DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
(1) Consumer Complaint No.199 of 2014
Date of institution: 01.04.2014 Date of decision : 12.10.2016
1. Deshbir Singh son of Pirthijit Singh.
2. Manjit Singh son of Deshbir Singh
Residents of Flat No.4736, Block-M, Darshan Vihar Society, Sector 68, Mohali.
……..Complainants
(2) Consumer Complaint No.200 of 2014
Date of institution: 01.04.2014 Date of decision : 12.10.2016
Ms. Monica Randhawa wife of Rishi Bajaj, resident of House No.1889-A, Sector 21, Panchkula.
……..Complainant
(3) Consumer Complaint No.201 of 2014
Date of institution: 01.04.2014 Date of decision : 12.10.2016
Bikram Singh son of Shri Ripudaman Singh, resident of House No.4566-A, Sector 70, Mohali.
……..Complainant
Versus
1. M/s. Shivalik Infrastructure & Developers Pvt. Ltd., through its:
2. Managing Director Amardeep Singh Heera son of Sadhu Singh, M/s. Shivalik Infrastructure & Developers Pvt. Ltd., SCO No.510, Sector 70, Tehsil and District Mohali.
3. Daljeet Singh, Director, M/s. Shivalik Infrastructure & Developers Pvt. Ltd., SCO No.510, Sector 70, Tehsil and District Mohali.
………. Opposite Parties
Complaints under Sections 12 to 14
of the Consumer Protection Act
Quorum
Shri Ajit Pal Singh Rajput, President Shri Amrinder Singh Sidhu, Member.
Mrs. R.K. Aulakh, Member.
Present: Shri Divjyot S. Sandhu counsel for the complainants in complaint No.199 of 2014.
Ms. Raminder Partap Kaur, counsel for complainants in complaint No.200 and 201 of 2014.
Ms. Jyoti Bhatti, counsel for the OPs.
ORDER
By Ajit Pal Singh Rajput, President
By this common order, we are disposing of above said three complaints as all are having same controversy as well as similar question of facts and law.
The commons facts are that the complainants on going through an advertisement in the Tribune dated 18.03.2011 got published by the OP regarding availability of plots in Shivalik City, Sector 127, Greater Mohali. The complainants then met OP No.2 who assured them that their township is PUDA approved and free from any encumbrances, charge or liability. The complainants purchased the plots in Shivalik City, Sector 127, Greater Mohali in Village Chajju Majra after paying hefty amounts to the OPs. The OPs issued allotment letters as well as layout plans to the complainant. The OPs had also issued Special Power of Attorneys in the name of the complainants. Thereafter the OPs got the sale deeds registered in the names of the complainants from the Sub Registrar, Kharar. After getting the sale deeds registered, the complainants approached the OPs for delivering them the possession of their respective plots. However, the OPs informed them that certain formalities are yet to be complied with and as soon as these formalities are completed, they will hand over the possession to them. Thereafter, despite various meetings and visits to the office of the OPs, the possession of the plots had not been handed over to the complainants. The complainants got information under RTI from Municipal Corporation, Kharar who vide letter dated 16.12.2013 informed that neither Change of Land Use has been issued in favour of the OPs nor any project has been approved. The complainants brought this fact to notice of the OPs and assured that the possession of the plots would be handed over to them within a month but even thereafter no possession has been handed over to the complainants. The complainants and other allottees had also submitted a complaint dated 03.02.2014 to the SSP, Mohali, for taking action against the OPs. Even a reminder dated 24.02.2014 was also submitted to the SSP, Mohali but no action was taken by the police. Thereafter, the complainants also got issued legal notice to the OPs but no reply to the legal notice was given by the OPs. The above conduct of the OPs is a clear cut case of unfair trade practice and deficiency in service on their part.
The complainants have sought directions to the OPs to deliver them the vacant and peaceful possession of their respective plots; to compensate each of the complainant for Rs.3,00,000/- on account of harassment and mental agony etc. and pay Rs.25,000/- each for litigation costs.
