Chandigarh

StateCommission

CC/161/2018

Maj. Gen. M.P.Singh - Complainant(s)

Versus

DLF Homes Panchkula Pvt. Ltd. - Opp.Party(s)

In Person

28 Jun 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

Complaint case No.	:	161 of 2018
Date of Institution	:	16.04.2018
Date of Decision	:	28.06.2018

1. Maj. Gen. (Retd.) M. P. Singh S/o Late Shri Jang Bahadur Singh R/o House No.240A, Sector 2, Panchkula 134112.
2. Ms. Smriti Kanwar D/o Maj. Gen. (Retd.) M. P. Singh R/o House No.240A, Sector 2, Panchkula 134112.

                                          .....Complainants.

Versus

 

1. DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8-C, Chandigarh through its authorized representative.

Registered Office:- DLF Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

2. Sh Rakesh Kerwell, Director & Authorised Representative of  DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 -C, Chandigarh

3.     Sh Manoj Talwar, Director & Authorised Representative of  DLF  Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

.....Opposite Parties no.1 to 3.

4. Mrs Keshni Anand Arora, Additional Chief Secretary & Finance Commissioner Government of Haryana, Revenue Department, New Secretariat, Sector-17C, Chandigarh-160017
5. Secretary Revenue-1, Govt of Haryana, Inspector General Registration/Director Land Records, New Secretariat, Sector-17C, Chandigarh-160017
6. Deputy Commissioner-Cum-Registrar, Panchkula, Mini Secretariat, Sector-1, Panchkula-134109, Haryana
7. Tehsildar-Cum-Sub-Registrar Kalka, Tehsildar Kalka, Panchkula-133302, Haryana
8. The Director, Town & Country Planning Department, Haryana, Directorate of Town & Country Planning Haryana, SCO-71-75, Sector-17C, Chandigarh-160017
9. Senior Town Planner Panchkula-Cum-Chairman, Building Composition Committee, HUDA Complex, Sector-6, Panchkula-134109
10. Deputy Excise & Taxation Commissioner, Mini Secretariat, Deputy Commissioner Office Complex, Sector-1, Panchkula-134109

                                  ........Proforma opposite parties no.4 to 10

Argued by: -     Complainants in person.

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Complaint case No.	:	208 of 2018
Date of Institution	:	07.05.2018
Date of Decision	:	28.06.2018

 

1. Air Vice Marshal Gurcharan Singh Bhogal S/o Sardar Harbans Singh
2. Ms. Sarabjot Bhogal W/o Air Vice Marshal Gurcharan Singh Bhogal

Both residents of #DVF-A1/16-FF, DLF Valley Panchkula, Sec – 3, Pinjore- Kalka Urban Complex, Panchkula - 134107.

                                           .....Complainants.

Versus

1. DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh through its authorized representative.

Registered Office:- DLF Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

2. Sh Rakesh Kerwell, Director & Authorised Representative of  DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh

3.     Sh Manoj Talwar, Director & Authorised Representative of  DLF Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

.....Opposite Parties No.1 to 3.

4.     Mrs Keshni Anand Arora, Additional Chief Secretary & Finance Commissioner Government of Haryana, Revenue Department, New Secretariat, Sector-17C, Chandigarh-160017

5.     Secretary Revenue-1, Govt of Haryana, Inspector General Registration/Director Land Records, New Secretariat, Sector-17C, Chandigarh-160017

6.     Deputy Commissioner-Cum-Registrar, Panchkula, Mini Secretariat, Sector-1, Panchkula-134109, Haryana

7.     Tehsildar-Cum-Sub-Registrar Kalka, Tehsildar Kalka, Panchkula-133302, Haryana

8.     The Director, Town & Country Planning Department, Haryana, Directorate of Town & Country Planning Haryana, SCO-71-75, Sector-17C, Chandigarh-160017

9.     Senior Town Planner Panchkula-Cum-Chairman, Building Composition Committee, HUDA Complex, Sector-6, Panchkula-134109

10.   Deputy Excise & Taxation Commissioner, Mini Secretariat, Deputy Commissioner Office Complex, Sector-1, Panchkula-134109

                                    .....Proforma Parties 4 to 10

Argued by: -     Complainants in person.

