DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.461 of 2015
Date of institution: 11.09.2015 Date of decision : 23.02.2017
Ms. Alka Kapoor d/o late Shri B.B. Kapoor, resident of House No.765, Sector 22-A, Chandigarh.
……..Complainant
Versus
M/s. Singla Builders & Promoters Limited, SCO 146-147, Sector 43-B, Chandigarh through its Managing Director.
………. Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President Shri Amrinder Singh Sidhu, Member.
Ms. Natasha Chopra, Member
Present: Complainant in person.
Shri Amandeep Bindra, counsel for the OP.
ORDER
By Ajit Pal Singh Rajput, President
Complainant Ms. Alka Kapoor has filed this complaint against the Opposite Party (hereinafter referred to as the OP) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. The complainant was allotted apartment No.727 measuring 770 sq. ft. (super area) in the project of the OP called SBP North Valley falling in village Santemajra vide allotment letter dated 27.02.2012. The basic sale consideration of the apartment was Rs.14,80,000/-. An apartment buyers agreement dated 27.02.2012 was also executed between the parties. The first installment of sale price to the tune of Rs.2,25,000/- was to be paid on the date of signing the agreement and final installment of Rs.1,48,000/- was to be paid on 30.06.2013 at the time of possession. As per the agreement the complainant was to pay interest on the delayed payment @ 18% per annum to be compounded quarterly. In addition an amount of Rs.2,000/- was to be charged from the complainant towards restoration charges. It was also agreed between the parties that in addition to the price, the complainant was to pay @ Rs.25/- per sq. ft. as interest free maintenance security which was to be paid at the time of possession/full and final payment. It was further agreed between the parties that common facilities like lifts, park, back up facilities would be provided under maintenance agreement but till date the OP has not provided any such facility except the lift. The OP vide letter dated 15.11.2014 offered possession of the apartment and also asked the complainant to sign maintenance agreement. However, the flat was not ready for possession and the OP promised to complete the construction within one month. The complainant paid the final installment on 15th November, 2014 and this fact was brought to the notice of the OP vide e-mail dated 19.11.2014 of the complainant. Vide her letter dated 30.12.2014 the complainant asked the OP to pay agreed interest as the possession of the flat was not handed over to her by 30.06.2013. However, to maintain cordial relations, the complainant requested the OP to pay interest w.e.f. 31.12.2013. The complainant gave numerous reminders to the OP for possession of the flat and to pay the amount committed in the agreement by OP due to delay in possession and to charge maintenance fee only after the project is fully completed. The complainant visited the OP on 04.04.2015 when the staff of the OP informed her that the apartment is ready for delivery and letter for possession of the flat was given to her and it was confirmed that maintenance charges will be applicable from 01.04.2015 to March, 2017. Keys of the flat were actually handed over to the complainant on 19.04.2015. By 30.06.2013 the complainant had paid a total sum of Rs.13,35,000/- out of total amount of Rs.14,80,000/- and the remaining amount of Rs.1,48,000/- was paid by the complainant to the OP on 19.04.2015. Thus, the OP is liable to pay interest on the amount paid for the period from 30.06.2013 to 19.04.2015, which comes to Rs.1,71,125/-. As per terms of agreement, the OP was not entitled to 7th and final installment as it was required to refund the additional amount after adjusting the interest at the time of handing over of possession. Hence this complaint for giving directions to the OP to pay her Rs.1,71,125/- as interest due as per terms of agreement on account of delay in handing over of possession; to pay her Rs.50,000/- for harassment and mental tension and litigation expenses.
3. The complaint is contested by the OP by filing reply, in which it has been pleaded that the complaint is false and misconceived. The house was got completed in all respects and possession was handed over to the complainant well within time. The complainant had taken the possession after satisfying herself on all the scores. The dispute between the parties, if any, is of civil nature. The possession was handed over to the complainant on 15.11.2014 and the complainant also signed the possession letter with a satisfactory note. The delay, if any, was squarely covered under the Force Majure clause i.e. the situation on which the OP has got no control over and this clause is fully attracted to the present agreement. On merits, the OP has pleaded that the complainant has no locus standi to file the present complaint. All the basic facilities as promised have been provided. The complainant has signed the agreement after understanding the contents thereof. The keys of the flat were also with the complainant. The OP carried out the work of cosmetic nature which always carried out after possession is taken over by the customer/buyer. Thus, denying any deficiency in service on its part, the OP has sought dismissal of the complaint.
