DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)
Consumer Complaint No.74 of 2018
Date of institution: 12.01.2018 Date of decision : 23.09.2020
Ritu Kataria wife of Shri Amit Kataria resident of 19/13, DLF Qutab Enclave, Phase-1, Gurgaon.
…….Complainant
Versus
1. Chandigarh Overseas Private Limited, now at Fashion Technology Park, Next to BSF Housing Complex, Sector 90, SAS Nagar, Mohali, District Mohali through its Director/Authorised Representative.
IInd Address
Chandigarh Overseas Private Limited, SCO 249, Sector 44-C, Chandigarh through its Director/Authorised Representative.
2. Greenfield Sites Management Private Limited, SCO 249, Sector 44-C, Chandigarh through its Director/Authorised Representative.
……..Opposite Parties
Complaint under Consumer Protection Act.
Quorum: Shri Sanjiv Dutt Sharma, President.
Mrs. Natasha Chopra, Member
Shri Inderjit, Member
Present: Shri Sandeep Bhardwaj, counsel for the complainant.
OPs Ex-parte.
Order dictated by :- Shri Sanjiv Dutt Sharma, President.
Order
The present order of ours will dispose of a complaint under Consumer Protection Act, filed by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Parties (hereinafter referred as ‘OPs’ for short) on the ground that the CC is a resident of Gurgaon and the project of the OPs is situated within the jurisdiction of this Commission. It is alleged that till date neither the possession of the unit has been handed over to her nor any refund of the deposited amount, which she has deposited with the OPs, has been given. As such there is a continuous cause of action in favour of the CC. It is averred that the CC was looking for a commercial space for office, in order to earn her livelihood by way of self employment alongwith her family members and came across an advertisement of the OPs in this regard. The CC as per offer of the OPs, deposited an amount Rs.1,25,000/- vide receipt dated 01.11.2006, Ex.C-1. Confirmation of purchase and acknowledgement was sent by the OPs vide letter Ex.C-2. The CC was allotted one unit in the Design Studio in the Fashion Technology Park under the Small Investor Scheme and was allotted 125 sq. ft. super area in the Design Studio No.12 in the building called Block A1 on the 6th Floor. The agreement was also executed between the CC and the OPs on 10.01.2007, which is Ex.C-3. The CC was appraised that OP No.2 was mandated by Chandigarh Overseas Private Limited to manage the lease transactions for the said unit and a lease agreement was also entered into between the CC and OP No.2, which is Ex.C-4. The OPs received an amount of Rs.1,25,000/- from the CC vide receipt Ex.C-5. It is alleged that as per the agreement, the OPs were to deliver the possession of the unit within 30 months from the date of start of construction and the OPs started the construction work on 19.07.2007 and the date of completion of the project was definitely 18.01.2010 which is clear from Clause-28 of the agreement between the parties. It is alleged, that as per Clause-28 of the agreement in case the possession of the unit is not given within 30 months from the date of construction, the developer was to compensate the buyer by paying him Rs.50/- per sq. ft. per month of the super area of the unit as compensation. The OPs vide letter dated 24.02.2007, demanded an amount of Rs.1,25,000/- as first installment. The CC being a genuine purchaser deposited the first installment vide receipt No.1545 which is Ex.C-6. It is further averred that the OPs further received an amount of Rs.1.00 lakh from the CC vide receipt Ex.C-7. It is further averred that the OPs vide letter dated 20.06.2009 updated the status of the project, which according to the CC, proves that at the time of making agreement, the OPs were not in possession of any permissions/approvals and also even at the time of receiving installments from the CC the position was the same. It is alleged that the OPs acted in contravention to the provisions of PAPRA Act which is binding on the OPs. Accordingly, the CC received an offer of buy back the unit from OP No.2 on 22.06.2009 and a sum of Rs.7,50,000/- was offered as buy back option but this amount was payable to the CC on completion of 30 months from the date of start of construction. Copy of the letter dated 22.06.2009 is Ex.C-9. The complainant consented for buyback offer vide letter dated 27.03.2010 which is Ex.C-10. Till date no intimation is received by the CC regarding buyback offer of amount of Rs.7,50,000/-. Even the OPs have shifted their office and the office of the OPs was not found.
Thus alleging deficiency in service on the part of the OPs, the CC has sought the following reliefs:
(i) either the OPs to make payment of buyback offer amount of Rs.7.50 lakhs
OR
to refund the deposited amount of Rs.4,75,000/- alongwith interest @ 18% per annum from the date of deposit till realisation.
(ii) The CC has also sought compensation @ Rs.50/- per sq. ft. per month from 01.07.2020 till buy back amount is received by the CC with interest @ 18% per annum alongwith Rs.1.00 lakh on account of mental agony etc. and Rs.50,000/- as litigation expenses.
The complaint of the CC is duly supported by affidavit of the CC.