 

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Complaint case No.	:	207 of 2018
Date of Institution	:	07.05.2018
Date of Decision	:	28.06.2018

 

1. Air Vice Marshal (Retd.) Charanjit Singh Gill, S/o Sh. Khushwant Singh Gill, R/o #A 1/16 GF  DLF Valley Panchkula, Sec - 3 Pinjore- Kalka Urban Complex, Panchkula - 134107.
2. Navdeep Gill W/o Air Vice Marshal (Retd.) Charanjit Singh Gill, R/o #A 1/16 GF  DLF Valley Panchkula, Sec - 3 Pinjore- Kalka Urban Complex, Panchkula - 134107.

                                           .....Complainants.

Versus

1. DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh through its authorized representative.

Registered Office:- DLF Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

2. Sh Rakesh Kerwell, Director & Authorised Representative of  DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh

3.     Sh Manoj Talwar, Director & Authorised Representative of  DLF Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

.....Opposite Parties no.1 to 3.

4.     Mrs Keshni Anand Arora, Additional Chief Secretary & Finance Commissioner Government of Haryana, Revenue Department, New Secretariat, Sector-17C, Chandigarh-160017

5.     Secretary Revenue-1, Govt of Haryana, Inspector General Registration/Director Land Records, New Secretariat, Sector-17C, Chandigarh-160017

6.     Deputy Commissioner-Cum-Registrar, Panchkula, Mini Secretariat, Sector-1, Panchkula-134109, Haryana

7.     Tehsildar-Cum-Sub-Registrar Kalka, Tehsildar Kalka, Panchkula-133302, Haryana

8.     The Director, Town & Country Planning Department, Haryana, Directorate of Town & Country Planning Haryana, SCO-71-75, Sector-17C, Chandigarh-160017

9.     Senior Town Planner Panchkula-Cum-Chairman, Building Composition Committee, HUDA Complex, Sector-6, Panchkula-134109

10. Deputy Excise & Taxation Commissioner, Mini Secretariat, Deputy Commissioner Office Complex, Sector-1, Panchkula-134109

                                    .....Proforma Parties 4 to 10

Argued by: -     Complainants in person.

 

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Complaint case No.	:	201 of 2018
Date of Institution	:	07.05.2018
Date of Decision	:	28.06.2018

1. Dinesh Singh S/o Maj. Gen. (Retd.) Sukhdev Singh.
2. Ms. Anu Singh W/o Sh. Dinesh Singh

Both residents of House No.1007, Sector 36C, Chandigarh (Presently residing at House No.2, Type VI, Nirman Vihar 2, Sector 2, Vidyadhar Nagar, Jaipur).

                                           .....Complainants.

Versus

1. DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh through its authorized representative.

Registered Office:- DLF Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

2. Sh Rakesh Kerwell, Director & Authorised Representative of  DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh

3.     Sh Manoj Talwar, Director & Authorised Representative of  DLF Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

.....Opposite Parties no.1 to 3.

4.     Mrs Keshni Anand Arora, Additional Chief Secretary & Finance Commissioner Government of Haryana, Revenue Department, New Secretariat, Sector-17C, Chandigarh-160017

5.     Secretary Revenue-1, Govt of Haryana, Inspector General Registration/Director Land Records, New Secretariat, Sector-17C, Chandigarh-160017

6.     Deputy Commissioner-Cum-Registrar, Panchkula, Mini Secretariat, Sector-1, Panchkula-134109, Haryana

7.     Tehsildar-Cum-Sub-Registrar Kalka, Tehsildar Kalka, Panchkula-133302, Haryana

8.     The Director, Town & Country Planning Department, Haryana, Directorate of Town & Country Planning Haryana, SCO-71-75, Sector-17C, Chandigarh-160017

9.     Senior Town Planner Panchkula-Cum-Chairman, Building Composition Committee, HUDA Complex, Sector-6, Panchkula-134109

10.   Deputy Excise & Taxation Commissioner, Mini Secretariat, Deputy Commissioner Office Complex, Sector-1, Panchkula-134109

                                    .....Proforma Parties 4 to 10

Argued by: -      Maj.Gen.M.P. Singh, Power of attorney holder of the complainants..

 

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Complaint case No.	:	202 of 2018
Date of Institution	:	07.05.2018
Date of Decision	:	28.06.2018

 

1. Dinesh Singh S/o Maj. Gen. (Retd.) Sukhdev Singh.
2. Ms. Anu Singh W/o Sh. Dinesh Singh

Both residents of House No.1007, Sector 36C, Chandigarh (Presently residing at House No.2, Type VI, Nirman Vihar 2, Sector 2, Vidyadhar Nagar, Jaipur).