4. In order to prove the case, the complainant tendered in evidence affidavit Ex. CW-1/1; copies of allotment letter Ex.C-1; buyers agreement Ex.C-2; letters Ex.C-3 and Ex.C-4; maintenance agreement Ex.C-5; email Ex.C-6; letters dated 30.12.2014 and 04.04.2015 Ex.C-7 and C-7/A; check list Ex.C-8 and sanction of work Ex.C-9. In rebuttal the OP tendered in evidence affidavit of Amandeep Singla, its Director Ex.OP-1/1; certified copies of notice of possession dated 07.11.2014 Ex.OP-1; possession letter dated 15.11.2014 Ex.OP-2; statement of accounts Ex.OP-3; maintenance agreement dated 15.11.2014 Ex.OP-4 and 11 original photographs Ex.OP-5.
5. It has been argued by the complainant that as per Apartment Buyers Agreement, the possession of the flat was to be handed over to the complainant on or before 30.06.2013 by the OP. However, the possession was handed over to the complainant on 15.11.2014. Thus, as per conditions of the buyers agreement, the complainant is entitled to interest on the deposited payment for the period of delayed possession. The complainant has further argued that although the possession of the flat has been handed over to her by the OP on 15.11.2014 but till date the sale deed of the flat has not been got done by the OP. The complainant is requesting the OP for the same for but the OP is asking the complainant to first withdraw the present complaint and only then the sale deed would be got registered.
6. On the other hand learned counsel for the OP has argued that the possession was delayed due to reasons beyond the control of the OP. He has further argued that at the time of taking over the possession on 15.11.2014 the complainant has not raised any objection and thus, the complainant is not entitled to any interest on the payment deposited by her.
7. We have gone through the pleadings, evidence and written arguments of the parties and heard the oral submissions, addressed by the learned counsel for the complainant and the OP. As per Article-4 of the apartment’s buyers agreement Ex.C-2 it was agreed that the possession of the flat would be handed over to the complainant by 30.06.2013 and further extension of six months can be granted if the OP was unable to handover the possession due to reasons beyond its control. This means the possession of the flat was to be handed over to the complainant by 30.06.2103 or by extended period of 31.12.2013. It has further been mentioned in Clause 4 (iii) of the apartment buyers agreement Ex.C-2 that in case the OP failed to deliver the possession even after extended period of 31.12.2013, it shall be bound to pay simple interest on the amount so paid by the individual allottee which could be adjusted in the final amount to be paid by the allottee to the developer. The rate of interest shall be prevailing rate of fixed deposit as would be payable by Bank of India on the fixed deposit applicable for the time of delay beyond the aforesaid extended period of six months. The possession of the flat has been handed over to the complainant on 15.11.2014 vide Ex.C-4. Thus, as per Article 4 (iii) of the apartment buyers agreement Ex.C-2 the complainant is entitled to interest on the deposited amount till the date of handing over of possession which comes out to Rs.1,71,125/-. The further contention of the complainant regarding non execution of the sale deed despite receipt of total sale consideration is also an act of unfair trade practice and deficiency in service on the part of the OP. Once the OP has received from the complainant the total sale consideration of the flat and has also got executed the maintenance agreement, the OP was duty bound to get the sale deed of the flat executed in the name of the complainant.
8. Accordingly, we direct the OP to get the sale deed of the apartment of the complainant executed and further to pay to the complainant interest on the deposited amount to the tune of Rs.1,71,125/- (Rs. One lakh Seventy one thousand one hundred twenty five only) alongwith interest thereon @ 9% per annum from 15.11.2014 till actual payment. We also find that complainant is entitled to a sum of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony caused to the complainant due the negligent act of the OP and litigation cost of Rs.10,000/- (Rs. Ten thousand only). The present complaint stands allowed accordingly.
The OP is further directed to comply with the order of this Forum within thirty days from the date of receipt of this order.
The arguments on the complaint were heard on 09.02.2017 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: 23.02.2017
(A.P.S.Rajput)
President
(Amrinder Singh Sidhu)
Member
(Mrs. Natasha Chopra)
Member
