DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.187 of 2015
Date of institution: 24.04.2015 Date of decision : 11.05.2017
Ankur Bansal son of Krishan Chand Bansal resident of House No.187, Ward No.4, Mansa District Mansa now Ward No.14, Shamshan Ghat Road, Near Kali Mata Mandir, Opp. Resident of Advocate Smt. Manjit Kaur Mansa.
……..Complainant
Versus
Emerging Valley Private Limited, SCO No.46-47, 1st Floor, Sector 9-D, Near Mattka Chowk, Madhya Marg, Chandigarh through its Managing Director.
………. Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President
Shri Amrinder Singh Sidhu, Member
Mrs. Natasha Chopra, Member.
Present: Shri Harish Goyal, counsel for the complainant.
None for the OP
ORDER
By Ajit Pal Singh Rajput, President
Complainant Ankur Bansal has filed this complaint against the Opposite Party (hereinafter referred to as the OP) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. The complainant had booked 1 BHK Flat with the OP in its project at Landran Banur Road, Mohali. Vide letter dated 07.11.2012 the OP informed the complainant that in the draw held on 26.09.2012 the OP had allotted a flat of 1 BHK at a basic sale price of Rs.17.00 lakhs and in the draw the complainant had won an Innova Car @ Rs.10.00 lakhs and the amount of the car was treated as discount to the complainant against the basic sale price of Rs.17.00 lakhs. As such the complainant was to pay only an amount of Rs.7.00 lakhs against the sale price of Rs.17.00 lakhs. The complainant deposited with the OP an amount of Rs.4,25,000/- vide receipt dated 15.10.2012. Receipt of this payment was also confirmed by the OP vide letter dated 07.11.2012. As such the complainant had paid a total amount of Rs.14,25,000/- to the OP as on 15.10.2012 against the total amount of Rs.17.00 lakhs and only an amount of Rs.2,75,000/- was outstanding against the complainant. The OP assured the complainant that the remaining amount of Rs.2,75,000/- would be received at the time of handing over the physical possession of the flat. The OP assured that possession of the flat, complete in all respects, would be handed over within one year. Thereafter the complainant visited the OP number of times and asked the OP to handover the possession and accept the balance payment but the OP put off the matter on one pretext or the other. The complainant vide e-mail dated 25.08.2014 asked the OP to issue allotment letter and the OP on 26.08.2014 issued the provisional allotment letter to the complainant. Thereafter the complainant had been visiting the OP to accept the balance amount and deliver him possession of the flat but the OP always put off the matter. The complainant got issued a legal notice dated 13.10.2014 but the OP has not given any reply to the same. The complainant had earlier filed a complaint at District Consumer Forum, Mansa which was dismissed as withdrawn vide order dated 13.03.2015 with liberty to file the same at the appropriate Forum/Court since the Mansa Forum does not have the territorial jurisdiction to decide the same. Hence this complaint for giving directions to the OP handover the possession of the flat, complete in all respects, to the complainant and accept the balance payment; to pay him Rs.50,000/- as damages for delay in possession of the flat; to pay interest @ 18% per annum on the delayed handing over the possession till handing over the possession; to pay him Rs.50,000/- towards mental torture, harassment and agony etc and to pay him Rs.22,000/- as costs of litigation.
3. The complaint has been contested by the OP by filing reply in which it has been pleaded that the OP never assured that the possession would be delivered in a year. The complainant himself has failed to comply with terms and conditions and intentionally did not make the balance payment of Rs.2,75,000/-. This Forum does not have the jurisdiction as the deal was done at the Chandigarh office of the OP and the amount of Rs.4,25,000/- was also deposited with the OP office at Chandigarh. On merits, it is pleaded that the complainant can enjoy the facility of discount only if he deposits the balance amount of Rs.2,75,000/- which is still pending. The OP never assured the complainant that this amount would be received at the time of handing over the possession. The complainant never offered and tried to deposit the remaining amount of Rs.2,75,000/-. The OP had never refused to deliver the possession to the complainant. Thus, denying any deficiency in service on its part, the OP has sought dismissal of the complaint.
4. In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1; copies of booking letter dated 07.11.2012 Ex.C-1; cheque receipt dated 15.10.2012 Ex.C-2; provisional allotment letter dated 26.08.2014 Ex.C-3; e-mail Ex.C-4; legal notice Ex.C-5 and postal receipt dated 13.10.2014 Ex.C-6. In rebuttal, the OP tendered in evidence affidavit of Sushil Kumar its authorised signatory Ex.OP-1/1 and on failure of the OP to conclude its evidence despite availing ample opportunities, the evidence of the OP was closed by order on 08.02.2017.
5. It has been argued by learned counsel for the complainant the OP has failed to deliver the possession of the flat to the complainant within the stipulated period. He has further argued that the offer of possession made by the OP during the proceedings of the complaint is without any basis. Although the construction work is going on, that too on snail’s pace. The complainant is ready to make payment of balance amount.
6. We have gone through the pleadings, evidence and written arguments of the complainant and heard the oral submissions, addressed by the learned counsel for the complainant. During pendency of the complaint, on 30.03.2016 counsel for the OP stated that the OP had already issued offer of possession letter and the same has been sent by registered post on the last recorded address of the complainant and a photocopy of the offer of possession was placed on the record. However, the complainant submitted objections to the offer of possession that there is no development at the site. Although some construction work was going but that was on snail’s place. In support of this, the complainant has produced photographs of the site which were taken on 21.04.2016. The plea of the OP that the complainant did not make the balance payment and due to this the offer of possession could not be made is falsified from the photographs which the complainant has produced in this Forum on 22.04.2016. However, the complainant stated in the objections that he is still ready to take the possession and make the balance payment.
7. Accordingly, in view of our aforesaid discussion, we direct the OP to hand over the actual and physical possession of Flat No.EV/EII4/1BHK/030 complete in all respects, allotted to the complainant vide provisional allotment letter dated 26.08.2014 Ex.C-3, within a period of 30 days from the date of receipt of certified copy of this order after receiving balance payment of Rs.2,75,000/- from the complainant. The OPs should also pay to the complainant interest @ 12% per annum on the deposited amount of Rs.4,25,000/- w.e.f. 26.08.2015 (the date when the period of one year from the date of provisional allotment letter dated 26.08.2014 expires) till the date of handing over of actual and physical possession of the flat to the complainant. The OP should also pay to the complainant a sum of Rs.25,000/- (Rs. Twenty Five thousand only) for mental agony and harassment and Rs.10,000/- (Rs. Ten thousand only) towards costs of litigation. The complaint stands allowed accordingly.
The arguments on the complaint were heard on 03.05.2017 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 11.05.2017
(A.P.S.Rajput)
President
(Amrinder Singh Sidhu)
Member
(Mrs. Natasha Chopra)
Member