                                           .....Complainants.

Versus

1. DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh through its authorized representative.

Registered Office:- DLF Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

2. Sh Rakesh Kerwell, Director & Authorised Representative of  DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh

3.     Sh Manoj Talwar, Director & Authorised Representative of  DLF Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

.....Opposite Parties no.1 to 3.

4.     Mrs Keshni Anand Arora, Additional Chief Secretary & Finance Commissioner Government of Haryana, Revenue Department, New Secretariat, Sector-17C, Chandigarh-160017

5.     Secretary Revenue-1, Govt of Haryana, Inspector General Registration/Director Land Records, New Secretariat, Sector-17C, Chandigarh-160017

6.     Deputy Commissioner-Cum-Registrar, Panchkula, Mini Secretariat, Sector-1, Panchkula-134109, Haryana

7.     Tehsildar-Cum-Sub-Registrar Kalka, Tehsildar Kalka, Panchkula-133302, Haryana

8.     The Director, Town & Country Planning Department, Haryana, Directorate of Town & Country Planning Haryana, SCO-71-75, Sector-17C, Chandigarh-160017

9.     Senior Town Planner Panchkula-Cum-Chairman, Building Composition Committee, HUDA Complex, Sector-6, Panchkula-134109

10.   Deputy Excise & Taxation Commissioner, Mini Secretariat, Deputy Commissioner Office Complex, Sector-1, Panchkula-134109

                                    .....Proforma Parties 4 to 10

 

Argued by: -      Maj.Gen.M.P. Singh, Power of attorney holder of the complainants..

 

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Complaint case No.	:	203 of 2018
Date of Institution	:	07.05.2018
Date of Decision	:	28.06.2018

 

1. Gurvinder Singh Bajwa S/o Jagat Singh
2. Manjit Kaur Bajwa W/o Gurvinder Singh Bajwa

Both residents of #DVF-A1/18-GF#217, DLF Valley Panchkula, Sec - 3 Pinjore- Kalka Urban Complex, Panchkula - 134107.

                                           .....Complainants.

Versus

1. DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh through its authorized representative.

Registered Office:- DLF Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

2. Sh Rakesh Kerwell, Director & Authorised Representative of  DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh

3.     Sh Manoj Talwar, Director & Authorised Representative of  DLF Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

.....Opposite Parties no.1 to 3.

4.     Mrs Keshni Anand Arora, Additional Chief Secretary & Finance Commissioner Government of Haryana, Revenue Department, New Secretariat, Sector-17C, Chandigarh-160017

5.     Secretary Revenue-1, Govt of Haryana, Inspector General Registration/Director Land Records, New Secretariat, Sector-17C, Chandigarh-160017

6.     Deputy Commissioner-Cum-Registrar, Panchkula, Mini Secretariat, Sector-1, Panchkula-134109, Haryana

7.     Tehsildar-Cum-Sub-Registrar Kalka, Tehsildar Kalka, Panchkula-133302, Haryana

8.     The Director, Town & Country Planning Department, Haryana, Directorate of Town & Country Planning Haryana, SCO-71-75, Sector-17C, Chandigarh-160017

9.     Senior Town Planner Panchkula-Cum-Chairman, Building Composition Committee, HUDA Complex, Sector-6, Panchkula-134109

10.   Deputy Excise & Taxation Commissioner, Mini Secretariat, Deputy Commissioner Office Complex, Sector-1, Panchkula-134109

                                    .....Proforma Parties 4 to 10

Argued by: -     Complainants in person.

 

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Complaint case No.	:	204 of 2018
Date of Institution	:	07.05.2018
Date of Decision	:	28.06.2018

 

1. Air Commodore Vijay Krishna Seth S/o Bal Krishen Seth R/o 12, IAS Officers Society, GH-31, Sector 20 Panchkula, Haryana, PIN – 134116.
2. Gaurav Seth S/o Air Commodore Vijay Krishna Seth permanent R/o 12, IAS Officers Society, GH-31, Sector 20 Panchkula, Haryana, PIN – 134116, currently residing at House No.35, River Drive South, Jersey City, NJ, 07310 USA (through Power of Attorney in favour of his father - Air Commodore Vijay Krishna Seth S/o Bal Krishen Seth R/o 12, IAS Officers Society, GH-31, Sector 20 Panchkula, Haryana, PIN – 134116).

