Chandigarh

StateCommission

EA/325/2017

Sudesh Nagpal - Complainant(s)

Versus

DLF Homes Panchkula Private Limited - Opp.Party(s)

Ashim Aggarwal, Adv.

01 Mar 2018

ORDER

This application has been filed under Section 27 of the Consumer Protection Act, 1986 to inflict punishment upon the judgment debtors in not complying with the order dated 23.03.2017 passed by this Commission. It is on record that vide the said order, in a complaint filed by the complainant(s)/decree holder(s) bearing No.973 of 2016, following relief was given to decree holder(s):-

“Consumer Complaints bearing No:

874, 922, 954, 955 and 973 all of 2016

 

             In these cases, the possession has not been offered by the Opposite Parties to the complainants.

             The Opposite Parties (DLF Homes Panchkula Pvt. Ltd.), are jointly and severally, held liable and directed as under:-

(i)	To hand over physical possession of  the unit(s), allotted in favour of the complainant(s), complete in all respects, to the complainant(s), withinthree months from the date  of receipt of a certified copy of this order, on payment of the amounts, by the complainant(s), due against them.
(ii)	Execute and get registered the sale deed in respect of the unit(s), in question, within one month from the date of handing over of possession to the complainant(s). The stamp duty, registration charges and incidental expenses, if any, shall be borne by the complainant(s).
(iii)	To pay compensation, by way of interest @12% p.a., on the deposited amounts, to the complainant(s), with effect from 03.01.2014, 18.07.2014, 01.12.2013, 01.06.2014 & 05.05.2014 till 30.04.2017, within 45 days, from the date of receipt of a certified copy of this order, failing which, the said amounts shall carry penal interest @15% p.a., instead of 12% p.a., from the date of default, till realization.
(iv)	To pay compensation by way of interest @12% p.a. on the deposited amounts,      to the complainant(s) w.e.f. 01.05.2017, onwards (per month), till possession is delivered, by the 10th of the following month, failing which, the same shall also carry penal interest @15% p.a., instead of 12% p.a.,  from the date of default, till payment is made.
(v)	Pay compensation in the sum of Rs.1,50,000/- in each case i.e. [In CC Nos.874, 954, 955 & 973 all of 2016] and Rs.1,25,000/- [In CC No.922 of 2016] on account of mental agony, physical harassment and deficiency in service and Rs.35,000/-, as litigation costs, to the complainant(s), in each case, within 45 days from the date of receipt of a certified copy of the order, failing which, the said amount shall carry interest @12% p.a., from the date of filing the complaint till realization.

 

            In all these complaints, as agreed between the parties, the Advocate Charges shall not be charged by the Opposite Parties. The actual expenditure for registration of Sale Deed(s) besides Stamp duty and Registration charges, shall, however, be borne by the complainant(s).

             As agreed, the amount of contingent Vat deposit will not be insisted upon at this stage, subject to furnishing an affidavit by the allottee to make the payment as and when demanded by the Government. The amount of contingent vat, shall be payable by the complainant(s) as and when the same becomes payable by the Opposite Parties to the Government. The complainant(s) shall deposit contingent vat within three weeks from the date the same is paid by Opposite Parties to the Government and the complainant(s) are informed of this fact. Delay beyond three weeks from the receipt of notice shall attract simple interest @12% per annum.”

                   It is also admitted on record that against the said order dated 23.03.2017, the judgment debtors namely DLF Homes Panchkula Pvt. Ltd. went in appeal before the Hon'ble National Consumer Disputes Redressal Commission, New Delhi and on 12.07.2017 following interim relief was granted in appeal bearing No.957 of 2017:-

“Heard the learned counsel for the appellant.

          Issue notice to the respondents, subject to payment of Rs. 5,000/- to each of the respondents directly in their respective names by way of demand draft to cover to and fro and allied expenses.

          The Registry may ensure that the notice is issued and dispatched within a period of ten days.        

          In so far as the directions contained in clause (i) and (ii) of the operative portion of the impugned order are concerned, these directions with regard to the delivery of physical possession of the units in question as well as the execution and registration of the sale deed shall be complied with, after observing due formalities by both the parties, within the time prescribed by the State Commission.

However, in so far as the other directions contained in clause (iii) to (v) are concerned, the operation of the impugned order is stayed, subject to deposit of Rs. 5 lakhs in each case with the State Commission within a period of six weeks from today, which shall be kept in the shape of an FDR initially for a period of one year.

          List these matters for further hearing on 17.01.2018.

          A copy of the order be given ‘dasti’ in addition.”

                   Relief granted at Clause (iii) to (v) was stayed, whereas, no stay was granted so far as relief granted at Clause (i) & (ii) is concerned. Hence, this application.

                        During pendency of this execution application, in terms of order passed by us, possession of the flat/unit was handed over to the decree holder(s) on 20.11.2017. Thereafter, vide order dated 29.11.2017, directions were issued to the judgment debtors to get the sale deed executed qua the unit, in question. At that stage, some dispute arose between the parties. It is apprehension of the decree holder(s) that when raising construction, the judgment debtors have committed some violations of law. Be that as it may, at this stage, we cannot give any finding qua that. To save the rights of the decree holder(s), it can only be directed that in case, in future, any wrong/defect is found by any of the legal authorities including the Court and in that event, in case of any loss caused to the decree holder(s), the judgment debtors shall indemnify the decree holder(s) to the extent of loss caused.

                        During these proceedings, draft of the sale deed was also handed over to the decree holder(s) by the judgment debtors. Qua some conditions incorporated therein, the decree holders have raised some objections.

                        We are of the opinion that probably while dealing with this execution application, it is not possible for us to decide those issues. However, liberty shall remain with the decree holder(s) to file a separate complaint, if need be, in future.

                        It is on record that till today, the decree holder(s) has/have not paid any amount payable towards stamp duty and registration charges. It is stated by the decree holder(s) that on getting intimation from Registering Authority, he/they will purchase the stamp papers for execution of the sale deed and get the sale deed drafted, as per the draft provided by the judgment debtors, from a person of his choice and then sent a photocopy of the draft sale deed to the judgment debtors and also intimate them the date of getting the sale deed executed. On the date given, the authorized representative of the judgment debtors will attend the office of the Registering Authority and get the sale deed executed.

                        If there is any minor defects, Sh.Shiv Kumar, Advisor (Legal) of the judgment debtors assures that those will be got removed from the maintenance agency.

                        With above observations, this execution application stands disposed of.

                        Certified copies of this order be sent to the parties, free of charge.