Chandigarh

DF-II

CC/768/2022

ASHWANI KUMAR - Complainant(s)

Versus

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

25 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	768/2022
Date of Institution	:	11.11.2022
Date of Decision	:	25.07.2024.

 

                                       

                       

 

Ashwani Kumar s/o late Sh.Nafe Singh s/o late Sh.Bhag Chand r/o H.No.50-A, Near Chopal, Village Moth, Tehsil Narnaund, District Hissar, Haryana-125039.

                                ...  Complainant.

Versus

1.     M/s Emerging India Housing Corporation (P) Ltd., through its Managing Director Sh.Gurpreet Singh Sidhu Present Address:-  Emerging Heights-III, Sector 115, Kharar Landran Road, Mohali, Punjab-140501.

2.     Mr.Amneet Singh s/o Sh.Gurminder Singh s/o Sh.Gurbachan Singh C/o Emerging Heights-III, Sector 115, Kharar Landran Road, Mohali, Punjab-140501.

…. Opposite Parties

BEFORE:
		SHRI AMRINDER SINGH SIDHU,	PRESIDENT
		SHRI B.M.SHARMA	MEMBER
PRESENT:-
	Sh.Rajesh Verma, Counsel of complainant OPs exparte.

 

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

1.         The complainant has filed the complaint alleging therein that OP No.1 launched the project known as Emerging Heights-III located at Sector 115, Mohali. He purchased 3BHK Residential Flat No.F-601 (Block A) measuring 1605 sq. ft. from Sh.Pankaj Lawat who purchased the said flat from OP No.1 for basic sale price of Rs.39.00 lakhs. OP No.1 also acknowledged the receipt of Rs.39.00 lakhs in the final allotment letter(Annexure C-1). Sh.Pankaj Lawat also suffered a statement dated 30.09.2019 for transfer of the said flat in the name of the complainant. OP No.1 has failed to register the sale deed in favour of the complainant of the aforesaid flat despite repeated requests and made lame excuses. Finally OP No.1 offered Showroom No.10, Lower Ground Floor, in the project named as Adab City, Sante Majra, Tehsil Kharar, Mohali being floated by OP No.1 in collaboration with OP No.2 in lieu of the aforesaid flat.  Left with no other alternative, the complainant accepted the offer of the OPs and OP No.2 registered the sale deed dated 05.12.2019 in favour of the complainant.  However, the OPs have failed to deliver the actual physical possession of the said showroom and kept delaying the matter on one pretext or other.  It has further been averred that OP No.1 had sold the flat without having any permissions/approvals and license from the concerned department.  The OPs have alleged to have violated the rules of PAPRA, 1995. The OPs have failed to deliver the possession of the showroom in question to the complainant despite his repeated requests till date.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the complaint seeking directions to the OPs to hand over the possession of Showroom No.10, Lower Ground Floor, Adab City after obtaining the occupancy certificate and completion certificate along with interest, compensation and litigation costs.
2.         Despite due service, the Opposite Parties failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte.
3.         The complainant filed affidavit and documents in support his case.
4. We have heard the Counsel for the complainant and gone through the documents on record, including written submissions.
5.         In exparte evidence, the complainant has tendered his detailed affidavit in support of the averments made in the complaint. Annexure C-1 is the final allotment letter dated 21.01.2019 in respect of 3BHK Residential Flat No.F-601 (Block A) measuring 1605 sq. ft., Emerging Heights-III, Sector 115, Mohali for basic sale price of Rs.39.00 lakhs in favour of Sh.Pankaj Lawat.  Annexure C-2 is the affidavit executed by Sh.Pankaj Lawat regarding transfer of the aforesaid flat in favour of the complainant. Annexure C-3 is the copy of the sale deed dated 05.12.2019 placed on record by the complainant himself executed in his favour by the OP No.2-Amneet Singh in the office of the Sub Registrar, Kharar. The complainant has specifically deposed in the complaint supported with affidavit that the legal possession of the Showroom No.10, Lower Ground Floor, Adab City, Sante Majra, Tehsil Kharar, Mohali has not been delivered to him by the OPs. Moreover, the OPs did not appear to contest the case of the complainant and preferred to be proceeded against ex-parte. This act of the OPs draws an adverse inference that they have nothing to contradict in defence against the allegations made in the complaint. Therefore, the assertions of the complainant made in the complaint have remained un-rebutted & un-controverted.
6.         For the reasons recorded above, the present complaint is partly allowed qua the OPs. The OPs are directed to deliver the actual physical and legal possession of the Showroom No.10, Lower Ground Floor, Adab City, Sante Majra, Tehsil Kharar, Mohali to the complainant besides Rs.25,000/- as compensation for mental agony and physical harassment as well as litigation expenses.
7. This order be complied with by the OPs, within 90 days from the date of receipt of its certified copy.
8.         The pending application(s) if any, stands disposed of accordingly.
9.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

		Sd/-
Announced		[AMRINDER SINGH SIDHU]
25.07.2024		PRESIDENT

Sd/-

(B.M.SHARMA)

MEMBER