                                          .....Complainants.

Versus

 

1. DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh through its authorized representative.

Registered Office:- DLF Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

2. Sh Rakesh Kerwell, Director & Authorised Representative of  DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh

3.     Sh Manoj Talwar, Director & Authorised Representative of  DLF  Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

.....Opposite Parties no.1 to 3.

4.     Mrs Keshni Anand Arora, Additional Chief Secretary & Finance Commissioner Government of Haryana, Revenue Department, New Secretariat, Sector-17C, Chandigarh-160017

5.     Secretary Revenue-1, Govt of Haryana, Inspector General Registration/Director Land Records, New Secretariat, Sector-17C, Chandigarh-160017

6.     Deputy Commissioner-Cum-Registrar, Panchkula, Mini Secretariat, Sector-1, Panchkula-134109, Haryana

7.     Tehsildar-Cum-Sub-Registrar Kalka, Tehsildar Kalka, Panchkula-133302, Haryana

8.     The Director, Town & Country Planning Department, Haryana, Directorate of Town & Country Planning Haryana, SCO-71-75, Sector-17C, Chandigarh-160017

9.     Senior Town Planner Panchkula-Cum-Chairman, Building Composition Committee, HUDA Complex, Sector-6, Panchkula-134109

10. Deputy Excise & Taxation Commissioner, Mini Secretariat, Deputy Commissioner Office Complex, Sector-1, Panchkula-134109

                                    .....Proforma Parties 4 to 10

 

Argued by: -      Complainant no.1 in person and also on behalf of complainant no.2.

 

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Complaint case No.	:	205 of 2018
Date of Institution	:	07.05.2018
Date of Decision	:	28.06.2018

1. Prem Prakash Sharma S/o Late L. C. Sharma R/o 709 Himashikha Colony, Pinjore, District-Panchkula, Haryana.
2. Usha Kiran Sharma W/o Prem Prakash Sharma R/o 709 Himashikha Colony, Pinjore, District-Panchkula, Haryana.

                                          .....Complainants.

Versus

3. DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh through its authorized representative.

Registered Office:- DLF Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

2. Sh Rakesh Kerwell, Director & Authorised Representative of  DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh

3.     Sh Manoj Talwar, Director & Authorised Representative of  DLF  Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

.....Opposite Parties no.1 to 3.

4.     Mrs Keshni Anand Arora, Additional Chief Secretary & Finance Commissioner Government of Haryana, Revenue Department, New Secretariat, Sector-17C, Chandigarh-160017

5.     Secretary Revenue-1, Govt of Haryana, Inspector General Registration/Director Land Records, New Secretariat, Sector-17C, Chandigarh-160017

6.     Deputy Commissioner-Cum-Registrar, Panchkula, Mini Secretariat, Sector-1, Panchkula-134109, Haryana

7.     Tehsildar-Cum-Sub-Registrar Kalka, Tehsildar Kalka, Panchkula-133302, Haryana

8.     The Director, Town & Country Planning Department, Haryana, Directorate of Town & Country Planning Haryana, SCO-71-75, Sector-17C, Chandigarh-160017

9.     Senior Town Planner Panchkula-Cum-Chairman, Building Composition Committee, HUDA Complex, Sector-6, Panchkula-134109

10. Deputy Excise & Taxation Commissioner, Mini Secretariat, Deputy Commissioner Office Complex, Sector-1, Panchkula-134109

                                    .....Proforma Parties 4 to 10

Argued by: -      Complainants in person.

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Complaint case No.	:		206 of 2018
Date of Institution	:		07.05.2018
Date of Decision		:	28.06.2018

1. Prem Prakash Sharma S/o Late L. C. Sharma R/o 709 Himashikha Colony, Pinjore, District-Panchkula, Haryana.
2. Usha Kiran Sharma W/o Prem Prakash Sharma R/o 709 Himashikha Colony, Pinjore, District-Panchkula, Haryana.

                                          .....Complainants.

Versus

1. DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh through its authorized representative.

Registered Office:- DLF Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

2. Sh Rakesh Kerwell, Director & Authorised Representative of  DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8 C, Chandigarh

3.     Sh Manoj Talwar, Director & Authorised Representative of  DLF  Homes Panchkula Pvt. Ltd., Regd. Office at 12^th Floor, DLF City, Phase-III, National Highway-8, Gurgaon through its Managing Director.

