Chandigarh

DF-II

CC/685/2018

Shiv Kumar - Complainant(s)

Versus

Chandigarh Overseas Pvt. Ltd. - Opp.Party(s)

Gaurav Bhardwaj Adv.

05 Jun 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	685/2018
Date of Institution	:	04.12.2018
Date of Decision	:	05.06.2020

 

                                                

                                                         

Shiv Kumar, Bye Pass Road, Near Veterinary Hospital, Amloh, District Fatehgarh Sahib, Punjab.

                                      ...  Complainant.

Versus

1.      Chandigarh Overseas Private Limited, SCO No.196-197, Top Floor, Sector 34-A, Chandigarh  through its Managing Director/Authorized Signatory.

        2^nd Address:- C/o Mona Greens, Mona Township Pvt. Ltd., VIP Road, Opposite Dominos, Zirakpur, District Mohali.

 

2.      Green Field Sites Management Pvt. Ltd., H.No.1074, Sector 4, Panchkula, through its Director Sh.Sumesh Chawla.

 

3.      Mr.Tejinder Pal Setia & Sagar Setia, Directors, Chandigarh Overseas Private Limited,  C/o Mona Greens, Mona Township Pvt. Ltd., VIP Road, Opposite Dominos, Zirakpur, District Mohali through its Director Mr.Sagar Setia.

          2^nd Address:- H.No.438, Bhera Enclave, Paschim Vihar, New Delhi.

…. Opposite Parties.

BEFORE:   SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI B.M.SHARMA, MEMBER

 

Argued by: Sh.Ravinder Pal Singh, Adv. for the complainant.

                   Sh.Tusar Gupta, Adv. for OP No.1

                   OP No.2 exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.           In brief, the case of the complainant is that  he was looking for a small unit to start his own business for earning his livelihood by way of self-employment and the OPs floated a scheme called “Small Investor Scheme” under the name and style of Industrial Knowledge (Fashion Technology Park), Sector 90, Mohali. The price of the unit was Rs.5 lakhs and he deposited Rs.1,25,000/- vide receipt dated 30.08.2006(Annexure C-1), Rs.1,25,000/- vide receipt dated 01.02.2007  (Annexure C-2) and Rs.1,25,000/-  through cheque dated 30.07.2007.  The Developer Buyer Agreement  and Lease agreement  were also executed between the complainant and OPs No.1 and 2 respectively.  It has further been averred that a sum of Rs.3.75 lakhs were deposited by him and the remaining Rs.1.25 lakhs were to be deposited at the time of delivery of the possession of the unit as per the scheduled attached with the Developer Buyer Agreement. The Developer Buyer Agreement and Lease Agreement were alleged to be in possession of the OPs.  It has further been averred that OP No.1 sent an update dated 22.06.2009 (Annexure C-3) vide which he was informed that the possession was likely to be delivered by 18.01.2010 and in case the same is not delivered then delayed compensation as per the agreement was to be paid by the OPs. Subsequently  OP No.2 sent a letter dated 22.06.2009 (Annexure C-4) vide which he was informed that  he is entitled to minimum lease rent of Rs.30000/- per month per unit until the space is not leased out and he was also given a buy back option as per the said letter.  It has further been averred that he did not exercise the buy back option as he wanted the possession of the unit so that he could earn his livelihood.  It has further been averred that as per Clause 18 of the agreement the possession was to be delivered after 30 months from the date of start of the construction and the same expired on 18.01.2010 as per the letter dated 22.06.2009.   According to the complainant, the OPs have neither delivered the possession nor paid the delayed compensation.  It has further been averred that as per Clause 28 of the agreement, the OPs were required to pay compensation of Rs.50/- sq. ft/month (Rs.5000 for 100 sq. feet/month) for delay in construction w.e.f. 18.01.2010.  It was also alleged that the OPs are also required to pay Rs.30000/- p.a. as minimum assured lease rental as per Clause 4.1 of the lease agreement.  It has further been averred that the OPs have neither delivered the possession of the unit nor refunded the deposited amount. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant complaint. 
2.        OPs No.1 & 3, in their joint written statement, have pleaded that there is no letter of allotment or plot buyers agreement or any kind of contract whatsoever executed or entered between the complainant and OP No.1. It has further been pleaded that the payment was given voluntarily without any inducement with the aim of earning profit and on stipulations.  The company went into severe losses only due to force majeure conditions which was outside the control of OP No.1 and therefore, the money given by the complainant i.e. Rs.3.75 lakhs was only an unsecured loan/investment which cannot be recovered.  It has further been pleaded that the complainant even cannot file a civil suit for recovery.  It has further been pleaded that there is no relationship of  service provider and consumer between the parties.  Pleading that there is no deficiency in service or unfair trade practice on their part, OPs have prayed for dismissal of the complaint. 
3.           Despite due service through registered post, OP No.2 failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 20.06.2019.
4.           We have heard the learned counsel for the contesting parties and have gone through the documents on record.
5.           The complainant has tendered his detailed affidavit reiterating the averments made in the complaint along with the supporting      documents in support of his case. From the receipts attached with the complaint as Annexures C-1 and C-2, it is established that OP No.1- Chandigarh Overseas Private Limited had received the money from the complainant through different cheques on account of the application money for the allotment of industrial space.   Further the perusal of the contents of the letter dated 22.01.2009  (Annexure C-3) sent by OP No.1 to the complainant shows that as the handing over the allotted space was later than the agreement time i.e. 18.01.2010, the Company was to honour the Buyer Development Agreement and was to compensate the complainant as per Clause 28 for the period beyond 18.01.2010.  Further OP No.2 vide its letter dated 22.06.2009 had informed the complainant that as per Clause 4.1 of the lease agreement, he is entitled to minimum lease rent of Rs.30000/- p.a. per unit (net of taxes/expenses) until the space not leased out to the end user after possession of the unit.  In the said letter, it was also mentioned that since the date of start of construction is 19.07.2007, hence 30 months get completed on 18.01.2010 and as such he is entitled to avail buy- back offer.   As such the plea of OPs No. 1 and 3 that there is no letter of allotment/plot buyer agreement or any kind of contract whatsoever executed/entered between the parties or that there is no relationship of service provider and consumer is not sustainable and the same is rejected accordingly.  The OPs cannot escape its responsibility towards the complainant.  The OPs have thus, committed deficiency in service, as also indulged into unfair trade practice. 
6.           In view of the above discussion, the present complaint deserves to be partly allowed and the same is accordingly allowed. The opposite parties are directed as under ;-
   1.      to refund the amount of Rs.3.75 lacs  to the complainant with interest @ 9% p.a. from the  respective date(s) of  deposits till its realization. 
   2.      to pay Rs.50,000/- to the complainant as compensation for mental agony and physical harassment.
   3. to pay costs of litigation of  Rs.11,000/- to the complainant.   

This order be complied with by the Opposite Parties, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) & (ii) shall carry interest @9 % per annum from the date of this order till actual payment besides payment of litigation costs.

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

Announced

05.06.2020

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

 (B.M.SHARMA)