BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI
Consumer Complaint No.654 of 2014
Date of institution: 11.11.2014
Date of Decision: 09.06.2015
Manoj Kumar son of Arjun Singh resident of Flat No.2236, BSNL Telehos Society, Sector 50, Chandigarh. Work office at SCO No.655, IInd Floor, Sector 70, SAS Nagar (Mohali).
……..Complainant
Versus
1. General Manager, Emaar MGF, Mohali Hills, Sector 105, Landran Banur Road, Opp. Reliance Petrol Pump, Mohali.
2. General Manager, Emaar MGF, SCO 120-122, 1st Floor, Sector 17-C, Chandigarh.
3. The Managing Director of Emaar MGF Land, Emaar MGF Regd. Office at ECE House, 28, Kasturba Gandhi Marg, New Delhi.
………. Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Shri Amrinder Singh, Member.
Mrs. R.K. Aulakh, Member.
Present: Complainant in person with cl. Sh. Maninder Singh Gill.
Shri Ashim Aggarwal, counsel for the OPs.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 for issuance of following directions to the Opposite Parties (for short ‘the OPs’):
(a) to waive of Rs.1,30,587/- for delayed payment charges; Rs.97,328/- as enhanced EDC charges; Rs.40,000/- as interest free maintenance security; Rs.27,010/- electricity connection charges; enhanced EDC charges Rs.97,328/-; electrification charges Rs.19,000/-; monthly maintenance Rs.14,607/- and water and sewerage charges of Rs.6180/-.
(b) to pay him Rs.30,000/- on account of mental agony, pain and unnecessary harassment.
(c) to pay Rs.10,000/- as litigation expenses.
The complainant’s case is that got plot No.144 situated at Augusta Greens, Sector 109, SAS Nagar, Mohali from its original allottee Satvir Singh and no objection certificate dated 19.05.2008 Ex.C-1 was issued by the OPs. The plot was originally allotted @ Rs.11,500/- per sq. yard plus preferential location charges of Rs.5,75,000/- making total consideration as Rs.51,75,000/- vide allotment letter dated 09.05.2007 Ex.C-2. Statement Ex.C-3 shows the payments made by the complainant and as per this statement nothing is due towards the complainant. The possession of the plot was to be handed over within 18 months after development of the amenities in the surrounding areas. The complainant requested the OPs time and again to hand over the possession but the Ops failed to fulfill their obligation. Rather the OPs vide letter dated 08.05.2014 Ex.C-4 demanded from the complainant Rs.11,67,071.68 on account of various heads, out of which the complainant has already paid Rs.60,787/-. The demand of the OPs for Rs.2,04,125/- for various heads is unjustified. The demand of Rs.1,30,587.08 for delayed payment charges is not justified as no payment has been delayed. The demand of enhanced ED charges is also illegal and the GMADA has reduced the EDC charges by 50%. The demand of Rs.1,12,360/- for club membership charges is illegal as there is no club in existence. The demand of Rs.6,48,000/- and registration charges of Rs.72,000/- would be paid at the time of handing over the possession of the plot. Thus, alleging deficiency in service on the part of OPs the complainant has filed the present complaint.
2. The OPs in the joint written statement have pleaded in the preliminary objections that there is no General Manager, Emaarg MGF. The complainant has entered into agreement with Emaar MGF Land Ltd. who has not been made a party. The complainant is not a consumer as he himself as admitted in Customer Survey dated 20.07.2012 Ex.OP-2 that he is an investor and had bought the present plot for appreciation purposes only. The complainant has not taken over the possession since 2009. The complainant is a defaulter as he has failed to take over the possession or make all payments as demanded vide settlement of final dues letter dated 08.05.2014. On merits, it is pleaded that the unit was purchased by the complainant from secondary market and was transferred on the name of the complainant vide letter dated 23.05.2008. The details terms and conditions were set out in the agreement dated 04.07.2007 which was endorsed in favour of the complainant on 22.05.2008. The total consideration of the plot as per agreement was Rs.54,00,472/-. The complainant has not paid the amount of Rs.8,91,477/- as demanded vide letter dated 08.05.2014. The possession was duly offered to the complainant vide letter dated 28.12.2009 followed by reminder dated 16.12.2011. However, the complainant has not taken over the possession till date. The charges demanded vide letter dated 08.05.2014 are mandatory and payable by all the allottees. The complainant has not take the possession to avoid his obligations to construct on the said plot in terms of clause 14 of the agreement. It is denied that the GMADA has reduced EDC charges by 50%. Rather the State Govt. revised EDC from time to time vide notifications dated 12.07.2006, 17.08.2007, 19.09.2007, 11.01.2008, 22.06.2010 and lastly on 06.05.2013. The complainant was informed that the club membership is optional and can be excluded from the total amount payable subject to submission of indemnity by the complainant that he is not interested in the membership. The complainant has already made payment towards enhanced EDC, Electrification charges, electricity connection charges, interest free maintenance security, monthly maintenance charges in terms of letter dated 08.05.2014 without any protest whereas payments towards delayed payment charges, club charges, registration charges and stamp duty charges are still outstanding. Thus, denying any deficiency in service on their part, the OPs have sought dismissal of the complaint.
