Chandigarh

DF-I

CC/144/2021

Rajni Bala - Complainant(s)

Versus

M/s Bajwa Developers Ltd - Opp.Party(s)

Rajesh Verma

06 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/144/2021
Date of Institution	:	8.3.2021
Date of Decision	:	6/5/2024

 

Rajni Bala aged 56 years w/o Sh. Amar Chand S/o Sh. Japha Ram R/o House no. 1185, D. A. D Colony, Sector 35 B, Chandigarh.

...Complainant

 

Versus

 

1. M/s Bajwa Developers Limited, through its Managing Director, Sunny Business Centre, Fifth Floor, above Gopal Sweets, Desumajra, Kharar, District S. A. S. Nagar, Mohali. 140301.

2. REALM Infra, through its Managing Director, 1^st  Floor, Sunny Business Centre, above Gopal Sweets, Desumajra Kharar, Punjab 140301.

3. The Executive Officer, Municipal Committee, Kharar. 140301.

...Opposite Parties

 

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

                       

ARGUED BY	:	Gautam Goyal, Advocate for the complainant.
	:	Inderpal Singh Bains, Advocate for OP No.1 9(OP No.1 exparte) OP No.2 exparte.
	:	Sh.Gurvinder Singh Sidhu, Advocate for OP No.3.

Per surjeet kaur, Member

     Briefly stated the complainant booked a residential plot No.3033 with OPs No.1&2  by paying booking amont of Rs.1,00 lakh. It is alleged that the OP No.2 has concealed the fact from the complainant that OP No.1 is its partner in the project.  The complainant has paid an amount of Rs.21,87,200/- towards the sale consideration of the plot in question to the OPs No.1&2 and also executed agreement to sell with the OPs No.1&2. Thereafter the complainant raised construction over the plot in question in view of the building plan approved by the Municipal Committee Kharar.  It is alleged that  due to bad reputation of the Ops No.1&2 the complainant couldnot get loan for five months. It  is alleged that  despite receiving huge amount  towards EDC and other charges the OPs No.1&2 have failed to provide basic  amenities to the complainant as promised by them. Even the complainant wrote many letters to the OPs No.1&2 to atleast provide permanent electricity connection and potable water supply to the complainant as there is no LT line and no transformer at the project from where the electricity can be provided but the Ops No.1&2 shown their inability to provide basic amenities. Even the Ops have not occupancy certificate and completion certificate. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed.

2. OP No.1&2 did not turn up despite due service, hence vide order dated 11.6.2021 OP No.2 was proceeded exparte whereas OP No.1 was proceeded exparte vide order dated 28.6.2022.
3. The Opposite  Party No.3 in its reply stated that OP No.3-Municipal Committee having supervisory authority over the projects being carried out in Municipal limits of the Committee. It is however, submitted that OP NO.3-Municipal Committee have supervisory authority only over those projects which have been handed over to the Committee after issuing of completion Certificate by the Competent Authority. It is averred that no completion certificate has been issued by the competent authority for the instant project and builder has not applied for the completion certificate yet.  Denying any deficiency on its part   a prayer for dismissal of complaint  against it has been made.
4. Rejoinder was filed and averments made in the consumer complaint were reiterated.
5. Contesting parties led evidence by way of affidavits and documents.
6. We have heard the learned counsel for the contesting parties and gone through the record of the case.
7. The sole grouse of the complainant  through the present complaint is that despite making huge payment   towards the residential plot to the OPs No.1&2, they failed to provide basic amenities such as required approvals, permanent electricity connection, proper water supply, street lights, sewerage, drainage, proper maintenance of parks etc. Even  the OPs No.1&2 have no occupation certificate and completion certificate. It is alleged that due to lack of basic amenities the complainant is undergoing a lot of mental agony and harassment as the complainant  has already constructed house on the plot in question.
8. After going through the entire record and photographs on record it is abundantly clear that there is no basic amenities provided on the site by the OPs No.1&2, which is a clear cut deficiency on their part as they despite receiving huge amount from the complainant utterly failed to provide basic amenities on the site and even did not obtain occupation/completion certificate which fact is further  corroborated from the  written statement of OP No.3.
9. From the foregoing it is clear that the OPs after collecting huge money from the complainant did not provide the basic amenities to the complainant and even did not obtain occupation certificate/completion certificate from the competent authorities and this act of the OPs No.1&2 and amounts to deficiency in service and unfair trade practice and they are liable to compensate the  complainant.
10. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. OPs No.1&2 are directed as under:-

1. to immediately provide basic amenities to the complainant on the site in question (if already not provided)  like required approvals, permanent electricity connection, proper water supply, street lights, sewerage, drainage, proper maintenance of parks.
2. to pay Rs.25000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay Rs.10,000/- to the complainant as costs of litigation.
    

11.      This order be complied with by the OPs No.1&2 within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
12. Complaint qua OP No.3 stands dismissed.
13. Pending miscellaneous application(s), if any, also 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/-
6/5/2024			[Suresh Kumar Sardana]
mp			Member