Chandigarh

DF-I

CC/754/2021

Brig. Devinder Singh - Complainant(s)

Versus

Manhattan Infra Services Pvt. Ltd. - Opp.Party(s)

Adv. Niharika Goel

12 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/754/2021
Date of Institution	:	28/10/2021
Date of Decision	:	12/8/2024

 

1.   Brig. Devinder Singh s/o Col. Mahbub Singh, r/o H No. 1632, Sector 36- D. Chandigarh, 160036.

2.   Smt. Baljeet Kaur, w/o Brig. Devinder Singh, r/o H No. 1632, Sector 36- D. Chandigarh, 160036

 

…Complainants

Versus

 

1.   Manhattan Infra Services Private Limited, through its Authorised Signatory, having its registered office at Unit No. B-107, 1^st  Floor, Industrial Area Phase-1, Chandigarh  160002.

2.   Sanjeev Kumar, Director, Manhattan Infra Services Private Limited, registered office at Unit No. B-107, 1" Floor, Industrial Area Phase-1, Chandigarh-160002.

3.   Sushma Buildtech Ltd., Through its Authorised Signatory, having its registered office at Unit No. B-107, 1 Floor, Industrial Area Phase-1, Chandigarh-160002.

 … Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR SURESH KUMAR SARDANA	MEMBER MEMBER

                       

ARGUED BY	:	Sh. Sahil Sharma, Advocate for complainants.
	:	Sh. Vishal Singal, Advocate for OP.

Per surjeet kaur, Member

     Briefly stated  the complainants on the allurement of the OPs booked two commercial space in the project of the OPs and  vide allotment letter dated 14.2.2013 commercial unit No.1 at 10^th floor, in Sushma Chandigarh Infinium measuring 668.48 sq. feet for basic sale price of Rs.32,05,362 and vide allotment letter dated 27.2.2013 commercial space unit NO.2 at 10^th floor was allotted to the complainants. Buyer’s Agreements dated 12.3.2013 for Unit No.1 and Buyer’s Agreement dated 6.7.2013 for unit No.2 was executed between the parties.  As per clause 9 of the aforesaid agreement the possession of the units was to be given within 42 months from the date of execution of aforesaid Buyer’s Agreement.  The complainants made all the payments without any delay i.e. Rs.38,97,404/-  in respect of unit No.1 and Rs.26,65,290/- in respect of Unit No.2 towards the total sale consideration  and there is no due pending against the complainants. After delay of 4 years,  the OPs issued offer of possession vide letter dated 3.11.2020   and asked the complainants to pay maintenance charges and electric meter installation charges  and take possession of unit by 3.12.2020 failing which complainant was liable to pay holding charges. Accordingly the complainants believing that their units are ready for possession and to avoid any unnecessary penalty or holding charges, as per the instructions of Sushma Buildtech, paid an amount of Rs 75,725/- and Rs 50,606/- towards annual Maintenance Charges of Unit No. 1 and Unit No. 2 respectively, vide Receipts dated 24.11.2020 to Manhattan Infra Services Private Limited (Maintenance Agency appointed by Sushma Buildtech). The complainants also paid an amount of Rs 20,582/- towards Unit No. 1 and paid an amount of Rs 19,394/- towards Unit No. 2 in lieu of installation of electric meter charges which has not been installed till date. Thereafter, when the complainants approached Sushma Buildtech on 03.12.2020 to take over the possession of the aforesaid commercial space unit 1, they were shocked to discover that their unit is nowhere near completion and same is not ready for possession. It is alleged that pursuant to wrongful offer of possession dated 03.11.2020, Sushma Buildtech by taking undue advantage of its dominating position, coerced and constrained the complainants to execute blank Maintenance Agreement with Manhattan Infra Services Pvt. Ltd. on the threats of levying holding charges and not issuing Possession Certificate.  However, the Offer of Possession vide Letter dated 03.11.2020 is void and liable to be set aside being illegal and in violation of existing laws, as Sushma Buildtech cannot offer possession of the aforesaid unit without first obtaining Occupancy Certificate from competent authority, which Sushma Buildtech hasn't obtained till date. The Manhattan Infra Services Private Limited could not execute Maintenance Agreements and charge maintenance unless and until the development and construction of the entire building is complete and the same is ready for the possession. Clause 6.6 of the said maintenance agreement clearly states that on payment of the maintenance charges rights of users as per Clause 4 would accrue, whereas in the instant situation, Manhattan Infra Services Private Limited has illicitly received maintenance charges from the complainant in advance for one year but has failed to provide even a single service as per Clause 4, till date. It is pertinent to mention here that till the time the possession of the aforesaid units was not handed over to the complainants after obtaining Occupancy Certificate, no maintenance charges could be levied upon as no services are provided on account of non-completion of the project and the unit itself. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed.

