Chandigarh

DF-II

CC/402/2017

Bhupinder Jyani - Complainant(s)

Versus

M/s Chandigarh Overseas Private Limited - Opp.Party(s)

Vikas Kumar Adv.

08 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	402/2017
Date of Institution	:	09.05.2017
Date of Decision	:	08.08.2017

 

                                                                       

                                       

       

1. Bhupinder Jyani s/o Sh.Om Parkash r/o H.No.145, Hisar Road, Opp. Surkhab Tourist & Jyani Hospital, Agarsen Colony, Sirsa (Haryana).

 

2. Aruna Jyani s/o Sh.Bhupinder Jyani r/o H.No.145, Hisar Road, Opp. Surkhab Tourist & Jyani Hospital, Agarsen Colony, Sirsa (Haryana).

                                ...  Complainants.

Versus

1.     M/s Chandigarh Overseas Private Limited, through its Managing Director, Fashion Technology Park, Sohana Landra Road, Opposite Lakhnaur Cold Storage, Sector 90, Mohali (Punjab).

 

2.     Greenfield Sites Management Private Limited, through its Managing Director, Fashion Technology Park, Sohana Landra Road, Opposite Lakhnaur Cold Storage, Sector 90, Mohali (Punjab).

…. Opposite Parties.

 

BEFORE:  SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

 

Argued by: Sh.Vikas Kumar, Adv. for the complainant.

                OPs exparte.

 

 

PER RAJAN DEWAN, PRESIDENT

1.         In brief, the case of the complainants is that in the year 2006, OP-1 came up with a project in the name and style of “Fashion Technology Park” in Sector 90, Mohali. The OPs widely publicized their offer of selling units in the Industrial Knowledge (Fashion Technology Park), Sector 90, Mohali. They were provided with the Information Memorandum (Annexure C/-1) indicating the terms and conditions for allotment of industrial space in the project. With an intention to provide base to the career of their daughter Alisha who had shown her interest in the field of fashion and to get settle a business for them for earning her livelihood by way of self-employment, they applied for the unit in the design studio by submitting an application No.103719 alongwith cheque dated 30.09.2016 for Rs.1,25,000/- vide receipt dated 30.09.2006.  Subsequently, they were allotted the unit measuring 125 sq. ft. bearing Design Studio No.8 on the 6^th Floor in Block A-1 in the Design Studio under the Small Investor Scheme launched in Industrial Zone of Industrial Knowledge Fashion Technology Park.  Thereafter, they further paid an amount of Rs.3.75 lacs to the OPs through different installments vide Annexure C-3 (Colly.). The complainants alleged to have paid in all Rs.4,75,000/-  against the total sale consideration of Rs.5 lacs to the OPs  except the amount of Rs.25,000/- which was to be paid at the time of its delivery. The Developer Buyer Agreement (Annexure C-4) dated 09.01.2007 between the complainants and OP No.1 and Lease agreement (Annexure C-5) between the complainants and OP No.2 were also executed. Vide letter dated 29.06.2010 (Annexure C-6), OP No.2 informed the complainants that the company had offered buy-back option of the design studio @ Rs.7.5 lacs per unit and for availing the same, the intimation was to be given  within a period of 30 months from the date of start of construction (2^nd week of September, 2006) which gets completed on 18.1.2010, so if they wish to avail buy back offer, they must accept the buy back option immediately after 31.12.2010, which was accepted by them then and there only.   As per Clause 28 of the Developer Buyer Agreement, the complainants were to be compensated by paying Rs.50/- per sq. ft. per month.   As per clause 4.1 of the Lease Agreement, OP No.2 assured the complainants of getting a minimum lease rent of Rs.30000/- p.a. per unit subject to a maximum of Rs.45000/- p.a. which was payable immediately after the completion of stipulated 30 months from the date of handing over the possession by the developer to them whichever is earlier.  Thereafter, the complainants requested the OPs time and again to release the amount due under the buy-back option as well as compensation for delay under the penal cause 28 of the Buyer Developer Agreement but to no effect. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant complaint. 
2.         The Opposite Parties were duly served through registered A.D. covers, but none put in appearance on their behalf, as a result whereof, they were proceeded against exparte vide order dated 03.07.2017.
3.         We have heard the learned Counsel for the complainants and have gone through the documents on record.
4.         Annexure C-4 is the copy of the Developer Buyer Agreement dated 09.01.2007 entered into between the Opposite Party No.1 and the complainant at Chandigarh in respect of 125 sq. ft. area bearing Design Studio No.8 on the 6^th floor in Block A1. The total consideration of the same was Rs.5,00,000/-, which was to be paid in installments. The complainant paid the total amount of Rs.4,75,000/- in installments to the OPs and the remaining amount of Rs.25,000/- was to be paid within 10 days of the offer of possession, as per Schedule A attached with the Development Buyer Agreement (C-4), entered into between the parties.  However, neither the project of the Opposite Parties was completed nor they offered possession as per schedule. 
5.         The complainants alleged to have accepted the buy-back option offered by the OPs but they have not been able to produce on record any documentary evidence to that effect and as such they complainants cannot be held entitled to Rs.7.5  lacs on account of buy-back option.
6.         It has been contended by the ld. Counsel that as per Clause 28 of the agreement(C-4), in case of delay in handing over the possession of the unit, beyond 30 months from the date of start of construction, the developer was to compensate the buyer (complainants) by paying Rs.50/- per sq. ft. per month of the super area of the unit as compensation.   It has further been contended by the ld. Counsel that since the possession is not even offered to the complainants, therefore, they are entitled for the minimum lease rent @ Rs.30,000/- p.a. from 30.06.2010 till payment.  Since the complainants have claimed the refund of the amount and as such they are not entitled to seek compensation @ Rs.50/- per sq. ft. per month of the super area of the unit as compensation and minimum lease rent @ Rs.30000/- p.a. from 30.06.2010 till payment.  However, since the OPs have not offered the possession of the unit in question nor they have refunded the amount and as such the complainants are certainly entitled to compensation for the mental agony and physical harassment suffered by them.
7.         The Opposite Parties chose not to appear before this Forum.  Therefore, in the absence of any rebuttal from the side of the Opposite Parties, the version of the complainants, supported by the duly sworn affidavit, must prevail.  Failure on the part of the Opposite Parties to honour their commitments, therefore, amounts to deficiency in service and the complaint deserves to be allowed. 
8.         In view of the above discussion, the present complaint is allowed qua OP No.1 and OP No.1 is directed as under :-
   1. to pay Rs.4.75 lacs to the complainants alongwith interest @ 12% p.a. from the date of receipt of the amounts till its realization.
   2. to pay Rs.50,000/- as compensation for mental agony and harassment.
   3. to pay Rs.11,000/- as costs of litigation.
9.         This order be complied with by OP No.1, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(ii) shall carry interest @12% per annum from the date of this order, till actual payment, besides compliance of directions as mentioned at Sr.No.(i) and (iii).
10.         The complaint qua OP No.2 stands dismissed.
11.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

08.08.2017

                                                                       

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER