DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH Complaint Case No.:1329 of 2009 Date of Inst:23.09.2009 Date of Decision:13.04.2010 Nikhil Saraf, Proprietor of Ohm Fortune Land Base, 2159, Sector 15-C, Chandigarh. ---Complainant V E R S U S Emaar MGF Land Pvt. Ltd., through its Managing Director, SCO 120-122, Sector 17-C, Chandigarh. ---Opposite Party QUORUM SHRI LAKSHMAN SHARMA PRESIDENT SHRI ASHOK RAJ BHANDARI MEMBER SMT.MADHU MUTNEJA MEMBER PRESENT: Sh.D.K.Singal, Adv. for complainant Sh.Amarjeet Singh Longia, Adv. for OP. --- PER LAKSHMAN SHARMA, PRESIDENT Sh.Nikhil Saraf has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed to :- i) Allot any other alternative plot having same location without PL charges in Sector 105, Mohali in lieu of plot No.183 allotted in Sector 108, Mohali along with its physical possession. ii) Pay interest on Rs.16.35 lacs from the date of deposit to the date of handing/offering the physical possession of the plot after developing the area of the alternative allotted plot in Sector 105, Mohali with all basic amenities. iii) Pay a sum of Rs.2 lacs as compensation for mental agony and harassment. iv) Pay a sum of Rs.1.50 lacs as punitive damages. v) Pay a sum of Rs.11000/- as litigation expenses. 2. In brief, the case of the complainant is that OP launched a scheme for construction of ultra modern residential and commercial complex in Sector 105, Mohali and invited applications for allotment of plots @ Rs.10,000/- per square yard plus development charges. The complainant applied for allotment of a plot measuring 300 sq. yards by depositing Rs. 6 lakh as booking amount along with the advance registration form dated 16.11.2005 (Annexure C-2). According to the complainant, OP revised the rate of allotment unilaterally from Rs.10000/- to Rs.11,500/- sq. yard in the year 2007 and asked him to deposit an amount of equivalent to 30% of the basic sale price. Consequently, he deposited an amount of Rs.10.35 lacs vide demand draft dated 07.09.2006 (Annexure C-2). Thereafter OP allotted him a plot in Sector 105, Mohali having preferential location instead of ordinary plot and demanded preferential land charges (for short P.L.C). As the complainant did not want to purchase preferential location, he requested OP vide letter dated 21.04.2007 to allot some plot other than preferential location. On his request, OP allotted another plot (No.183) in Sector 108 Mohali but the same was also having the preferential location. Therefore, the complainant again requested OPs vide letters dated 29.08.2007 and 12.09.2007 to allot the ordinary plot instead of preferential plot but to no effect. The complainant even served a legal notice dated 12.03.2009 upon the OP but to no effect. It has further been pleaded that no development work has been started by OP even after expiry of stipulated two years. According to the complainant, neither the OP allotted the ordinary plot to him in Sector 105, Mohali nor refunded the deposited amount despite his repeated requests which amounts to deficiency in service and unfair trade practice. In these circumstances, the present complaint was filed seeking the reliefs mentioned above. 3. In the reply filed by OP, it has been admitted that OP launched a scheme for construction of ultra modern residential and commercial complex at Mohali. It has been denied that OP invited applications for allotment of plots @ Rs.10,000/- per square yard plus extra development charges. It has been pleaded that OP booked the plot at its basic price @ Rs.11,500/- per square yards. It has been admitted that the complainant was asked to deposit an amount equivalent to 30% of the basic sale price. It has further been admitted that the complainant deposited an amount of Rs.10.35 lacs vide cheque dated 07.09.2006. It has further been admitted that plot No.177 in Sector 105, Mohali was allotted to the complainant. The said plot was at preferential location. So the complainant was asked to deposit the preferential land charges. However, the complainant made a request to allot him ordinary plot i.e. the plot not having preferential location. Later another plot (No.183) was allotted to the complainant in Sector 108. Allotment of this plot was also cancelled at the request of the complainant as the same was also at a preferential location. It has further been pleaded that it is prerogative of OP to allot a plot in any sector of Mohali Hills and the complainant has no right to ask for allotment in any particular sector of Mohali Hills. All other averments made in the complaint are denied by OPs. In these circumstances, according to OP, there is no deficiency in service on its part and the complaint deserves dismissal. 4. We have heard the learned counsel for the parties and have gone through the entire record including documents, annexures, affidavits etc. 5. Admittedly, the complainant moved an application for registration of plot measuring 300 square yards in Mohali Hills. Copy of the application is OP-1. From the letter (Annexure OP-1, it is apparent that the complainant had applied for a residential plot in Sector 105, Mohali and for that purpose, he deposited Rs.13.80 lacs. Admittedly, the plot No.177, Sector 105, Mohali was allotted to the complainant. However, the allotment of the said plot was cancelled on the request of the complainant as the complainant did not want any plot having the preferential location. Later on, plot No.183 in Sector 108, Mohali was allotted to the complainant. According to the complainant, the said plot was also having the preferential location. So the complainant wrote letters dated 29.08.07 and 12.09.07 for cancellation of the same and for allotment of a ordinary plot in Sector 105, Mohali not having the preferential location. However, he has not been allotted any plot thereafter despite the fact that period of 3 years has already expired from the date of payment of the amount. 6. It was vehemently argued by the learned counsel for the OP that the applications were invited for allotment of plots in Mohali Hills which consists of three sectors i.e. 105, 108 and 109. The complainant has no right for allotment of plot in any particular sector. Therefore, his insistence for allotment of plot in Sector 105, Mohali is illegal and is contrary to the contents of the application moved by him. 7. We have gone through the application (Annexure OP-1). From the bare perusal of the same, it is apparent that the complainant had applied for allotment of a plot measuring 300 sq. yards in Sector 105, Mohali. So the argument advanced by the learned counsel for the OP has no force. If OP has no plot of the liking of the complainant in Sector 105, Mohali, the complainant is entitled for refund of the deposited amount. Admittedly, no plot in Sector 105, Mohali has been allotted to the complainant nor there is any averment in the written statement to the effect that any plot not having the preferential location will be allotted to the complainant in Sector 105, Mohali. In these circumstances, to our mind, the complainant is entitled to the refund of the amount. Failure on the part of the OP to allot the plot not having the preferential location in Sector 105, Mohali i.e. ordinary plot in that sector or refund of the deposited amount to the complainant amounts to deficiency in service on the part of OP. 8. In these circumstances, the complaint is allowed with following directions to OP:- i) To refund the amount of Rs.13,80,000/ to the complainant. ii) To pay a sum of Rs.75,000/- to the complainant as compensation as mental agony and harassment. iii) To pay a sum of Rs.5000/- as costs of litigation. 9. This order be complied with by the OP within 45 days from the date of receipt of its certified copy, failing which the OP shall be liable to refund the aforesaid amount of Rs.14,55,000/- to the complainant along with penal interest @ 18% p.a. from the date of filing of the complaint i.e. 23.09.2009 till its realization besides costs of litigation of Rs.5000/-. 10. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced sd/- 13.04.2010 (LAKSHMAN SHARMA) PRESIDENT cm sd/- (ASHOK RAJ BHANDARI) MEMBER Sd/- (MADHU MUTNEJA) MEMBER
| | MR. A.R BHANDARI, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MRS. MADHU MUTNEJA, MEMBER | | 