2. The Opposite Parties  in their reply while admitting the factual matrix of the case stated that the complainants were offered the possession of the COMMERCIAL UNIT-01 and COMMERCIAL UNIT-2 on 03.11.2020 along with possession demands. The complainants were also requested to complete the take-over of possession formalities of the unit on or before 03.12.2020. It is averred that upon payments of amounts due as per the possession demand and on offer of possession on 03.11.2020 including but not limiting to amounts due towards installments by the complainants, towards electricity meter charges and amounts payable towards maintenance charges of the said commercial units, the complainants were obligated to take over possession formalities of the units on or before 03.12.2020 and as per Clause 20 of The Buyer's Agreements were obligated to make the said COMMERCIAL UNIT functional in all respects within 6 months from the offer of possession which the complainants failed to do so causing irreparable financial loss and injury to the opposite party. The Partial Occupation/Completion Certificate as well as the Full Completion/Occupation Certificate of the project Sushma Infinium has already been obtained by the Opposite Party on 15.12.2017 and 25.07.2019. The complainants have further executed maintenance agreements with Opposite Party 1 for maintenance as per the terms and conditions of the Buyer's Agreement and the Maintenance Agreements. Denying any deficiency on their part all other allegations made in the complaint has been  denied being wrong.
3. Rejoinder was filed and averments made in the consumer complaint were reiterated.
4. Contesting parties led evidence by way of affidavits and documents.
5. We have heard the learned counsel for the contesting parties and gone through the record of the case.
6. Through the present case the complainants have prayed for refund of the amount paid towards the maintenance charges  of unit NO.1 and  unit No.2 purchased by them.
7. After going through the documents on record, it is  abundantly clear from Annexure C-2 that Buyer’s Agreement got executed  in respect of Unit No.1 and Unit No.2 on 6.8.2013 and 12.3.20013 respectively.  As per the case of the complainant, he paid a hefty amount  towards the unit as asked by the OPs but till date the project is incomplete and as such they are not liable to pay maintenance charges. The possession given by the OPs is mere paper possession and no physical possession has been given by the OPs. Thus the complainants are seeking refund of the maintenance charges paid.
8.  Annexure RA/1  is letter dated 23.11.2020 sent by complainants to OPs seeking possession of office-02 and office No.1. Annexure RA/2 is the undertaking given by the complainant  No.1 whereby he has promised to pay monthly charges for operation of monthly charges for operation and maintenance services at the rates as decided by the company from the date on which offer of possession is made by the company.
9.  While giving undertaking the complainant  No.1 specifically mentioned that he understands that the developer has been sanctioned one point supply electric connection from PSPCL and undertook  not to initiate/apply for transfer of the meter connection in his name.  On this very note the complainant  No.1  has given his full satisfaction in  respect of layout of the complex, location, roads, ramps, parking, water tank  and tube wells etc. within Sushma Chandigarh Infinium  being already completed  and gave no objection to the OPs.
10. Annexure RA/3 is the affidavit given by the complainant No.1 with mention that  he has inspected the complete plan and the quality of construction carried out, affirmed and confirmed that the same has been built in accordance with commitment and representation made by the OPs and as per Buyer’s Agreement executed between the parties.  
11. Further Annexure RA/4 is the possession letter dated 23.11.2020 which is duly signed by the complainant No.1 and his wife. Annexure RA/5 is the maintenance Agreement which has been duly executed between the Manhattan Infra Services Pvt. Ltd. and complainant duly signed by both the parties, and as such both parties are bound by the terms and conditions of the said agreement. Hence, we are of the opinion that once the possession has been taken by the complainants and executed the aforesaid maintenance agreement after due satisfaction , there is no   question of asking refund of the maintenance charges paid by the complainants. Hence, the complainants have miserably failed to prove their case and complaint has no merit and the same is liable to be dismissed.

 

 

12.  In view of the aforesaid discussion, the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs.
13. Pending application if any stands disposed off.
14. Certified copies of this order be sent to the parties free of charge. The file be consigned

			sd/- [Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur] Member Sd/-
12/8/2024			[Suresh Kumar Sardana]
mp			Member