.....Opposite Parties no.1 to 3.

4.     Mrs Keshni Anand Arora, Additional Chief Secretary & Finance Commissioner Government of Haryana, Revenue Department, New Secretariat, Sector-17C, Chandigarh-160017

5.     Secretary Revenue-1, Govt of Haryana, Inspector General Registration/Director Land Records, New Secretariat, Sector-17C, Chandigarh-160017

6.     Deputy Commissioner-Cum-Registrar, Panchkula, Mini Secretariat, Sector-1, Panchkula-134109, Haryana

7.     Tehsildar-Cum-Sub-Registrar Kalka, Tehsildar Kalka, Panchkula-133302, Haryana

8.     The Director, Town & Country Planning Department, Haryana, Directorate of Town & Country Planning Haryana, SCO-71-75, Sector-17C, Chandigarh-160017

9.     Senior Town Planner Panchkula-Cum-Chairman, Building Composition Committee, HUDA Complex, Sector-6, Panchkula-134109

10.   Deputy Excise & Taxation Commissioner, Mini Secretariat, Deputy Commissioner Office Complex, Sector-1, Panchkula-134109

                                    .....Proforma Parties 4 to 10

 

Argued by: -      Complainants in person.

 

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Complaints under Section 17 of the Consumer Protection Act, 1986

BEFORE:         JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                        MR. DEV RAJ, MEMBER.

 

PER JUSTICE JASBIR SINGH (RETD.), PRESIDENT

                By this order, we propose to dispose of the aforesaid nine (09) consumer complaints. Arguments were heard in common, in the above cases, as the issues involved therein, except minor variations, here and there, of law and facts are the same. At the time of arguments, on 09.05.2018, it was agreed by the complainants, who appeared in their respective cases, that, in view of above, all the nine complaints can be disposed of, by passing a consolidated order.

2.         Under above circumstances, to dictate order, facts are being taken from consumer complaint bearing no.161 of 2018, titled  as Maj. Gen. (Retd.) M.P. Singh and another Vs. DLF Homes Panchkula Pvt. Limited and ors. Against buyer agreement dated 19.11.2010 Annexure C-1, the complainants purchased an independent floor in a project launched by opposite party no.1. Opposite parties no.2 and 3 are the Directors of opposite party no.1. Opposite parties no.4 to 10 are the Govt. Officials/Officers. In this complaint, no relief has been claimed against them. It appears that they have been impleaded in this complaint, for the purpose of collecting evidence. It is on record that possession of the unit was offered to the complainants on 29.10.2016. Consumer complaint bearing no.837 of 2016 was filed by the complainants before this Commission on 22.11.2016, stating therein that the offer so made by opposite parties no.1 to 3 was only a paper possession; the flat was not habitable, due to large number of defects in construction and non-availability of basic amenities at the project site. In the said complaint, directions were sought to be given to opposite party no.1 to deliver possession of a habitable unit and to complete all other basic amenities and also to compensate the complainants for delay in delivery thereof, alongwith other reliefs.
3.         The said complaint bearing no.837 of 2016, among many other complaints, relating to other units situated in this very project, was allowed, vide common order dated 31.03.2017. Main judgment was rendered in the case of Sh.Abhishek Raghuvanshi Vs. DLF Homes Panchkula Pvt. Ltd. and another, consumer complaint bearing No.836 of 2016, wherein, following relief was granted to the complainants, vide order dated 31.03.2017: -

 “  In these three cases, the Opposite Parties have offered possession in October 2016 and November 2016, asking the complainants to deposit the amount(s) within six   months. As already discussed in Para 39 above, in case, any allottee is eager to get possession, he/she will complete formalities and deposit the amount before the period of six months, and pay the amount towards demand raised, except the demands towards, contingent VAT deposit and Advocate charges and Stamp duty, if any, and as and when, amount is deposited and necessary documents are submitted, possession will be handed over to complainant(s), by the Opposite Parties within 3 weeks.           The Opposite Parties, in each of these cases, are, jointly and severally, directed as under:-