2. In reply the OPs have chosen to remain ex-parte. It is important to mention here that the OP No.1 and 2 were separately proceeded against ex-parte vide orders dated 26.10.2018 and 10.08.2018 respectively passed by this Commission.
3. In order to prove the case, counsel for the complainant tendered in evidence affidavit of the CC Ex.CW-1/1 alongwith various documents Ex.C-1 to Ex.C-10 and thereafter the evidence on behalf of the CC was closed.
4. We have heard learned counsel for the complainant and have perused the record very minutely.
5. It is specifically alleged by the CC that she has a family business of supply of spare parts to motor companies and in order to expand the business and in order to earn her livelihood, was looking for commercial space for office and accordingly after perusing the advertisement of the OPs, decided to purchase a unit from the OPs. It is further averred that she purchased the unit from the OPs and deposited an amount of Rs.1,25,000/- and accordingly one unit in Design Studio in the Fashion Technology Park under the Small Investor Scheme was allotted to the CC for 125 sq. ft. super area in the Design Studio No.12 in the building called Block A1 on the 6th Floor. An agreement was also executed among the parties on dated 10.01.2007 which is Ex.C-3. It is admitted by the CC that she was informed by OP No.2 that the OP No.2 was mandated by Chandigarh Overseas Private Limited to manage the lease transactions for the said unit and a lease agreement was also entered upon between the CC and OP No.2 in this regard. It is further on the file that the OPs received an amount of Rs.1,25,000/- on 12.01.2007 vide Ex.C-5. We have perused the buyers agreement minutely. It is there in the agreement that the possession of the unit was to be delivered within 30 months from the date of start of construction and the construction was started on 19.07.2007 and it can be presumed that the date of completion of the project was 18.01.2010. The Advocate for the CC has brought our attention to Clause-28 of the agreement wherein it is clearly mentioned that if there is delay in handing over possession of the unit beyond 30 months from the date of start of construction, except for other reasons, the developer shall compensate the buyer by paying him Rs.50/- per sq. ft. per month of super area of the unit as compensation. It is further argued by the Advocate for the CC that on 24.02.2007 the OPs demanded Rs.1,25,000/ from the CC as first installment of the unit which was deposited by the CC immediately vide receipt No.1545 Ex.C-6 duly issued by the OPs. The CC has further deposited Rs.1.00 lakh on 27.07.2007 vide receipt Ex.C-7. The allegation of the CC is that the OPs acted in contravention to the provisions of PAPRA Act, which are binding on them. On 22.06.2009 a sum of Rs.7,50,000/- was offered by the OPs as buy back option but this amount was payable to the CC after 30 months from the date of start of construction. The CC gave consent for this proposal. Both these letters are Ex.C-9 and Ex.C-10.
6. The CC has submitted her affidavit which is unrebutted, uncontested and appears to be cogent. Further the CC has submitted various receipts. Admittedly OPs were developing Industrial Knowledge (Fashion Technology Park) in Sector 90, Mohali and had launched one scheme called Small Investors Scheme. Alongwith the agreement, mode of payment is also attached. The OPs have also given details about the project in the agreement itself. It is also proved on the file that the OPs were supposed to handover the possession to the CC after 30 months from the date of start of construction. In case the possession is not handed over to the CC within 30 months from the date of start of construction, the OPs were to pay to the buyer compensation @ Rs.50/- per sq. ft. per month. It is also on the file that the CC had been paying various amounts to the OPs regularly. It is also on the file that Design Studio in the Fashion Technology Park under the Small Investor Scheme and was allotted 125 sq. ft. super area in the Design Studio No.12 in the building called Block A1 on the 6th Floor was allotted to the CC. There is no explanation from the side of the OPs, since they have chosen to remain ex-parte as to why construction was not completed within 30 months, despite having received the amounts from the CC. Our Hon’ble Punjab State Consumer Disputes Redressal Commission has also passed a judgment in case titled as Amninder Deep Singh & Another Vs. Chandigarh Overseas Private Ltd. & another, in CC No.227 of 2018 decided on 27.09.2018 that in such circumstances, as mentioned in the present case, the CC is definitely entitled to compensation as well as the refund of amount. There is definitely a huge delay in completing the project and also in not paying the amount of buyback offer given to the CC till date which clearly proves deficiency on the part of the OPs.
7. Accordingly the present complaint is allowed and the OPs are directed to refund to the CC the amount to the tune of Rs.3,50,000/- (Rs. Three Lakhs Fifty Thousand only as shown in receipts attached) alongwith interest @ 12% per annum from the dates of various deposits till realisation. The OPs are further burdened to pay a consolidated compensation to the tune of Rs.50,000/- (Rs. Fifty Thousand only) to the CC. Compliance of this order be made by the OPs within 30 days from the date of receipt of free certified copy of the order. Certified copies of the orders be supplied to the parties as per rules. File be consigned to record in accordance with rules.
Announced
September 23, 2020
(Sanjiv Dutt Sharma)
President
(Mrs. Natasha Chopra)
Member
(Inderjit)
Member
