Chandigarh

DF-II

CC/340/2021

Ashwani Kumar Munjal - Complainant(s)

Versus

M/s Omaxe Chandigarh Extension Developers Pvt. Ltd. - Opp.Party(s)

In Person

25 Jan 2024

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	340 of 2021
Date  of  Institution	:	03.06.2021
Date   of   Decision	:	25.01.2024

 

 

 

 

 

Ashwani Kumar Munjal aged about 59 years s/o late Sh.Saudgar Mal Munjal, R/o H.No.3048, Blood Donors Cooperative House Building Society, Sector 50-D, Chandigarh 160047

 

.... Complainant

VERSUS

M/s Omaxe Chandigarh Extension Developers Pvt. Ltd., Regional office SCO No.143-144, Sector 8-C, Madhya Marg, Chandigarh 160008 through its Managing Director

2nd Address:-

Regd. Office: Omaxe  City, 111th Mile Stone, Near Bad Ke Balaji Bus Stand, Jaipur Ajmer Expressway, Jaipur 302026 through its Managing Director

3rd Address:-

Zonal Office: India Trade Tower, 1st Floor, Baddi Kurali Road, New Chandigarh Mullanpur, Distt. SAS Nagar, Punjab 140901

.....Opposite Party

 

BEFORE:     MR.AMRINDER SINGH SIDHU, PRESIDENT

                            MR.B.M.SHARMA,          MEMBER

 

Present:-       Complainant in person

Sh.Arjun Sharma, Counsel for the OP

 

ORDER BY AMRINDER SINGH SIDHU, M.A (Eng.), LLM, PRESIDENT

 

         The complainant has filed the present complaint pleading that he along with two relatives booked a 1580 sq. ft. flat in the project of OP namely “The Lake” on 21.8.2014 by paying booking amount of Rs.5 lacs against it total cost of Rs.68,15,650/- and opted for construction linked payment plan (Ann.C-1).  Thereafter, the OP issued Allotment letter of Flat No.TLC/VICTORI-A/ELEVENTH/1101 on 11.11.2014 (Ann.C-2).  It is stated that the possession of the flat was assured to be offered within 42 months i.e. by 21.2.2018 from the date of booking i.e. 21.8.2014 but there was unreasonable delay in the work at site, as such, further payment were stopped to the OP but when the OP threatened to cancel the allotment, an amount of Rs.3,78,000/- was paid as delayed payments (Ann.C-5).  It is averred that the OP had assured one of the allottee of “The Lake” project that the possession of the flat will be handed over within 42 months per Agreement dated 16.12.2015 (Ann.C-3).   Later on, the co-sharers opted to exit, as such, the OP after taking Transfer Fee of Rs.28,000/- on 10.4.2018, issued Fresh Allotment Letter solely in favour of the complainant (Ann.C-6) and executed Agreement on 11.4.2018 and asked the complainant to pay Rs.35,83,072/-.  It is stated that the Agreement was signed for the Flat in question which was initially booked on 21.8.2014 but the OP illegally & arbitrary revised the date of possession as 31.7.2021 (Ann.C-7).  It is submitted that the complainant paid an amount of Rs.66,62,208/- including interest of Rs.3,75,000/-  to the OP apart from payment of Rs.28,000/- as Transfer Fee, after availing finance facility from the bank.  However, the OP failed to deliver the possession of the unit in question despite sending communications lastly on 21.5.2021 even after more than 6 years from the date of booking i.e. 21.8.2014.  It is pleaded that the OP has illegally charged GST/ST from the complainant to the tune of Rs.3,28,435/- against the unit in question.  It is also pleaded that there are not sign of completion of the project with all promised facilities nor any hope of offering of possession with occupancy and completion certificate from competent authority by the OP in the coming years.  Hence, this complaint has been filed alleging the said act & conduct of the OPs as gross deficiency in service and unfair trade practice with prayer to direct the OP to handover the possession of the flat, pay compensation for the delayed period, pay interest on the amount already paid, refund of GST amount and compensation as well as litigation cost.  

 

2]       After service of notice, OP appeared before this Commission and filed written version stating therein that the complainant, Mr.Dhruv Chopra and Mrs.Sonia Narula were jointly allotted the Unit in question in response to their request dated 21.8.2014 (Ann.OP/3) but the said allotment was cancelled on 3.4.2017 (Ann.OP/29) as the said allottees failed to make further payment as demanded and reminded vide several reminders from 5.5.2016 to 30.3.2017. It is stated the said cancellation dated 03.04.2017 was never challenged by the original allottees.  However, after passing of about one year, the complainant individually approached the OP with request to allot/restore the Unit in question to him and adjust the payment made by the original allottees towards the unit in question till August, 2015 and also requested to waive off the interest accrued due to non-payment.  It is submitted that after submission of indemnity bond and other necessary document of two other allottees for transfer the allotment right of unit in question in favour of the present complainant, the cancellation was revoked, the allotment rights were assigned in favour of the complainant and accordingly an Agreement For Sale in question of the Unit in question with executed with the complainant on 11.4.2018 (Ann.OP/36) wherein the date of offering of possession was mentioned as 31.7.2021 unless the delay is caused due to any Force Majeure event, whereas the present complaint has been filed on 03.06.2021 i.e. almost 2 months prior to the due date of offering of possession on 31.7.2021, which was extended by 6 months more i.e. till 31.1.2022 due to Force Majeure on account of Covid-19 Pandemic which halted the construction work.  It is pleaded that the total amount paid by the complainant is Rs.59,58,773/- excluding of ST/GST include credit note, which has also been charged as per law.  It is also pleaded that the complainant was informed vide letter dated 11.6.2021 that the construction of his tower is on the verge of complete and the offer of possession will be raised in coming time (Ann.OP/39). It is further pleaded that in the present case, the OP has time till 31.1.2022 to deliver the possession and as such, as on date when the complaint has been filed no default has arisen on the part of OP. Denying all other allegations, the OP has lastly prayed for dismissal of complaint.

 

3]       Replication has also been filed by the complainant controverting the assertions of the OP made in its reply.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the complainant in person, ld.Counsel for the OP and have gone through the documents on record including written submissions.

 

6]       From the careful perusal of the record and documents on file, it is observed that the complainant admitted to have been allotted/transferred the Unit in question in his individual name by the OP vide letter dated 10.04.2018 (Ann.C-6). It is also observed that an Agreement for Sale qua the Unit in question was executed by the complainant with the OP on 11.04.2018 (Ann.C-6/Ann.OP/36) and both the parties are bound by terms & conditions of said Agreement.

 

7]       As per Clause 7.1 of the said Agreement (Annexure C-6), it is clearly mentioned that the possession of the Unit in question was to be delivered to the complainant by 31^st July, 2021 unless there is delay due to force majure circumstances, whereas the complainant preferred to file the present complaint on 03.06.2021, i.e. much prior to the agreed date of getting the possession of the Unit. Thus, it is established that the present complaint filed by the complainant is pre-majure.  Further the plea of the complainant that the OP illegally revised the date of possession as 31.7.2021 in the Agreement (Ann.C-7/Ann.OP/36) is not tenable, as the said Agreement has admittedly been duly signed by him agreeing to its terms & conditions.  Therefore, no case of deficiency in service is made out.

 

8]       Taking into consideration the above discussion & findings, we are of the opinion that no deficiency in service is made out on the part of OP.  Therefore, the present complaint is dismissed with no order as to costs.

 

9]       The pending application(s) if any, stands disposed of accordingly.

        The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.

Announced

25.01.2024                                                          

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER