Chandigarh

DF-I

CC/165/2015

Sumit Singla - Complainant(s)

Versus

Managing Director, Unitech Limited. - Opp.Party(s)

Satinder Pal Dhikkar

09 Jun 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/165/2015
Date  of  Institution	:	16/03/2015
Date   of   Decision	:	09/06/2015

 

 

 

 

 

[1]  Sumit Singla S/o Sh. Ramesh Singla;

 

[2]  Smt. Meha Singla W/o Sh. Sumit Singla;

 

Both r/o H.No.633, Sector 40-A, Chandigarh.

……Complainants

Vs.

 

[1]  Managing Director, Unitech Limited, SCO 189-90-91, Sector 17-C, Chandigarh.

 

     Registered Office:-

 

     6, Community Centre, Saket, New Delhi 110017.

 

[2]  Managing Director, Alice Developers Pvt. Limited, Regd. Office: Basement 6, Community Centre, Saket, New Delhi – 110017.

 

 …… Opposite Parties

 

 

BEFORE:   SH. P.L. AHUJA                PRESIDENT

          MRS. SURJEET KAUR            MEMBER

          SH. SURESH KUMAR SARDANA     MEMBER

 

 

For Complainants	:	Satinder Pal Dhikkar, Advocate
For OPs	:	Ex-parte.

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

 

          In brief, dreamt of having a house in the surroundings of Chandigarh, Complainants booked a residential Flat in Multistory Group Housing Complex known as ‘Gardens’ (Sector 97), Uniworld City, Mohali, and was allotted Flat No.303, Block C-2, 3^rd Floor in the aforesaid complex by the Opposite Parties (Annexure C-1 & C-2). A Buyer’s Agreement was also executed between the parties on 25.11.2011 (Annex.C-3). As per the said Agreement, the possession of the flat was to be delivered within 36 months from 25.11.2011. The Complainants had paid Rs.12,51,298/- to the Opposite Party, till date, in accordance with the schedule of payments. It has been alleged that when after 36 months, no possession was handed over to the Complainants, they approached and contacted the senior functionaries of the Opposite Parties, for knowing the status, but no satisfactory reply was given to them. The Complainants, on visiting the site, shockingly found that no construction was going on there. Eventually, the Complainant got served a legal notice dated 08.11.2014 upon the Opposite Parties, which did not yield the desired results. When all the frantic efforts made by the Complainants, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Parties tantamount to deficiency in service and unfair trade practice, the Complainants have filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs.

 

2.     Notice of the complaint was sent to Opposite Parties, seeking their version of the case. However, nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte on 07.05.2015.

 

3.     Complainants led evidence.

 

4.     We have heard the learned Counsel for the Complainants and have also perused the record, along with the written arguments filed on their behalf.   

 

5.     In the present circumstances, the averments of the complaint have gone unrebutted in the absence of the Opposite Parties who were duly served and preferred neither to appear in person, nor through their Counsel. It is established beyond all reasonable doubts that the complaint of the Complainants is genuine. The act of the Opposite Parties in not delivering the physical possession of the flat, to the Complainants, within 36 months from the signing of the Buyer’s Agreement dated 25.11.2011 (as per Cl.4.a(i) of the Agreement), despite receiving huge amount of Rs.12,51,298/- from them, to our mind, amounts to grave deficiency in service and indulgence in unfair trade practice. The Opposite Parties in the present case “want to have the cake and eat it too”, as evidently they had received a huge amount of the flat and are enjoying the possession of the flat as well as the entire amount of consideration paid by the Complainants. On the other hand, the Complainants after having paid Rs.12,51,298/- of the flat, are still empty handed. The harassment suffered by the Complainants on this account, is also writ large. Thus, finding a definite deficiency in service on the part of the Opposite Parties, we have no other alternative, but to allow the present complaint against the Opposite Parties.

 

6.     In the light of above observations, the present complaint succeeds against the Opposite Parties. The same is allowed. We direct the Opposite Parties, jointly and severally, to:-        

1. To refund Rs.12,51,298/- to the Complainants, along with interest @12% per annum from the respective dates of deposit, till realization.
2. To pay Rs.50,000/- as compensation for mental agony & harassment suffered by the complainants;
3. To pay Rs.10,000/- as costs of litigation.

 

 

7.     This order shall be complied with by the Opposite Parties within one month from the date of receipt of its certified copy; thereafter, the Opposite Parties shall pay the amount at Sr. No.(ii) above with interest @ 12% per annum from the date of filing of the complaint till realization, besides complying with directions at Sr. No.(i) and (iii) above.

 

8.     The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

09^th June, 2015                                            Sd/-

(P.L. AHUJA)

PRESIDENT

Sd/-

(SURJEET KAUR)

MEMBER

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER