Chandigarh

DF-II

CC/586/2021

Pati Ram - Complainant(s)

Versus

Emerging Valley Pvt. Ltd. - Opp.Party(s)

Adv. D.S. Nirban

01 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	586/2021
Date of Institution	:	03.09.2021
Date of Decision	:	01.04.2024

 

                                 

                    

 

1.    Pati Ram s/o Sh.Ram Dayal, Ward No.3, Nasib Vihar Colony, Gharaunda, District Karnal, Haryana.

2.    Kanti Parshad s/o Sh.Babu Lal, H.No.126, Ward No.17, Near Baba Lal Ji Temple, Vig Colony, Gharaunda, District Karnal, Haryana.

                           ...  Complainants.

Versus

1.     Emerging Velley Pvt. Ltd., SCO No.46-47, First Floor, Sector 9-D, Near Matka Chauk through its Managing Director Sh. Gurpreet Singh Sidhu presently lodged in Burail Jail, Sector 51, Chandigarh through the Superintendent Model Jail, Sector 51, Chandigarh.

2.    Emerging Velley Pvt. Ltd., SCO No.46-47, First Floor, Sector 9-D, Near Matka Chauk through Harvinder Singh Behl Additional Director presently lodged in Burail Jail, Sector 51, Chandigarh through the Superintendent Model Jail, Sector 51, Chandigarh.

3.    Emerging Velley Pvt. Ltd., SCO No.46-47, First Floor, Sector 9-D, Near Matka Chauk through Sushil Kumar Additional Director presently lodged in Burail Jail, Sector 51, Chandigarh through the Superintendent Model Jail, Sector 51, Chandigarh.

…. Opposite Parties

 

 

BEFORE:
		SHRI AMRINDER SINGH SIDHU,	PRESIDENT
		SHRI S.K.SARDANA	MEMBER
Present:-
	Proxy Counsel Sh.D.S.Nirban, Counsel for complainants OPs exparte.

 

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

1.        The complainants have filed the present complaint pleading therein that they purchased  2BHK residential, GF House in the project of the OPs known as Premium Trinity Homes, located at Emerging Valley  (P) Ltd., Landran Banur Road, Mohali vide application No.TRP-1365 for total sale consideration of Rs.22.95 lakhs.  Later on, the house was transferred from Premium Trinity Homes Application No.TRP-1365 to Trinity Homes bearing Application No.TRI-01, Second Floor-03 vide final allotment letter dated 04.12.2017 (Annexure C-2). The complainants paid Rs.14.90 lakhs to the OPs i.e. 75% of the total sale consideration against receipts (Annexure C-3 Colly.).  The possession of the plot was assured to be delivered within 36 months from the date of booking of the flat i.e. 16.04.2013, which has not been delivered to the complainants on one or the other ground.  It has further been stated that the OPs have executed the sale deed No.5851 dated 13.12.2017 in favour of the complainants.  The complainants have paid the stamp duty of Rs.22,200/- on the sale consideration of Rs.3.70 lakhs in addition to the amount of Rs.14.90 lakhs paid to the OPs.  It has further been averred that the OPs had sold the unit without having any permissions/approvals and license from the concerned department.  The complainants have further stated that the OPs have neither delivered the possession of the unit nor refunded the deposited amounts with interest. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainants have filed this complaint seeking directions to the OPs to refund Rs.18,60,000/- along with interest, compensation and litigation costs.
2. Despite due service, the OPs failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 27.09.2022.
3. We have heard the Proxy Counsel for the complainants and gone through the documents on record.
4. In the exparte evidence, the complainants have placed on record the copy of the final allotment letter dated 04.12.2017 as Annexure C-2 from which it is observed that  the complainants were allotted the residential floor 2BK second floor measuring 85 sq. yards in ongoing project of the OPs known as Trinity Homes, located at Emerging Valley  (P) Ltd., Landran Banur Road, Mohali.  It is also observed from Annexure C-5 i.e. payment confirmation letter that the OPs have acknowledged the receipt of Rs.13,20,000/- only and not Rs.18.60 lakhs as claimed in the complaint. Annexure C-6 is the copy of the sale deed No.5851 dated 13.12.2017 executed in favour of the complainants by the OPs qua the unit in question. The complainants have specifically stated that the plot(s) were sold by the OPs without obtaining any license(s)/approval(s) from the competent authorities/GMADA and they have not taken the permissions from the concerned authorities for selling the units/floors.  Further, the OPs have failed to deliver the possession of the unit in question complete in all respects to the complainants so far.

              The Hon’ble National Commission, New Delhi in First Appeals bearing No.557 and 683 of 2003 titled as “Kamal Sood Vs. DLF Universal Ltd.” decided on 20.04.2007 has observed as under:-

   “It would be unfair trade practice, if the builder, without any planning and without obtaining any effective permission to construct building/ apartments, invites offers and collects money from the buyers. If the construction of the building/apartment is delayed, because of such delay, and the possession of the apartment is not delivered within the stipulated time, the builder would be liable to bear the escalation cost and not the buyer/consumer”.

5. The Hon’ble Supreme Court of India in Civil Appeal No.3533-3534 of 2017 – Fortune Infrastruture vs. Trevor’D Lima, decided on 12.3.2018 has observed that a person cannot be made to wait indefinitely for the possession of the flats allotted to them and they are entitled to seek the refund of the amount paid by them, along with compensation.
6. The OPs did not appear to contest the case of the complainants 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 complainants made in the complaint have gone un-rebutted & un-controverted.
7. Keeping in view the facts and circumstances of the case, we are of the considered view that the complainants cannot be made to wait for an indefinite period and the OPs who are not in a position to develop the project have no right to retain the hard earned money of the complainants. The OPs are, thus, proved deficient in rendering the services to the complainants.
8.        For the reasons recorded above, the present complaint is partly allowed qua the OPs. They are directed to refund a sum of Rs.13,20,000/- to the complainants along with interest @ 10% p.a. from respective dates of its deposit till the date of its actual realization, subject to the condition that after receipt of the above awarded amount, the complainants shall be legally bound to execute registered Sale Deed in respect of the plot in question in favour of the OPs-Company on account of receiving sale consideration from it.
9. This order be complied with by the OPs, within 90 days from the date of receipt of its certified copy.
10.        The pending application(s) if any, stands disposed of accordingly.
11.        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]
01.04.2024		PRESIDENT

 

Sd/-

(S.K.SARDANA)

MEMBER