3. The complaints have been contested by the OPs by filing written statement in which they have pleaded that all necessary development works on the site have been completed. The delay, if any, is on the part of Punjab State Power Corporation for shifting of lines for which the amount as demanded has been deposited by the OPs. Sale deeds of the plots purchased by the complainants have been executed and only demarcation is to be given to the complainants for which the OPs had applied to the Revenue Department. The possession has been handed over to the complainants in the form of duly developed plots. The discrepancies pointed out by the complainants were got rectified except the shifting of HT lines passing overhead the plots for which the OPs are consistently requesting the concerned department for needful action. The work of final coating of road underneath the lines shall be got completed immediately within 15 days on shifting of lines by the PSPCL. Thus, denying any deficiency in service on their part, the OPs have sought dismissal of the complaints.
4. In order to prove their case, the parties led their respective evidence.
5. Learned counsel for the complainants have argued that at the time of execution of sale deeds, the OPs have assured that they will shortly handover the physical possession of the plots to the complainants after complying with certain formalities. Even during the course of proceedings of the complaints, the OPs have committed to handover the possession but inspite of that they have not handed over the possession to the complainants. Learned counsel thus argued that the complaints may be allowed and the complainants be suitably compensated due to unfair trade practice and deficiency in service on the part of the OPs.
6. On the other hand, learned counsel for the OPs has argued that after getting the sale deeds registered the complainants raised some objections regarding shifting of 11 KV HT lines from the site and final bitumen coating on the road underneath the lines. The OPs have repeatedly approached the Punjab State Power Corporation Ltd, Kharar for this purpose and as per the demand of the aforesaid Corporation, the OPs have deposited Rs.1,82,509/- on 21.05.2015 for doing the needful. Thus, there is no deficiency in service on the part of the OPs.
7. After hearing the learned counsel for the parties and going through the pleadings, evidence and written as well as oral submission of counsel for the parties, it is established that after execution of the sale deeds, the complainants are making repeated requests to the OPs to hand them over the physical possession of the plots and also provide the amenities/infrastructure. However, the OPs are not giving them the physical possession despite receipt of total payment of the sale consideration of the plots. The complainants have proved document dated 25.05.2013 i.e. the minutes of the meeting held on 25.05.2013, which is duly signed by OP No.2 that (1) the development will start on 1st of June, 2013 and will be completed by the end of July, 2013; and (2) OPs will handover the physical possession of the plots from August, 2013 onwards. Even the complainants have obtained information from M.C. Kharar under Right to Information Act, 2005 which reveals that no CLU was issued to the OPs for the project in question. The complainants have also proved the complaints made to the Sr. Superintendent of Police, Mohali for taking action against the OPs. However, the police had not taken any action against the OPs. Ultimately, the complainants have filed the present complaints before this Forum. The OPs themselves have admitted in their written statements that they are taking up the matter with the Punjab State Power Corporation Limited for shifting the electricity lines and have deposited the requisite charges on 21.05.2015. It is the duty of the OPs to get the line shifted from the plots of the complainants at their own level at the earliest by making all out efforts. The sale deeds of the plots were executed in the year 2012 and the present complaints have been instituted in the year 2014. This shows that the OPs have not taken any action on the requests of the complainant and only initiated action during the proceedings of the complaints and that too with the intervention of this Forum. Even during the course of arguments the learned counsel for the OPs had made a submission that they will handover the possession to the complainants very shortly but she has failed to give any definite date on which the possession would be handed over to the complainants. Thus, the complainants have been able to prove unfair trade practice and deficiency in service on the part of the OPs.
9. Accordingly, we direct the OPs to handover the vacant actual physical possession of the plots alongwith the amenities / infrastructure to the complainants within a period of one month from the date of receipt of the certified copy of this order. The OPs shall also pay interest @ 12% per annum to the complainants on their deposited amounts from the respective dates of deposits till the date of actual handing over of the possession of the plots alongwith complete amenities/ infrastructure. We also find that the complainants of each complaint are entitled to a sum of Rs.40,000/- (Rs. Forty thousand only) on account of mental agony caused due to negligent act of the OPs alongwith litigation cost of Rs.10,000/- (Rs. Ten thousand only). The present complaint stands allowed.
The OPs are further directed to comply with the order of this Forum within 45 days from the date of receipt of this order.
The arguments on the complaints were heard on 03.10.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 12.10.2016
(A.P.S.Rajput)
President
(Amrinder Singh Sidhu)
Member
(Mrs. R.K. Aulakh)
Member
