Chandigarh

StateCommission

CC/118/2023

SANDEEP KAUR - Complainant(s)

Versus

AN BUILDERS - Opp.Party(s)

NITIN GUPTA

28 Mar 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

 

Complaint No.	:	118 of 2023
Date of Institution	:	16.11.2023
Date of Decision	:	28.03.2024

 

1]       Mrs. Sandeep Kaur W/o Sh. Sukhminder Singh, resident of Floor No.B-38/1, 1^st Floor, SIVANTA GREENS, Wave Estate, Block-B, Sector-85, Mohali – 140308.

2]       Mr. Sukhminder Singh S/o Mehal Singh, resident of Floor No.B-38/1, 1^st Floor, SIVANTA GREENS, Wave Estate, Block-B, Sector-85, Mohali – 140308.

….Complainants

Versus

M/s AN Builders, Corporate/Registered Office at SCO No.7 & 31, 1^st Floor, Dakshin Marg, Sector 20-D, Chandigarh – 160020 through its authorized partner Mr. Nitin Malik.

 

…..Opposite Party.

 

Argued by:-          Sh. Nitin Gupta, Advocate for the complainants. 

                             Sh. Rakesh Bajaj, Advocate for the opposite party.

 

Complaint No.	:	61 of 2023
Date of Institution	:	21.07.2023
Date of Decision	:	28.03.2024

 

1]       Gurmail Singh Garcha S/o Sher Singh, aged 63 years.

2]       Mrs. Harpreet Kaur W/o Gurmial Singh Garcha, aged 57 years.

          Both the complainants are resident of Floor No.B-36/1, 1^st Floor, SIVANTA GREENS, Wave Estate, Block-B, Sector 85, Mohali.

….Complainants

Versus

1]       M/s AN Builders, Corporate/Registered Office at SCO 31, 1^st Floor, Dakshin Marg, Sector 20-D, Chandigarh – 160020 through its authorized partner Mr. Nitin Malik.

2]       Sh. Nitin Malik, Partner, M/s AN Builders, R/o H.No.1141, Sector 8-C, Chandigarh.

3]       Sh. Mannat Satija, Partner, M/s AN Builders, R/o H.No.2055, Sector 20-D, Chandigarh.

4]       Sh. Ashish Satija, Partner, M/s AN Builders, R/o H.No.2055, Sector 20-D, Chandigarh.

5]       Smt. Shashi Malik, Partner, M/s AN Builders, R/o H.No.1141, Sector 8-C, Chandigarh.

6]       Smt. Anjali Malik, Partner, M/s AN Builders, R/o H.No.1141, Sector 8-C, Chandigarh.

…..Opposite Parties.

 

Argued by:-          Sh. Nitin Gupta, Advocate for the complainants. 

                             Sh. Rakesh Bajaj, Advocate for the opposite parties.

                             (Opposite Parties exparte vide order dated 11.09.2023)

 

Complaint No.	:	110 of 2023
Date of Institution	:	25.09.2023
Date of Decision	:	28.03.2024

 

Mrs. Neeru Khatter W/o Sh. Anshu Van Khatter, resident of Floor No.B-35/1, 1^st Floor, SIVANTA GREENS, Wave Estate, Block-B, Sector-85, Mohali.

….Complainant

Versus

M/s AN Builders, Corporate/Registered Office at SCO No.7 & 31, 1^st Floor, Dakshin Marg, Sector 20-D, Chandigarh – 160020 through its authorized partner Mr. Nitin Malik.

 

…..Opposite Party

BEFORE:

JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT. MR.RAJESH K. ARYA, MEMBER

 

Argued by:-          Sh. Nitin Gupta, Advocate for the complainant.  

                             Sh. Rakesh Bajaj, Advocate for the opposite party.

                             (Opposite Party exparte vide order dated 18.10.2023)

 

PER RAJESH  K. ARYA, MEMBER

                   The aforesaid complaints have been filed by the respective complainants, seeking direction to the opposite parties to provide the covered car parking for second car at a place in the parking layout/map and built a canopy at the second parking site to convert it into covered car parking besides awarding compensation on account of mental agony and harassment and costs of litigation. Since the facts involved in these complaints are more or less identical and similar and the complainants have claimed identical reliefs in these complaints, therefore, we are deciding these complaints by passing a common order. However, the facts are being culled from Consumer Complaint No.118 of 2023 titled ‘Mrs. Sandeep Kaur & Anr. Vs. M/s AN Builders’.

2]                It has been alleged by the complainants (in CC/118/2023) that on the assurance of the opposite party that two covered car parkings would be provided at designated places as per parking layout/map, they booked first floor apartment in their project namely Sivanta Greens on 19.02.2020 for total sale consideration of ₹67,73,188/- and Unit No.B-38/1 alongwith 2 Nos. of covered car parking was allotted to the complainants.  The physical possession of the unit was delivered by the opposite parties on 04.11.2020 without 2 Nos. of covered car parking, however, the total price of the apartment includes pro rate share in the common areas and 2 No. of covered parking(s), as per Builder Buyer Agreement , Annexure C-3. On the assurance of the opposite parties, that 2 Nos. of covered car parking would be handed over after completion of the entire project, the complainants kept waiting till January 2023. It has further been alleged that the project was fully completed in all respects in January 2023, when only one covered car parking was provided. However, the second car parking site is not covered parking and no canopy was built at the site of second car parking to convert it into covered car parking. It has been further alleged that due to this, the complainants have to park their second car in the stilt area, which is causing lot of inconvenience and harassment to them and other residents also.  Hence these complaints.