(i)	To hand over physical possession of  the unit(s), allotted in favour of the complainant(s), complete in all respects, after removing the snags pointed out, to the complainant(s), within a period of 30 days, from the date  balance payment is made/documents are completed  by the complainant(s).
(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 amount, to the complainant(s), with effect from 14.12.2014, 19.11.2013 & 26.12.2013 respectively up-till two months from the date of offer of possession i.e. up-to 14.01.2017, 28.12.2016 & 25.12.2016 respectively, within 45 days, from the date of receipt of a certified copy of this order, failing which, the said amount shall carry penal interest @15% p.a., instead of 12% p.a., from the date of default, till realization.              In case, the Opposite Parties fail to deliver possession within 30 days from the date of making payment by the complainants, for such delay, beyond 30 days, compensation by way of interest @12% p.a. on the deposited amount for each month, till possession is delivered, shall be payable by 10th of the following month and failure shall entail penal interest @15% p.a. instead of 12% p.a. till payment is made.
(iv)	Pay compensation in the sum of Rs.1,50,000/-, in each case, on account of mental agony, physical harassment and deficiency in service and Rs.35,000/- as litigation costs, in each case, to the complainant(s), 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(s) 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.”

4.         Vide the said order, subject to deposit of requisite amount, if any, by the complainant(s), directions were issued to opposite parties no.1 to 3 to hand over physical possession of the unit, to the complainants, within a time bound manner and further to get the sale deed registered on payment of stamp duty charges etc. Opposite parties no.1 to 3 were also directed to pay compensation, by way of interest @12% p.a. on the deposited amount to the complainants, from a specified date mentioned in the order, as referred to above. In case of failure, on the part of opposite parties no.1 to 3, to hand over possession in a time bound manner, the awarded amount was to entail penal interest. Further compensation was awarded for suffering mental agony and physical harassment, besides litigation expenses.
5.         It is on record that against the order dated 31.03.2017, opposite parties no.1 to 3 filed First Appeal No.1012 of 2017 before the National Commission, wherein, vide order dated 13.06.2017 directions issued by this Commission in order dated 31.03.2017 against sr.no. (i) and (ii) were not stayed and other directions were stayed, subject to deposit of an amount of Rs.5 lacs, within a time bound manner. Till the time of hearing of this complaint, the above said appeal was pending disposal before the National Commission. It is case of the complainants that when actual physical possession of the unit was not so handed over to them, they filed execution application no.210 of 2017 on 22.05.2017. It is further the case of the complainants that during pendency of the above said execution application before this Commission, possession of the unit was handed over to him on 05.07.2017, which he accepted. However, no steps were taken to execute the sale deed in respect of the unit in question. During pendency of that execution application, on 31.07.2017, specific directions were issued to opposite parties no.1 to 3 to execute sale deed without insisting upon payment of contingent deposit of VAT amount. The opposite parties no.1 to 3 failed to comply with the order passed. The execution application continued to be adjourned to several dates. Thereafter, on asking of this Commission, draft of sale deed was handed over to the complainants. The provisions contained in the said draft deed were objected to by the complainants, being arbitrary and one sided and further stating that those stipulations contained in the said document were without any legal sanctity. It was further stated that during pendency of those proceedings, dispute qua issuance of declaration of deed was raised, however, it was wrongly stated by opposite parties no.1 to 3 that the said deed of declaration was available with them, yet, its copy was not supplied to the complainants. It was further stated that in the execution proceedings, referred to above, many issues were raised regarding applicability of Haryana Apartment Ownership Act, 1983 to the project in question. It was further stated that during the period intervening of execution proceedings, the complainants challenged the terms and conditions contained in format of the conveyance deed provided by opposite parties no.1 to 3. To say above facts, reference has been made to various interim applications moved in the said execution application (210 of 2017), by the complainants.

                It is admitted case that the said execution application was disposed of vide order dated 27.02.2018. This Commission, after making reference to the order passed and relief granted to the complainants in consumer complaint no.837 of 2016 and interim order passed on 31.07.2017 in execution application no.210 of 2017, disposed of the said execution application by observing as under:-

“ 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 05.07.2017. Thereafter, vide order dated 31.07.2017, 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.

                   With above observations, this execution application and the other miscellaneous applications bearing Nos.824 of 2017, 967 of 2017 & 27 of 2018 stands disposed of.