3. Evidence of the complainant consists of his affidavits Ex.CW-1/1 and Ex.CW-1/2; copies of documents Ex.C-1 to C-6.
4. Evidence of the OPs consists of affidavit of Sachin Kapoor, their authorized representative Ex.OP-1/1 and document Ex.OP-1 to Ex.OP-9.
5. We have heard the learned counsel for the parties and gone through the written arguments filed by them.
6. Admittedly against the agreed sale consideration of Rs.51,75,000/- the complainant has paid the full amount and the same is admitted by the OPs. The said sale consideration has been paid by the complainant for purchase of plot No.144 situated as Augusta Greens, Sector 109, SAS Nagar Mohali. As per Clause 8 of terms of agreement Ex.OP-4 the OPs were to offer possession of the plot within two years from the date of agreement and in case of failure on the part of the Ops to deliver the same within a maximum period of three years from the date of agreement, then the OPs are liable to pay a penalty of Rs.50/- per sq. yard per month for such period of delay beyond three years from the date of execution of agreement Ex.OP-4 dated 04.07.2007. Thus, in the normal course the period of two years was to expire on 04.07.2009 with an extension of another one year i.e. upto 04.07.2010 and thereafter the penalty clause will come into force. Admittedly, the OPs have issued offer of possession vide letter dated 28.12.2009 Ex.OP-5 vide which the OPs also demanded certain amounts under various heads and desired the complainant to take the possession after making the payments mentioned in said letter i.e. on account of interest on delayed payment and EDC charges. The complainant has not paid the said amounts and not taken over the possession followed by various reminders. The OPs vide letter dated 08.05.2014 Ex.C-4 issued fresh demand notice of Rs.11,67,071.68. The complainant has challenged the said demand notice dated 08.05.2014 before this Forum alleging deficiency in service on the part of the OPs as demand of payment against various heads are not justifiably levied against him.
7. The disputed issue is regarding payment of outstanding charges and taking over the possession of the property against the offer of possession letter dated 28.12.2009. As per latest demand notice dated 08.05.2014 Ex.C-4, the following amounts have been demanded from the complainant:
(a) Delayed payment charges Rs. 1,30,587.08
(b) Electricity connection charges Rs. 27,010.00
(c) Enhanced EDC Rs. 97,328.00
(d) Registration charges Rs. 72,000.00
(e) Electrification charges Rs. 19,000.00
(f) Club Membership charges Rs. 1,12,360.00
(g) Stamp Duty charges Rs. 6,48,000.00
(h) Interest free maintenance security Rs. 40,000.00
(i) Monthly maintenance charges Rs. 14,607.00
(01.06.2014 to 31.03.2015)
(j) Water and sewerage charges Rs. 6,180.00
(01.06.2014 to 31.03.2015)
Total: Rs.11,67,072.00
8. As per Para No.5 of the written statement, the OPs have admitted that out of the above demanded amounts, the complainant has made payments toward enhanced EDC, electrification charges, electricity connection charges, interest free maintenance security, monthly maintenance charges and water charges without protest.
9. Therefore, now the controversy has been narrowed down only on account of four heads i.e. delayed payment charges, club charges, registration charges and stamp duty charges. As per the complainant the said amounts are not chargeable from him. We have perused the statement of accounts Ex.OP-8 showing the headwise amounts received from the complainant and delayed payment charges calculated thereon. We do not find anything wrong regarding demand of interest on delayed payment which the complainant is bound to pay as per terms of agreement. Terms and conditions of the duly executed agreement are sacrosanct and binding upon the parties.
10. So far as demand of club membership charges (Rs.1,12,360/-), Registration charges (Rs.64,000/-) and stamp duty charges (Rs.5,76,000/-), the Ops have taken categoric stand in para No.5 of the reply that club membership is optional and the complainant can exercise this option after taking over the possession of the property in question. So far as registration and stamp duty charges are concerned, the demand of the same before even handing over the possession of the property in question to the complainant is an act of unfair trade practice on the part of the OPs because it is a settled preposition that stamp duty and registration charges are to be paid at the time of execution of the sale deed and not at the time of offer of possession or delivery of possession. Since these are the statutory payments the complainant is bound to pay but the timing of demand of such amount is definitely is an act of unfair trade practice. The Ops cannot demand such amounts in advance from the complainant. Thus, the untimely demand of stamp duty and registration charges and club charges being optional, cannot be demanded by matter of right by the OPs and the complainant is not bound to pay the same.
11. Thus, due to the acts of omission and commission on the part of the Ops, the complaint deserves to be allowed and the complainant deserves to be compensated.
12. In view of above discussion the complaint is allowed with the following directions to the OPs:
(a) not to charge from the complainant registration charges, stamp duty charges and club membership charges as mentioned in statement of account dated 03.02.2015 Ex.OP-8.
(b) to charge only Rs.1,30,587/- (Rs. One lac thirty thousand five hundred eighty seven only) as delayed payment charges.
(c) to pay a lum sum compensation of Rs.20,000/- (Rs. Twenty thousand only) for mental agony, harassment and costs of litigation.
Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
June 09, 2015.
(Mrs. Madhu P. Singh)
President
(Amrinder Singh)
Member
(Mrs. R.K. Aulakh)
Member
