Chandigarh

DF-II

CC/606/2022

JAGJIT SINGH - Complainant(s)

Versus

EMERGING INDIA HOUSING CORPORATION LTD - Opp.Party(s)

SAVINDER SINGH GILL

12 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	606 OF 2022
Date  of  Institution	:	13.08.2022
Date   of   Decision	:	12.09.2023

 

 

 

 

Jagjit Singh s/o Sh.Bhura singh, R/o H.no.322, Village Rai Ke Kala, Bathianda, Punjab

             …..Complainant

Versus

1]  M/s Emerging India Housing Corporation (P) Ltd., having its site office at Emerging Heights, Sector 115, S.A.S.Nagar, Mohali, Punjab through its Directors Sh.Gurpreet Singh Sidhu, Sh.Sushil Kumar and Additional Director Sh.Kamaljit Singh

2]  Sh.Gurpreet Singh Sidhu, Director of M/s Emerging India Housing Corporation (P) Ltd., Office at Emerging Heights, Sector 115, S.A.S.Nagar, Mohali, Punjab

3]  Sh.Sushil Kumar, Director of M/s Emerging India Housing Corporation (P) Ltd., having its site office at Emerging Heights, Sector 115, S.A.S.Nagar, Mohali, Punjab

4]  Sh.Kamaljit Singh, Additional Director of M/s Emerging India Housing Corporation (P) Ltd., having its site office at Emerging Heights, Sector 115, S.A.S.Nagar, Mohali, Punjab

    ….. Opposite Parties 

 

BEFORE:  MR.AMRINDER SINGH SIDHU, PRESIDENT

         MR.S.K.SARDANA,          MEMBER

   

Present:-  Sh.Saving Singh Gill, Counsel for the complainant

           OPs No.1 to 4 exparte.

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A (Eng.),LLM, PRESIDENT

 

         The complainant has filed the present complaint pleading that in the year 2016 he was allotted residential Flat No.D-402 by the OPs in their project under the name & style of ‘Emerging Heights-III, Sector 115, SAS Nagar Mohali and the total cost of said flat was Rs.45,72,000/-.  It is stated that the OPs failed to deliver the possession of said flat within the promised period of two years or upto three years in case of reasonable extension since the year 2016 despite receipt of entire amount.  It is also stated that the complainant kept on visiting the OPs to know the status of the development of the project whereupon the OPs expressed their inability to deliver the possession of the said flat and instead illegally handed over the possession of incomplete apartment/Flat No.E-402 to the complainant by way of conveyance deed dated 13.6.2018 that too without obtaining the completion & occupation certificate.  It is also submitted that the OPs did not pay any compensation to the complainant for the period of delay in handing over the possession of the flat. It is pleaded that despite the complainant being handed over possession of the said apartment, the OPs do not have the requisite occupation and completion certificate for the said project nor there was basic facilities like water, electricity, Sewerage Treatment Plant etc. at the project site. Therefore, the present complaint has been preferred seeking refund of the entire amount, compensation and litigation cost etc. 

 

2]       After the service of notice, the OPs did not come present to file their written version and preferred them to be proceeded against exparte vide order dated 2.12.2022 and 21.2.2023 respectively.  

         However, at later stage, the OP No.4 has filed a miscellaneous application dated 29.3.2023 through Sh.Inderjit Singh, Advocate for placing on record the power of attorney and reviewing the order dated 21.2.2023 whereby OP No.4 was proceeded parte.  This application was disallowed holding that it has been filed in order to delay the matter instead of filing the revision petition before an appropriate authority.

 

3]       Complainants led evidence in support of his contentions.

4]       We have heard the ld.Counsel for the complainant and perused entire documents on record.

5]       During the course of arguments, the Counsel for the complainant, vide separate statement, has stated that as the possession of the apartment has already been taken over, so he restricted his prayer only for the compensation and interest for the delay in handing over the possession.

6]      Though OPs failed to appear before this Commission to file their written version despite service of notice of the complaint on them yet it is settled principle of law that the complainant has to stand on its own legs.

 

7]       It is clear that the ld.Counsel for the complainant vide separate statement stated that the possession of the apartment has already been taken over.  So, he restricted his prayer only for compensation and interest for the delay in handing over the possession.

 

8]       Now the main issue involved in the present complaint is whether the complainant is entitled to compensation for delay in providing the possession to the complainant or not?

 

9]       In order to find out answer to this question, it is observed that the following facts and figures have to be taken into consideration:-

 

1. The complainant has himself pleaded in his complaint that in the year 2016 he was allotted residential Flat No.D-402 by the OPs in their project under the name and style of  ‘Emerging Heights-III’, Sector 115, SAS Nagar (Mohali) and the total cost of flat was Rs.45,72,000/-.  The complainant alleged that the OPs failed to deliver the possession of the said flat within the prescribed period of two years or upto three years in case of reasonable extension since the year 2016.  So, the complainant stand is that legal possession of flat has to be delivered by May, 2019. 

 

2.  The complainant further alleged that the OPs using their dominant position handed over the incomplete and illegal possession of the apartment No.E-402 to the complainant by way of Conveyance Deed in favour of the complainant without any compensation for delay in handing over the possession of the said flat.

 

10]      From the perusal of the record, it is observed that on 13.06.2018 a Conveyance Deed is executed in favour of the complainant.  This ‘Conveyance Deed’ is presumed to be executed by the parties to it by free will and consent in the presence of the Registrar.  The allegation of the complainant that OPs using their dominant position handed over illegal possession to the complainant by way of Conveyance Deed in favour of the complainant without obtaining the Completion Certificate and Occupation Certificate are to be challenged before Civil Court or appropriate authority if the complainant wish to challenge the ‘conveyance deed’ on account of dominant position of OPs or under pressure or coercion.  Moreover, in the ‘Conveyance Deed’, it is clearly mentioned that possession is handed over to the purchaser (complainant) on the spot. The complainant was himself present and signed the conveyance deed.

 

11]      The complainant failed to prove on file any agreement of terms & conditions between the parties.  In the absence of terms & conditions of agreement between the parties, it cannot be determined that there is any deficiency in service on the part of OPs.

 

12]      In nutshell, the complainant failed to prove his complaint by way of placing on record any documentary evidence to the effect that OPs are deficient in service in any manner.   There is no iota of evidence on record filed by the complainant to prove his complaint against OPs. Therefore, the present complaint is dismissed with no order as to costs.  

 

13]      Pending application, if any, stands disposed of accordingly.    

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

12.09.2023                                                               

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(S.K.SARDANA)

MEMBER