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

6.          It was the case of the complainants in the said execution application (210 of 2017) that while raising construction, some illegal construction was raised by opposite parties no.1 to 3. To ward off any harm to the complainants, in future, on account of above fact, it was specifically ordered in the said execution application that in case any such defect is found and loss is caused to the complainants, judgment debtors/opposite parties no.1 to 3 shall indemnify the complainants to the extent of loss caused.  It was also noticed that draft of sale seed had already been supplied to the complainants/decree holders and, as such, if they have some issues regarding some provisions contained therein, liberty was granted to them to lay challenge to those provisions by filing independent complaint(s). It was also noticed that the complainants have not paid the amount towards stamp duty charges etc. Directions were issued to the complainants that on getting intimation of amount to be paid, they shall purchase stamp papers for execution of sale deed and get the sale deed drafted as per draft provided by the judgment debtors, from a person of their own choice. emphasis supplied.
7.          It is case of the complainants that after passing of order by this Commission on 27.02.2018 in execution application no.210 of 2017, opposite parties no.1 to 3, sent a draft of conveyance deed to the complainants, on 21.03.2018, for getting sale deed registered. It was further stated that terms and conditions contained in the second draft of sale deed were the same, to the draft of sale deed, already supplied during pendency of the execution application aforesaid.
8.         It is case of the complainants that most of the provisions contained in the said draft of sale deed were illegal and letter was sent to opposite parties no.1 to 3 challenging those conditions. At that stage, when nothing was done, this complaint was filed stating abovesaid facts and claiming following reliefs: -

1. “To execute sale deed/conveyance deed on mutually acceptable Conveyance Deed or in the alternative, this Hon’ble Commission is requested to exercise its inherent constitutional legal powers to get the said property  of the decree holders through their nominated official as per State Govt. Sale Deed format attached in MA/27/2018.
2. To provide mandatory documents as per provisions of   Transfer of Property Act to Vendee prior to execution of said CD to verify their validations.
3. To define the said Independent Floor as inclusive of second half of Terrace as per Buyer Agreement.
4. To provide copy of Declaration Deed as per Haryana Apartment Act-1983, as they have ultimately, admitted that their project falls under the said Act (1983) or in the alternative, the opposite parties no.1 to 3 be directed to get illegally increased built up area of said property (1750 sq ft as against 1358 sq ft approved built up area by State Govt and that too after compounding penalty as against initially approved built up area of 1229 sq ft only ie illegal increase in built up area from initially approved plan by 42.39%) regularized from competent authorities before sale deed registration and requisite documents to this effect be provided to the complainants.
5. To place demand of stamp duty from the complainants as per FCR Letter  and HUDA Policy
6. To render details sought by the complainants on VAT immediately to enable them to pay pending VAT on priority, if any.
7. Opposite Party No.2 be directed to present himself before this Hon’ble Commission, to clarify his Company/Colonizer’s stance on various objections on his false affidavit raised and also to seek his decision on controversial clauses of conveyance deed, which apparently are beyond the purview of Opposite parties no.1 to 3 counsels
8. To confirm that the contents of the Affidavit submitted by them to SCDRC on 14 Dec 17 is no longer valid.
9. To confine  the Conveyance deed only between actual owner of Plot No. C1/9 in said project & the Allottee as per the Buyers Agreement.
10. To provide the mandatory documents as per provisions of Transfer of Property Act including the declaration as per the Buyers Agreement and draft CD/ sale deeds registered so far.
11. All Clauses having mentioning of UNPAID SALE PRICE are to be deleted from the Deed.
12. All Clauses linked to the maintenance aspects and Maintenance Agency & those under the purview of Residents Welfare Society are to be deleted from the deed.
13. All Clauses having implied or direct threatening actions and connotations to Cancellation of the conveyance deed, repossession of the Independent floor etc needed to be removed from the Deed.
14. Indemnification by the Opposite Parties No.1 to 3  to the Complainants as per State Commission Order dated 27 Feb 18 be included in the Conveyance Deed as a Clause, otherwise it will lead to avoidable prolonged litigation extended to few decades because after registration of conveyance deed, complete onus will shift on buyers.
15. Arbitration Clause at Para 33 of the deed be modified as per the latest amendment by Govt of India and Supreme Court orders on the subject.
16. The Conveyance deed be executed for the built up area as authorized vide its Occupation Certificate per existing practice in Panchkula.
17. Alternatively the authorization of the competent authority for the excess built up area over & above the area mentioned in the Occupation certificate be quoted and also regularized from State Govt prior to sale deed registration.”