1.                 The opposite party in its written reply (in CC/118/2023), while admitting the factual matrix of the case with regard to sale of the unit(s) in question to the complainants etc. have pleaded that the opposite party has already provided two covered car parking to the complainants as per the Builder’s Buyer Agreement. It has further been pleaded that the complainants took the physical possession of the unit alongwith the two covered car parking in November, 2020 with full satisfaction. It has further been pleaded that the complainants are parking two cars in stilt area meaning thereby that there is no deficiency in service and unfair trade practice on the part of the opposite party. Pleading no deficiency in rendering service and unfair trade practice on its part, the opposite party prayed for dismissal of the complaint with costs.
2.                 In the rejoinder filed (in CC/118/2023), the complainants reiterated all the averments contained in the complaint and controverted those contained in written reply of the opposite party.
3.                 The parties led evidence, in support of their case and also filed written arguments.
4.                It may be stated here that in other two complaints bearing No.61 of 2023 and 110 of 2023, the opposite parties were proceeded exparte as none appeared on their behalf despite due service. However, subsequently, Sh. Rakesh Bajaj, Advocate appeared on their behalf and joined the proceedings and also filed written arguments.
5.                 We have heard the Counsel for the parties and have gone through the evidence and record of these cases, including the written arguments, very carefully.
6.                 In these complaints, the only claim of the complainants is with regard to covered car parking for second car, than the one already provided, at the designated place as per the parking layout/map and built a canopy at the second parking site to convert it into covered car parking. It is clearly coming out from the Brochure, Annexure C-1, at Page 15 that “Covered Parking for 2 cars” was to be provided by the opposite parties. Even the parking layout plan say so, which is Annexure C-2. Further, bare perusal of Clause G of Agreement for Sale, dated 19.05.2020, Annexure C-3, at Page 23 make it very clear that the complainants were allotted the unit in question along with 2 Nos. covered car parking. Further Explanation (iv) appended to Term 1 (at Page 24) of the Agreement to Sale transpires that the total price of the apartment included (1) pro rata share in the Common Areas; and 2 Nos. of covered parking(s) as provided in the Agreement. Admittedly, the complainants have been provided with two car parking. One is covered car parking under stilt and the other car parking space is not covered one or say without any canopy. It may be stated here that during arguments, it has been argued by counsel for the opposite parties that since the complainants have been parking their both the cars under stilt parking, as such, there is no deficiency in service on the part of the opposite parties. We do not agree with this argument because once it has been clearly promised by the opposite parties vide aforesaid clauses in the Agreement to Sale that they will provide 2 Nos. covered car parking, now they cannot wriggle out of the same and are legally bound to provide the same. In our considered opinion, the opposite parties ought to have provided the second car parking with a canopy thereon to convert it to covered car parking space and by not doing so, they are deficient in providing service and also indulged into unfair trade practice.
7.                 For the reasons recorded above, all these complaints bearing Nos.118 of 2023, 61 of 2023 & 110 of 2023 are partly accepted with costs against the opposite parties in the following manner:-

Consumer Complaint No.118 of 2023 titled ‘Mrs. Sandeep Kaur & Anr. Vs. M/s AN Builders’.

In this complaint, the opposite party is directed as under:-

i) to provide to the complainants the second covered car parking at the designated place, as per the Agreement to Sale & approved building plan, with a canopy thereon, within a period of three months (3 months) from the date of receipt of a certified copy of this order, failing which, the opposite party shall be liable to pay to the complainants, compensation in the sum of ₹500/- per day till compliance of this direction.

ii) to pay to the complainants lumpsum compensation to the tune of ₹50,000/- for mental agony, physical harassment, unfair trade practice and cost of litigation, within a period of 30 days, from the date of receipt of a certified copy of this order, failing which, the said amount shall carry interest @9% p.a. from the date of default till realization.

Consumer Complaint No.61 of 2023 titled ‘Gurmail Singh Garcha & Anr. Vs. M/s AN Builders & Ors.’.

                   In this complaint, the opposite parties are, jointly and severally, directed as under:-

1. to provide to the complainants the second covered car parking at the designated place, as per the Agreement to Sale & approved building plan, with a canopy thereon, within a period of three months (3 months) from the date of receipt of a certified copy of this order, failing which, the opposite party shall be liable to pay to the complainants, compensation in the sum of ₹500/- per day till compliance of this direction.
2.  to pay to the complainants lumpsum compensation to the tune of ₹50,000/- for mental agony, physical harassment, unfair trade practice and cost of litigation, within a period of 30 days, from the date of receipt of a certified copy of this order, failing which the said amount shall carry interest @9% p.a. from the date of default till realization.

Consumer Complaint No.110 of 2023 titled ‘Mrs. Neeru Khatter Vs. M/s AN Builders’.

In this complaint, the opposite party is directed as under:-

i) to provide to the complainant the second covered car parking at the designated place, as per the Agreement to Sale & approved building plan, with a canopy thereon, within a period of three months (3 months) from the date of receipt of a certified copy of this order, failing which, the opposite party shall be liable to pay to the complainant, compensation in the sum of ₹500/- per day till compliance of this direction.

ii) to pay to the complainant lumpsum compensation to the tune of ₹50,000/- for mental agony, physical harassment, unfair trade practice and cost of litigation, within a period of 30 days, from the date of receipt of a certified copy of this order, failing which, the said amount shall carry interest @9% p.a. from the date of default till realization.

1.               Pending applications, if any, in all these complaints also stands disposed of accordingly.
2.               Certified copies of this order be sent to the parties free of charge, forthwith and copy thereof be also placed in the connected case files bearing Nos.61 of 2023  and 110 of 2023.
3.               Files be consigned to Record Room after completion.

Pronounced.

28.03.2024

 

[RAJ SHEKHAR ATTRI]

PRESIDENT

 

 

 

 

 (RAJESH K. ARYA)

MEMBER

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