BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI

                                  Consumer Complaint No.675 of 2014

                                 Date of institution:            25.11.2014

                                                Date of Decision:           13.04.2015

Ramandeep Singh son of Col. Gurcharan Singh, resident of Kothi No.155, Phase-4, Sector 59, Mohali (Punjab).

                                                                        ……..Complainant

                                        Versus

1.     M/s. Silver City Housing & Infrastructure Ltd., NAC, Zirakpur, District Mohali.

2.     Director, M/s. Silver City Housing & Infrastructure Ltd., NAC, Zirakpur, District Mohali.

………. Opposite Parties

Complaint under Section 12 of the

Consumer Protection Act, 1986.

CORAM

Mrs. Madhu. P. Singh, President.

Shri A.B. Aggarwal, Member.

Present:     Shri Trilochan Singh, counsel for the complainant.

OPs ex-parte.

(MRS. MADHU P. SINGH, PRESIDENT)

ORDER

                The case of the complainant is that he applied with the Opposite Parties (for short ‘the OPs’) for allotment of a flat measuring 1145.04 sq. ft. vide application dated 30.01.2006 for a total consideration of Rs.14,40,000/-. Alongwith the application the complainant made initial payment of Rs.1,55,000/- vide cheque dated 30.01.2006. Thereafter, apartment No.137-E 5^th Floor, Block-B-IV Category B-2 with against cost car parking was allotted to the complainant and agreement dated 15.02.2006 was executed between the parties.  The complainant then got sanctioned loan of Rs.11,50,500/- with interest @ 10.7% per annum on 13.06.2006 from HDFC Bank vide sanction letter dated 13.02.2006 Ex.C-2. The disbursal of loan payment was construction linked.  Due to delay in construction the OPs refunded a sum of Rs.55,555/- + Rs.30,448/- as interest on loan amount for the period 01.08.2007 to 31.07.2008. As per clause 12 of the agreement, the possession was to be given immediately after full payment by the complainant. The OPs vide letter dated 16.12.2013 demanded an amount of Rs.1,77,421/- which was made by the complainant vide cheque dated 19.02.2013. The final payment was made by the complainant on 27.01.2014 vide receipt of the same date.  The OPs vide letter dated 19.02.2013 Ex.C-3 informed the complainant that the possession would be delivered in May, 2013.  After that the complainant contacted the OPs numerous times for the possession but the OPs every time gave him the false promises.

                With these allegations, the complainant has sought direction to the OPs to handover him the possession of the flat and interest @ 18% per annum on the amount deposited with the OPs on account of delay in possession; to pay him compensation of Rs.1,00,000/- towards harassment, embarrassment and mental agony and Rs.22,000/- as costs of litigation.

2.             Shri Surinder Gera, Advocate appeared for OP Nos.1 and 2 on 05.01.2015 and filed memo of appearance and the matter was adjourned to 14.01.2015 for filing power of attorney and written statement. On 14.01.2015 none appeared for the complainant and neither power of attorney nor written statement filed by the OPs.  Therefore, the OPs were proceeded against ex-parte.

3.             Evidence of the complainant consists of his affidavit Ex.CW1/1 and copies of documents Ex C-1 to C-3.

4.             We have heard learned counsel for the complainant and gone through the written arguments filed by him. 

6.             The complainant has been allotted a flat in 2006 by the OPs for a sale consideration of Rs.14,40,000/-. The complainant has deposited various on various occasions and as per the complainant the last full and final payment has been made by him on 27.01.2014. Despite having received full and final payment the OPs have failed to handover the physical possession of the flat in question to the complainant. With this grievance the complainant has moved the present complaint.

7.             The complainant has attached Ex.C-1 i.e. agreement dated 15.01.2006 duly executed between the parties governing the legal relationship between the parties, thus the terms of the agreement are binding on the parties. The clause regarding possession i.e. Clause-12 is reproduced here below:

“That company/promoter shall give possession of Apartment/dwelling, unit to allottees immediately after full payment by him. The company/promoter immediately on receipt of full payment from the purchaser shall get the apartment registered in his/her name from the competent registry authority and the allottee shall pay all the registration charges levied by the government.”

8.             The onus is on the complainant to show that he has made full and final payment to the OPs. The complainant has not produced and statement of accounts or receipts issued by the OPs in lieu of the payment received to show the full and final payment. The bald statement in the complaint regarding the final payment is of no benefit to the complainant to invoke his grievance against the OPs regarding non delivery of the possession. 

9.             Thus, in the absence of any evidence to show the bonafide of the complainant, his grievance is ill founded and the complaint being devoid of merit, is hereby dismissed with no order as to costs.  Certified copies of orders be sent to the parties free of costs and thereafter the file be consigned to the record room.

Pronounced.                           

April 13, 2015.

                                                                  (Mrs. Madhu P. Singh)

                                                                        President

                                                        (A.B. Aggarwal)

Member