Chandigarh

DF-I

CC/373/2024

Mrs. ANJU BALA - Complainant(s)

Versus

M/S SUKSHA DEVELOPERS PRIVATE LIMITED - Opp.Party(s)

04 Dec 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                          

Consumer Complaint No.	:	CC/373/2024
Date of Institution	:	01/08/2024
Date of Decision	:	04/12/2024

 

Mrs. Anju Bala, w/o Mr. Anil Jindal, House No.3117 Sector 20-D, Chandigarh-160020

….Complainant

Versus

M/s Suksha Developers Private Ltd. through its Director, B-107, First Floor, Business Complex, Elante Mall, Industrial Area, Phase-1, Chandigarh- 160002

...Opposite Party

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	SHRI B.M.SHARMA	MEMBER

 

                                                                               

ARGUED BY	:	Complainant in person.
	:	None for the OP (Defence struck off vide order dated 24.10.2024)

Per Pawanjit Singh, President

1.        The present consumer complaint has been filed by complainant against the Opposite Party (hereinafter referred to as the ‘OP’).  The brief facts of the case are as under :-     
   1. It transpires from the averments as projected in the consumer complaint that on 02.12.2019, the complainant booked a flat/unit No.R4-054/03, 3^rd Floor (hereinafter referred to as the ‘subject unit’) in the project launched by the OP under the name and style of Sushma Valencia, Village Nagla, MC, Zirakpur, District SAS Nagar, Mohali (hereinafter referred to as the ‘subject project’) in the registered office at Elante Mall, Industrial Area, Phase-1, Chandigarh.  The sale agreement (Annexure-1) was executed between the parties with respect to the subject unit for a total sale consideration of Rs.25.65 lakhs. The complainant also received an allotment letter dated 28.12.2019  alongwith the payment plan (Annexure-2) qua the subject unit. The complainant had paid the total sale consideration to the OP against receipts (Annexure-3) as per the details reproduced as under:-

Sr. No.	Date of Payment	Cheque No.	Amount (In Rs.)

Thereafter, the OP had delivered the possession of the subject unit to the complainant by issuing the possession certificate (Annexure-4) on 31.12.2022 and since then the complainant is in possession of the same. As per clause 10 of the sale agreement, on receiving the entire sale consideration, the OP was bound to execute the conveyance deed in favour of the complainant but despite repeated requests of the complainant, the OP did not care to execute the conveyance deed with respect to the subject unit as a result of which she was compelled to send email (Annexure-6) and the legal notice (Annexure-6) to the OP but nothing has been done. The aforesaid act amounts to deficiency in service and unfair trade practice on the part of OP. OP was requested several times to admit the claim, but, with no result.Hence, the present consumer complaint.

2. The OP failed to file written version within the stipulated period of 45 days from the date of service as provided under the Consumer Protection Act and as such the defence of the OP was ordered to be struck off vide order dated 24.10.2024.

2.        In order to prove her case, complainant tendered/proved her evidence by way of affidavit and supporting documents.
3.        We have heard the complainant in person and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainant that she had booked the subject unit with the OP for a total sale consideration of Rs.25.65 lakhs and on receiving the entire sale consideration, the OP has delivered the possession of the subject unit on 31.12.2022 to the complainant, as is also evident from the copy of the possession certificate (Annexure-4) and as per the sale agreement (Annexure-1), on receiving the entire sale consideration, the OP has to execute the conveyance deed in favour of the complainant which has not been executed in her favour till date, the case is reduced to a narrow compass as it is to be determined if there is deficiency in service on the part of the OP and the complainant is entitled to the reliefs prayed for in the consumer complaint, as is the case of the complainant.
   2. Perusal of sale agreement dated 27.12.2019 (Annexure-1) clearly indicates that as per Clause 10, on receiving the complete amount of the price of the subject unit from the allottee, the OP shall execute the conveyance deed in favour of the allottee/complainant within three months from the issuance of the occupancy/completion certificate. The relevant portion of the same is reproduced as under:-

10. CONVEYANCE OF THE SAID UNIT

The Promoter, on receipt of complete amount of the Price of the Said Unit under the Agreement from the Allottee shall execute a conveyance deed and convey the title of the Said Unit together with proportionate Indivisible share in the Common Areas within three months from the issuance of the occupancy/completion certificate. However, in case the Allottee fails to deposit the stamp duty, registration charges and all other Incidental and legal expenses etc. so demanded within the period mentioned in the demand letter, the Allottee authorizes the Promoter to withhold registration of the conveyance deed in his/her favour till full and final settlement of all dues and stamp duty and registration charges to the Promoter is made by the Allottee. The Allottee shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, 1899 including any actions taken or deficiencies/penalties imposed by the competent authority(ies).

 

3. As it stands proved on record that the OP had already received the entire sale consideration qua the subject unit from the complainant and the possession with respect to the subject unit has already been delivered to her vide possession certificate (Annexure-4) on 31.12.2022 and after that she has been requesting the OP by sending email and legal notice to execute the conveyance deed qua the subject unit in her name and the OP has not done the same till date, the aforesaid act amounts to deficiency in service on its part, especially when the entire case set up by the complainant in the consumer complaint as well as the evidence available on record is unrebutted by the OP. Hence, the instant consumer complaint deserves to be allowed.

4.        In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OP is directed as under :-
   1.        to execute the conveyance deed in respect of the subject unit in favour of the complainant as per Clause 10 of the sale agreement (Annexure-1).
   2.        to pay ₹30,000/-to the complainant as compensation for causing mental agony and harassment;
   3.        to pay ₹10,000/- to the complainant as costs of litigation.
5.        This order be complied with by the OP within a period of 03 months from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(ii) above shall carry interest @ 12% per annum (simple) from the date of expiry of said period of 03 months, till realization, over and above the compliance of other directions.
6.        Pending miscellaneous application(s), if any, also stands disposed off.
7.        Certified copies of this order be sent to the parties free of charge. The file be consigned.

04/12/2024			Sd/- [Pawanjit Singh] President
			Sd/-
			[B.M.Sharma] Member