STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UNION TERRITORY, CHANDIGARH
First Appeal No. | 81 of 2014 |
Date of Institution | 04.03.2014 |
Date of Decision | 25.04.2014 |
Sunita Bansal wife of Adarsh Gupta resident of House No.144, Sector 46, Chandigarh.
…..Appellant/Complainant.
Versus
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Contesting Respondent/Opposite Party No.1.
2. Mahesh Gupta s/o Sh.Y.P.Gupta, resident of House No.1095,
3. M/s MG Goodlands Pvt. Ltd., SCO No.1086-87, 2nd
……Proforma Respondents/Opposite Parties No.2 and 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 05.03.2014.
PER DEV RAJ, MEMBER
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10. 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 05.03.2014.
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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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DOWN PAYMENT PLAN |
On Application for Booking | Rs.12 lacs (for Plot size less than 500 Sq.yards) Rs.15 lacs (for Plot size of 500 Sq. yards or more) |
Within 45 days of Booking | 95% of Total Price + 95% of EDC (Less: Down Payment Rebate & Booking Amount) |
On offer of Possession | 5% of Total Price, 5% of EDC, IBMS, Club Charges, Registration & Stamp Duty and 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 Plot in the Said Project, notwithstanding the fact that the Company may have issue 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 Plot 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 (attached as Annexure-II) of the Project has been approved vide letter memo no.1585 CTP (PB) MPM – 133 dated 4th March 2011 issued by CTP, Punjab. Necessary zoning plan for development of the Said Project shall be submitted by the Company to the Chief Town Planner, Punjab at Chandigarh. The Applicant understands that if for any reasons the Company is not in a position to finally allot the Said Plot 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 will give notice to the Company. The Company shall refund the amounts within 30 days of receipt of the notice for refund from the Applicant. The applicant understands that the Company shall have no other liability of any kind except the refund of such amount.”
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Pronounced.
April 25, 2014.
Sd/-
[JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
Sd/-
(DEV RAJ)
MEMBER
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STATE COMMISSION
(First Appeal No.81 of 2014)
Argued by:Sh. Mukand Gupta, Advocate for the appellant.
Service of respondents No.2 and 3 already dispensed with vide order dated 05.03.2014.
Dated the
ORDER
. The order of the District Forum has been upheld.
(DEV RAJ) MEMBER | (JUSTICE SHAM SUNDER (RETD.)) PRESIDENT |
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