, Manish Corner Plaza, Sector-11, Dwarka, New Delhi, Sought West Delhi-110075 through its authorized signatory.

                                                                …..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.      

      Mrs.Neeru Agarwal.…….Member

      Mrs.Sarvjeet Kaur………..Member

 

 Argued by: Shri Naresh Kumar, counsel for the complainants.

                    OP no.1 exparte (vide order dated 13.12.2023).

                    OP no.2 exparte (Vide order dated 03.10.2023).

 

                     (Jaswant Singh, President)

ORDER:                  

                The complainants have filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant no.3 is minor and living under the care and custody of his grandmother Smt. Ram Shri (complainant no.1) who has got no adverse interest to that of the minor. OP no.1 developed an integrated township known as Alpha Internal City, Sector 28 & 29, near liberty chowk, Baldi Byepass, G.T. Road, Karnal, Haryana. Shri Ghanshyam Singh was the son of complainant no.1 and father of complainants No.2 and 3. Shri Ghanshyam Singh expired on 16.01.2016 leaving behind the complainants. Shri Ghanshyam Singh had purchased a plot no.1170, sector 29, area 162 sq. yards, located in Alpha International City, Karnal from OP no.1, vide plot Buyer’s Agreement dated 25.01.2011 for sale consideration of Rs.9,83,016/- @ 6068/- per sq. yards and Rs.4,48,500/- was paid to the OP no.1 as booking amount and thereafter Shri Ghanshyam Singh make the balance payment to the OP no.1. A construction agreement dated 24.02.20211 was reduced into writing between Shri Ghanshyam Singh and OP no.2 for construction of the aforesaid plot no.1170 for a total costs of construction Rs.22,01,384/- for super Built up area admeasuring 1510 sq. ft at the rate of Rs.1457/- per sq. ft. The specifications and basic rates of material as agreed is mentioned in Annexure-A and it was also agreed that the possession/ building shall be delivered by the Contractor (OP no.2) within 18 months from the date of commencement of construction work, with a grace period of 6 months, however, the aforesaid period for handing over possession of the building shall be subjected to grant of completion certificate and other necessary approvals from the concerned authorities and that within 60 days of receipt of offer of possession from the contractor, the plot allottee shall take possession of the building. OP no.2 had not started the construction work in time and had failed to raise the construction of the abovesaid assigned work and OP no.1 has not offered the possession of the building to Shri Ghanshyam Singh in terms of the Agreement and during the life time of Shri Ghanshyam Singh. After the death of Shri Ghanshyam Singh, complainant approached the OPs and informed about the death of Ghanshyam Singh and requested the OPs to transfer the aforesaid plot in the name of complainants but the official of OPs advised the complainants to get legal heirs certificate from the concerned department and also to submit the death certificate of Shri Ghanshyam Singh, aadhar card, Pan Card, bank details, property documents etc. for transferring the property aforesaid in the name of complainants. The complainants got the legal heirs of Shri Ghanshyam Singh verified from the office of Naib Tehsildar, Nissing and submitted the required documents as per their demand but despite the receipt of aforesaid documents, the OP no.1 has not transferred the said plot in the name of complainants in their record. Complainants visited the office of OPs several times and requested to handover the possession of the building after completing the construction work and to transfer the property in the name of the complainants in the record of OP no.1 but very surprisingly, OPs refused to admit the claim of complainants rather the OP no.2 raised the demand of Rs.19,83,394/- and Rs.1,30,170/- as maintenance charges (CAM) from the complainants and  stated that if the said payment is not deposited by the complainants, the OPs will not offer the possession of the property and will not transfer the same in the name of complainants. The complainants are the legal heirs of Shri Ghanshyam Singh and OP no.1 is legally bound to transfer the said property in their records in the name of complainants but OP no.1 refused to do the same. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs did not appear despite service and opted to be proceeded against exparte, vide order dated 13.12.2023 and 03.10.2023 respectively of the Commission.

3.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of Plot Buyer Agreement Ex.C1, copy of schedule of payment Ex.C2, copy of application dated 25.11.2021 regarding confirmation of legal heirs Ex.C3, affidavit of Shakti Singh Ex.C4, specification of Alpha International City, Karnal Ex.C5, copy of construction Agreement Ex.C6, copy of aadhar card of Ram Shri Ex.C7, copy of aadhar card of Shakti Singh Ex.C8, copy of affidavit of Vashu Rana Ex.C9, copy of payment details Ex.C10 and closed the evidence on 04.04.2024 by suffering separate statement.

