Chandigarh

DF-II

CC/639/2020

Jasvinder Kaur - Complainant(s)

Versus

Bajwa Developers Ltd. - Opp.Party(s)

Harish Goyal Adv

05 Jul 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	639 of 2020
Date  of  Institution	:	01.12.2020
Date   of   Decision	:	05.07.2022

 

 

 

 

Jasvinder Kaur aged about 67 years W/o Sh.Narinder Singh, R/o House No.330, Sector 21-A, Chandigarh

             …..Complainant

 

Versus

 

1]  Bajwa Developer Ltd., SCO 17-18, Sunny Enclave, Desu Maja, Tehsil Kharar, Distt. SAS Nagar, Mohali through its Managing Director Sh.Jarnail Singh Bajwa

    2^nd Address:- 6^th Floor, Sunny Business Centre, New Sunny Enclave, Sector 125, Desu Majra, Tehsil Kharar, Distt. Mohali

 

 

2]  Jarnail Singh Najwa Director Bajwa Developer Ltd., Sunny Enclave, Desu Majra, Tehsil Kharar, Distt. SAS Nagar, Mohali.

    ….. Opposite Parties 

 

BEFORE:  SMT.SURJEET KAUR      PRESIDING MEMBER

         SH.B.M.SHARMA                    MEMBER          

 

 

Argued by :-   Sh.Harish Goyal, Advocate for complainant.

                None for OPs

 

 

PER B.M.SHARMA, MEMBER

 

        Briefly stated, the complainant purchased one plot No.365B in Sector 124, Jhungian, developed by the OPs under the name of Sunny Enclave Kharar, measuring 135 sq. yds. and paid a sum of Rs.10,000/- as transfer fee on 23.2.2013 apart from its cost of Rs.11,04,000/- and further incurred expenses of Rs.70,910/- on its registration/stamp duty on 28.5.2014 (Ann.C-2). It is stated that the complainant accepted the possessions of the said plot from OPs after finding every aspect of it as complete including road in front of his plot. The OPs also charged Rs.81,000/- from the complainant as EDC Charges on 9.5.2014 (Ann.C-4).  However, to the shock of complainant, in Nov., 2018, some persons dug road area in front of the plot of the complainant saying that this land vests with them/third party.  It is submitted that when this matter was brought to the notice of OPs, they stated that road is not available in front of Plot No.365B due to some dispute with original owner and promised him to change the plot in question with Plot No.1638 measuring 138.89 sq. yds. at Gold City, Sunny Enclave, Kharar and made an entry/writing on 1.12.2018 to this effect on the NDC dated 14.5.2014 (Ann.C-3).  It is pleaded that  although road upto the adjoining plot is there, but there is no road in front of the plot of the complainant. It is also pleaded that thereafter the complainant approached the OPs a number of times for allotment of alternate Plot No.1638 or for construction of road in front of Plot No.365B but they put off the matter on one pretext or the other and have done nothing till date. Hence this complaint has been preferred.

 

2]       The OPs have filed joint reply and while admitting the factual matrix of the case, stated that the OPs had obtained all the requisite permissions/licenses whatsoever required to perform its part of agreement and delay, if any has been solely due to administrative exigencies.  It is submitted that till date the OPs are ready and willing to perform their part of agreement by offering the possession of the plot to the allottee suitable for human inhabitation, provided the complainant is willing to take the possession and make the balance consideration along with interest. It is pleaded that the complaint is barred by limitation. Denying all other allegations of the complainant and pleading no deficiency in service, the OPs have prayed for dismissal of the complaint.

3]       Parties led evidence in support of their contention.

4]       We have heard the ld.Counsel for the complainant and have gone through entire documents on record including written arguments.

5]     Considering all the documents on record, pleadings of the parties and evidence, we are of the opinion that the OPs-Builder remained grossly deficient in their services and also indulged into unfair trade practice by not delivering the originally allotted plot to the complainant having approach road to it nor allotted an alternative plot having basic amenities like road etc. despite promise & assurance. 

6]       The Opposite Parties in their written reply have admitted the assertions of the complainant as a matter of record of Para No.6 that road is not available in front of plot No.365B i.e. plot in question and also that they will change the plot of the complainant with Plot No.1638 measuring 138.39 sq. yds. at Gold City, Sunny Enclave, Kharar and made a mention about it on NDC.  The purpose of purchasing the plot by the complainant has been frustrated when the OPs failed to fulfil its contractual obligation by delivering its possession to the complainant having basic amenities like approach road etc. without which the property cannot be utilised. The complainant to have a comfortable life and having paid his hard earned money to have a house, is not supposed to wait indefinitely for possession of the plot having basic amenities like approach road etc. that too even after passing of about 9 years since the year of booking i.e. 2013. Thus, this Commission is of the firm view that Opposite Parties No.1 & 2 have failed to render proper services as per the commitments/promises made to the complainant. Therefore, the deficiency in service as well as unfair trade practice resorted to by OPs No.1 & 2 is clearly established, which caused financial loss and harassment to the complainant.

7]       From the above discussion & findings, it is proved that the Opposite Parties No.1 & 2 remained grossly deficient in rendering proper service to the complainant and having indulged in unfair trade practice.  Therefore, the present complaint is allowed with direction to OPs No.1 & 2 as under:-

a)  to allot & deliver the physical possession of alternate plot, as promised and admitted as a matter of record, i.e. Plot No.1638 measuring 138.89 Sq. Yds. at Gold City, Sunny Enclave, Kharar, having all basic facilities/amenities including approach road, to the complainant or allot & deliver the physical possession of a similar size plot of Plot No.365B, in the same locality/area, having same value and having all basic facilities/amenities including approach road.  In case, there is an increase in the area of newly allotted plot, then the OPs shall be at liberty to charge the amount of excess area from the complainant but it should be at the same rate at which the originally allotted plot No.365B was sold to the complainant and not more than it. 

b)  The OPs No.1 & 2 are also directed to pay an amount of Rs.One Lakh to the complainant towards compensation for causing him immense mental agony and harassment due to their deficient act and indulgence into unfair trade practice of allotting a plot having no road and basic amenities, along with litigation cost of  Rs.15,000/-.

         The above said order shall be complied with by the Opposite Parties No.1 & 2 jointly & severally within a period of 30 days from the date of receipt of its copy, failing which they shall be liable to pay additional cost of Rs.20,000/-, apart from the above awarded amount.

         It is made clear that in case the OPs are not in a position to allot & deliver any plot to the complainant, as directed above; in that eventuality the OPs shall be liable to pay a lumpsum amount of Rs.35 lacs to the complainant, keeping in view the rise in land value/price as well as cost of the plot, interest thereon, compensation and litigation expenses.

         The complainant shall sign & execute the relinquishment deed or other requisite documents in favour of the OPs regarding the plot/land in question after receiving the decreetal amount.

 

8]      Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced                                                     

5^th July, 2022                                                                                                                                                            Sd/-

                        (SURJEET KAUR)

PRESIDING MEMBER

 

 

Sd/-

 (B.M.SHARMA)

MEMBER