STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UNION TERRITORY, CHANDIGARH
First Appeal No. | 51 of 2014 |
Date of Institution | 12.02.2014 |
Date of Decision | 25.04.2014 |
Narinder Singh Rana resident of House No.1418, Sector 26, Panchkula, Haryana.
…..Appellant/Complainant.
Versus
1.
…..Respondent/Opposite Party No.1.
2. Mahesh Gupta s/o Sh.Y.P.Gupta, r/o House No.1095, Sector
3. M/s NMG Infra Solutions Pvt. Ltd. House No.1095, Sector ……Proforma Respondents/Opposite Parties No.2 & 3.
Appeal under Section 15 of the Consumer Protection Act, 1986.
BEFORE:
Argued by:Sh. Mukand Gupta, Advocate for the appellant.
Service of respondents No.2 and 3 already dispensed with vide order dated 13.02.2014.
PER DEV RAJ, MEMBER
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9. However, since respondents No.2 and 3, who were Opposite Parties No.2 and 3 in the District Forum, were only arrayed as Proforma respondents in appeal, therefore, their service was dispensed with vide order dated 13.02.2014.
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11. Consumer Complaint No.800 of 2012 decided by District Forum-I, U.T., Chandigarh on 29.05.2013, against which, First Appeal No.348 of 2013 was dismissed by this Commission vide order dated 23.8.2013.
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“3. Act not in derogation of any other law.—
The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.”
Section 3 of the Act, is worded in widest terms, and leaves no manner of . In this view of the matter, this objection of respondent No.1/Opposite Party No.1, being devoid of merit, must fail, and the same stands rejected.
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CONSTRUCTION LINK PAYMENT PLAN |
On Application for Booking | Rs.600000/- (On Plot size ≥ 502 Sq Yds i.e.420 Sq Mtr) Rs.400000/- (On Plot size < 502 Sq Yds i.e.420 Sq Mtr) |
Within 2 Months of Booking | 20% of Total Price less Booking Amount |
Within 4 months of Booking | 10% of Total Price |
Foundation upto Plinth Level or Within 6 months of Booking, whichever is later | 12.5% of Total Price |
Casting of Ground Floor Roof Slab or Within 9 months of Booking, whichever is later | 12.5% of Total Price |
Casting of First Floor Roof Slab or Within 15 months of Booking, whichever is later | 10% of Total Price |
Casting of Second Floor Roof Slab or Within 15 months of Booking, whichever is later | 10% of Total Price |
Completion of Flooring and tile work or Within 18 months of Booking, whichever is later | 10% of Total Price |
On filing of Application for Completion Certificate or Within 21 months of Booking, whichever is later | 10% of Total Price |
On offer of Possession | 5% of Total Price + IBMS + Club + Registration + Stamp Duty + Other charges, if any. |
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“The Applicant has clearly understood that by submitting this Application the Applicant does not become entitled to the final allotment of the Said Independent Floor in the Said Building/Said Complex, notwithstanding the fact that the Company may have issued a receipt in acknowledgement of the money tendered with this Application. The Applicant further understands that it is only after the issuance of the letter of allotment that the allotment will get confirmed and after the Applicant signing and executing the Agreement and agreeing to abide by the terms and conditions laid down therein that the allotment of the Said Independent Floor shall become final. If the Applicant fails to execute and return the Agreement within thirty (30) days from the date of its dispatch by the Company, then the Company shall have the discretion to treat this Application as cancelled and on such cancellation the Earnest Money (hereinafter defined) along with the Non Refundable Amounts (hereinafter defined), paid by the Applicant, shall stand forfeited. The Applicant is aware that the layout plan/building plans for development of the Said Project are not yet sanctioned by Director Town and Country Planning (DTCP), Chandigarh. The construction will only commence after all necessary approvals are received from the concerned authorities. The Applicant understands that if for any reasons, including non-sanction of the layout plan, the Company is not in a position to finally allot the the Said Independent Floor within a period of one year from the date of this Application, the Company shall refund the booking amount deposited by the Applicant, with simple interest @ 6% per annum, calculated for the period such amount has been lying with the Company for which the Applicant give notice to the Company. The Company shall refund the amounts within 30 days of receipt of the notice from the Applicant. The Applicant understands that the Company shall have no other liability of any kind except the refund of such amounts.”
19. , as he was well aware that the layout plans/building plans for the development of the said project were not yet sanctioned. Therefore, this contention of the appellant/complainant, being devoid of merit, stands rejected. The case titled, 20.
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Pronounced.
April 25, 2014.
Sd/-
[JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
Sd/-
(DEV RAJ)
MEMBER
Ad
STATE COMMISSION
(First Appeal No.51 of 2014)
Argued by:Sh. Mukand Gupta, Advocate for the appellant.
Service of respondents No.2 and 3 already dispensed with vide order dated 13.02.2014.
Dated the 25th
ORDER
. The order of the District Forum has been upheld.
(DEV RAJ) MEMBER | (JUSTICE SHAM SUNDER (RETD.)) PRESIDENT |