4.             In additional evidence, learned counsel for the complainant has tendered consumer ledger statement dated 10.01.2011 to 07.07.2022 and 18.06.2010 to 07.07.2022 Ex.C11, copies of statement dated 06.04.2018, 06.04.2018, 07.07.2022, 28.03.2023 Ex.C12 to Ex.C16 and closed the evidence on 24.09.2024 by suffering separate statement.

5.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

6.             Learned counsel for the complainant, while reiterating the contents of complaint, has vehemently argued that Shri Ghanshyam Singh (since deceased) purchased the plot from the OP no.1 for the sale consideration of Rs.9,83,016/-.  A construction agreement dated 24.02.2011 was executed between Shri Ghanshyam Singh and OP no.2 for construction of the plot for a total costs of construction of Rs.22,01,384/-. The entire sale consideration including payment of construction has already been made by the deceased and nothing is pending towards the plot. After the death of Shri Ghanshyam Singh, complainants approached the OPs to transfer the aforesaid plot by submitting required documents and to handover the possession after completion of construction work but despite the receipt of documents, OPs neither transferred the plot nor completed construction work over the plot in question and started raising illegal demand of Rs.19,83,394/- and Rs.1,30,170/- as maintenance charges (CAM). The complainants are the legal heirs of Shri Ghanshyam Singh and OPs are legally bound to transfer the said property in their records in the name of complainants and to complete the construction work and lastly prayed for allowing the complaint.

7.             We have duly considered the rival contentions of the learned counsel for the complainant.

8.             The complainants have alleged that deceased Ghanshyam purchased a plot No.115 from the OP No.1 and paid entire sale consideration of Rs.9,83,016/- and also executed a construction agreement with OP no.2 and paid the total cost of construction of Rs.22,01,384/- but after the death of deceased, neither OP No.1 transferred the plot in question in the name of complainants nor OP No.2 completed the construction work on the plot in question. The onus to prove their case was relied upon the complainants. In order to prove their case, complainants have relied upon copy of plot buyer’s agreement Ex.C1 dated 25.01.2011, copy of schedule of payment Ex.C2, copy of application moved to Tehsildar for verification of legal heirs Ex.C3, copy of affidavit Ex.C4, copy of specifications of Alpha International City, Karnal Ex.C5, copy of construction agreement Ex.C6, copy of Aadhar card of complainants Ex.C7 to Ex.C9, copy of account statement Ex.C10, copy of sales customer ledger Ex.C11 & Ex.C12, copy of interest calculation sheet Ex.C13 to Ex.C16. From the plot buyers agreement Ex.C1, it is proved on record that the deceased purchased the plot in question from the OP No.1. From the schedule of payment Ex.C2, it is proved that the total sale consideration of the plot in question was to the tune of Rs.9,96,786/-. From the copy of construction agreement Ex.C6, it is proved that the deceased Ghanshyam has entered into an agreement with the OP No.2 for construction of plot in question. From the loan account statement Ex.C10, copy of consumer ledger statement Ex.C11 and sale customer ledger Ex.C12, it is proved that the deceased Ghanshaym has made the entire sale consideration of plot to the OP No.1 and cost of construction work over the plot question to the OP No.2.

9.             As per clause 8.1 of the plot buyer agreement Ex.C1, the possession of the plot shall be delivered within 18 months of execution of the plot buyers agreement with a grace period of 6 months. The said buyer agreement was executed on 25.01.2011 but till date the OPs have failed to deliver the possession of the plot in question within stipulated period. Further, as per clause 11.1 of construction agreement Ex.C6, the building shall be delivered by the contractor within 18 months from the date of commencement of construction work, with a grace period of 6 months. The complainants cannot be made to wait indefinitely for the delivery of the possession.

10.           Keeping in view the abovesaid discussion, facts and circumstances of the complaint, the act of the OPs by not delivering the possession of plot and by not completing the construction work over the plot in question within stipulated period amounts to deficiency in service and unfair trade practice.

11.           To rebut the evidence produced by the complainants, OPs did not appear and opted to be proceeded against exparte. Thus, the evidence produced by the complainants is unchallenged and unrebutted and there is no reason to disbelieve the same.   

12.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP No.1 to transfer the plot in question in the name of the complainants on submitting the legal heirs certificate issued by the competent authority. We further direct the OP No.2 to handover the physical possession of the plot to the complainants after completion of construction work in all respect. We further direct the OPs to pay Rs.25,000/- to the complainants on account of mental, pain agony and harassment suffered by them and Rs.11,000/- for the litigation expenses. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the records room after due compliance

Announced

Dated: 30.10.2024                                                                   

                                                               

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

   (Neeru Agarwal)                  (Sarvjeet Kaur)

                Member                            Member