9.         The respective complainants attached evidence with complaint in support of their cases and raised arguments in terms of pleadings noted in earlier part of this order, which were heard, in detail.
10.         After hearing the complainants and on going through the evidence on record, we are of the considered opinion that these complaints cannot be entertained by this Commission, at this stage. It is apparent on record that by filing this complaint, not only almost 70% of the provisions contained in the draft of sale deed but also many other new issues have been raised by the complainants, like what will be the area of the independent floor; whether it will include second half of terrace or not; to provide copy of deed of declaration; increase in area mentioned in the final statement of account when possession of the unit was offered in the month of October 2016 was not justified; demand of stamp duty charges be raised as per specific letter issued by FCR Letter and HUDA policy, copy of which has been placed on record. Further, to confirm the contents of affidavit submitted by opposite party no.2 on 14.12.2017, during execution proceedings and to say that the contents thereof are not valid. Regarding the provisions of maintenance agreement, the same were also challenged.

                We are of the considered opinion that the complainants are remiss in not performing their part of the conditions imposed upon them, vide order dated 27.02.2018, in execution application no. 210 of 2017. Vide the said order, they were directed to make payment towards stamp duty and registration charges. Further liberty was granted to them to purchase stamp papers of their own and get the sale deed drafted as per the provisions of draft of sale deed, which was made available to them, during those execution proceedings and then sale deed be registered.  However, it appears that when amount was to be paid towards stamp duty and registration charges, the complainants immediately started racking objections to each and every clause of draft of the sale deed, which was available with them, when their execution application was pending execution. Neither in the original consumer complaint bearing no.837 of 2016 nor in the execution application no.210 of 2017 filed before this Commission by the complainants, issues were raised, which are now being raised in the second/present complaint.

                No relief has been claimed against opposite parties no.4 to 10. They have been impleaded only to facilitate collection of evidence. Further, serious issues were raised qua terms and conditions of the existing buyer’s agreement, which were incorporated in the draft of sale deed and also qua increase of area of the unit. It is necessary to mention here that the above said issues have already become final, when original complaint bearing no.837 of 2016 was decided wherein, issue raised by the complainants, regarding increase in area of the unit, in question, was ignored by this Commission and further they were directed sign requisite documents like maintenance agreement etc., which they, as per impression gathered, have signed. If those very terms and conditions are incorporated in the sale deed, possibly they cannot raise any objections. In a way, we can safely say that if the complainants were not satisfied with the observations made when their consumer complaint bearing no.837 of 2016 was allowed, vide order dated 31.03.2017 and further when execution application no.210 of 2017 was disposed of on 27.02.2018, they were free to file an appeal/revision against the above said orders before the National Commission. They choose not to do so and on disposal of execution application no.210 of 2017, on 27.02.2018, they immediately racked up many more issues. The complainants cannot be allowed to bifurcate the claim and file successive complaints, one after another, qua dispute between the parties. Most of the issues which have been raised now, were available with the complainants, when filing consumer complaint bearing no.836 of 2016 and execution application bearing no.210 of 2017. Otherwise also, if this complaint is entertained, it would amount to collecting of evidence and calling of all the witnesses etc. which will involve a huge time spending. The proceedings before this Commission, under the Act are summary in nature and such issues raised by the complainants, now in this complaint, need to be referred to some other Fora, where those can be decided after leading detailed evidence/summoning of witnesses for detailed inquiry. Under similar circumstances, similar view was taken by the National Commission, in the case of M/s Citimake Builders Pvt. Ltd. Vs. Samata Sahakari Bank Ltd., consumer complaint bearing no.141 of 2009 decided on 16.10.2012.

11.         For the reasons recorded above, this complaint is dismissed being not maintainable before this Commission. All the complaints are ordered to be returned to the complainants, alongwith the documents attached therewith, after retaining one spare copy of the same, with liberty for presentation before the appropriate  Fora.
12.         Certified copy of this order be placed in connected complaint files, referred to above.
13.         Certified Copies of this order, be sent to the parties, free of charge.
14.         A spare copy of the complaint case, and the documents attached therewith, be consigned to Record Room, after due completion.

Pronounced.

28.06.2018

Sd/-

 [JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

Sd/-

 (DEV RAJ)

MEMBER

 

 

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