BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Rakesh Bajaj son of Sh. A.L. Bajaj, resident of H.No. 3046, Sector 20-D, Chandigarh.

…..Complainant

                 V E R S U S

1]  Emaar MGF Land Pvt. Ltd., SCO 120-122, Sector 17-C, Chandigarh through its Managing Director.

2]  Emaar MGF Land Pvt. Ltd., ECE House, #28 Kasturba Gandhi Marg, New Delhi through its Director.

                      ……Opposite Parties

CORAM:   SH.P.D.GOEL                    PRESIDENT

         SH.RAJINDER SINGH GILL          MEMBER

              DR.(MRS) MADANJIT KAUR SAHOTA,   MEMBER

Argued by: Sh.Subhash Chander Sharma, Counsel for Complainant.

          Sh.Ashish Sarup, Counsel for OPs.         

PER P.D. GOEL, PRESIDENT

         Briefly stated the complainant was allotted a plot No.367 measuring 300 Sq. yards in Mohali Hills. Prior to allotment the complainant filed advance registration form dated 19.11.2005 and also enclosed a cheque of Rs.6,00,000/- and basic price @Rs.10,000/- per sq. yard + E.D.C. as applicable per Sq. yard as per the prevailing rate on allotment of PLC if applicable and the same was accepted by the OPs. The complainant alleged that at time of issuance of provisional allotment letter dated 8.3.2007, the OPs mentioned the rate @11,500/- per sq. yards instead of Rs.10,000/- per sq. yard, which was against the terms and condition of the advance registration form. The complainant averred that he visited the OPs number of times and requested them not to charge at the rate of Rs.11,500/-. However, the OPs assured him that the excess amount will be adjusted in the future installments, but till today they did not adjust Rs.4,50,000/-.

         The complainant further submitted that he had deposited Rs.28,44,522/- towards due installments till 16.9.2008. The complainant further averred that when he visited the project site, it was found that no development work has been done till today, so he stopped the payment of pending installment, due to non-development of the project and also wrote a letter dated 26.2.2010 to the OPs regarding non-development of the project.

         The complainant averred that as per agreement dated 18.06.2007, the project was to be completed within two years, but the same has not been done till today. The complainant averred that he has intimated the OPs vide letter dated 26.2.2010 to adjust the amount of Rs.4,50,000/- in the future installments, but nothing was done by OPs. The complainant alleged that the OPs continued with the provisional allotment letter dated 8.5.2007 and have illegally demanded Rs.11,500/- per sq. yards and the complainant deposited Rs.10,35,000/- on 23.9.2006. Ultimately a legal notice was got served upon the Ops but to no avail. Hence this complaint. 

2.       The OPs in their reply denied issuance of any advance registration form towards registration of any plot in 2005. The OP also feigned the knowledge about the advance registration or any cheque. The complainant came into the contact of OPs only on 6.9.2006 and signed application form towards registration of expression of interest in a residential plot Mohali Hills dated 6.9.2009, which clearly indicates the basic price per square yard as Rs.11,500/-. Towards the application for registration of expression of interest, the complainant deposited an amount of Rs.10,35,000/- vide cheque No.964640. The OPs contended that they have not received any payment from the complainant prior to 6.9.2009. The OPs pleaded that the complainant is defaulter in payments as per the payment plan. It has been vehemently denied that development work is not going on rather the OPs have offered the possession of 800 plots on completion of all infrastructure work. The OPs denied that the rate offered was different than the allotted rate. The OPs clarified that they had invited application for Expression of interest for plots @ Rs.11500/- per sq. yards and the same has been categorically mentioned in the Allotment letter dated 08.05.2007. Denying all other allegations, it is prayed that the complaint be dismissed.

3.       Parties led evidence in support of their contentions.

4.       We have heard the learned counsel for the parties and have also perused the record.

5.       The learned counsel for the Complainant argued that as desired by the OPs, the advance registration form Annexure A-1 was given to the OPs on 19.11.2005, along with a cheque bearing No. 974810, dated 19.11.2005 for Rs.6 lacs, which is evident from acknowledgement attached thereto. The parties to the lis qua Annexure A-1 agreed that the basic price of the plot will be @ Rs.10,000/- per sq yards + EDS, as applicable. However, when the provisional allotment letter dated 08.05.2007 (Annexure A-2) was issued, the plot was allotted in Augusta Park, Sector 109, Mohali Hills @ Rs.11,500/- per sq. yard.

6.       We do not, however, find any merit in this argument, because in the Plot Buyer’s Agreement (Annexure A-3), to which the Complainant was a signatory, he himself consented that the plot may be allotted to him at this rate i.e. Rs.11,500/- per sq. yard.

7.       The contention of the Complainant is that he had deposited a total consideration of Rs.28,44,522/- on account of the due installments till 16.09.2008. This assertion is duly fortified by the receipts placed on record by the Complainant as Annexure A-5 to A-11. Even otherwise also, the OPs had not refuted the payment of the aforesaid amount.

8.       It is the case of the Complainant that when he visited the Project site, he found that there was no development over said site. When, confronted with the said aspect, OPs stoutly denied that there was no development and to refute the Complainant’s claim, photographs of the development works, carried out by the OPs, are annexed with their reply at Annexure R-7. We do not find any merit in this argument. A close perusal of the said photographs shows that these are merely Photostat copies of the photographs, sans any attestation. Moreover, these Photostat copies of the photographs are not sufficient to connect with the construction work allegedly being carried out at the Project site by the OPs. Since these photographs are not attested by an authorized signatory, therefore, it carries no evidentiary value and is of no help to the OPs. 

9.       As per clause 8 of the of the Agreement dated 20.06.2007 (Annexure A-3), possession of the plot to the allottee was to be given within the period of two years from the execution of agreement, but not later than three years for reason of any force majeure event or any other reason beyond the control of the company. In this way, the OPs had to develop the project with the aforesaid time frame, which expired on 19.06.2009. It will not be out of place to say that the OPs have miserably failed to produce and prove any such circumstances or reasons beyond their control, which averted them from completing the project within the stipulated time frame. Their sole contention is that since the Complainant defaulted in paying the installments, therefore, possession was not handed over to him and to substantiate this fact, they placed reliance on statement of accounts. The said statement is unattested and did not bear signatures of any authorized signatory, so it looses it evidentiary value. Even otherwise, the OPs, we feel, had no right to demand the due installments from the Complainant, when there is no development on the project site.  

10.      As held in Para 6 (supra), the Complainant is not entitled for the amount of Rs.4,50,000/-. As such, the prayer with regard to it, made in Para 11 of the complaint, is declined.

11.      As a result of the above discussion, the complaint is allowed and the OPs are directed to pay interest @12% p.a. over amount of Rs.28,44,552/-, deposited by the Complainant with the OPs, till the date of handing over the possession of the Plot in question. The OPs shall also pay Rs.25,000/- as compensation for causing mental and physical harassment to the Complainant & adopting unfair trade practice, along with litigation costs assessed at Rs.10,000/-.

12.      Certified copies of this order be sent to the parties free of charge. The file be consigned.