Chandigarh

DF-I

CC/594/2022

Ranjit Kumar - Complainant(s)

Versus

M/s Sushma Buildtech Ltd. - Opp.Party(s)

Surjeet Bhadu

14 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                  

Consumer Complaint No.	:	CC/594/2022
Date of Institution	:	8.6.2022
Date of Decision	:	14/3/2024

 

1. Ranjit Kumar,S/o Shri Amar Nath R/o Unit No H-101, Sushma Crescent, Old Ambala Road, Village Gazipur, Dhakauli, SAS Nagar (Mohali), Punjab, 160104.

 

2 Sangeeta Singh, W/o Sh. Ranjit Kumar, R/o Unit No H-101, Sushma Crescent, Old Ambala Road, Village Gazipur, Dhakauli, SAS Nagar (Mohali), Punjab, 160104

 

Complainant(s)

Versus

1. M/s Sushma Buildtech Limited, Registered Address: B-107, Business Complex at Elante Mall, First Floor, Industrial Area-1, Chandigarh, 160001.

2 Mr Binder Pal Mittal, (Director), Sushma Buildtech Limited, Registered Address: B-107, Business Complex at Elante Mall, First Floor, Industrial Area-L Chandigarh, 160001.

3 Mr Bharat Mittal, (Director), Sushma Buildtech Limited, Registered Address: B- 107, Business Complex at Elante Mall, First Floor, Industrial Area-1, Chandigarh 160001

...Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

                  

 

 

 

ARGUED BY		Sh. Agam Bansal, Advocate proxy for Sh. Surjeet Bhadu, Advocate for complainants.
		Sh. Vishal Singal, Advocate for OPs.

Per surjeet kaur, Member

    Briefly stated the complainants booked a unit in the project of the OPs and vide allotment letter Annexure C-2 the Ops allotted Unit No. H-101, First floor Tower-H measuring 1860 Sq. ft. to the complainants with basic sale price of Rs.25,50,000/-. Thereafter Agreement for Sale Annexure C-3  was executed between the parties. However, thereafter another  Agreement for Sale  Annexure C-4 was executed between the  parties  due to change of signatory of OP No.1.  As per agreement the OPs were to deliver possession of the unit on 26.9.2018. However, thereafter another agreement Annexure C-5 got executed between the parties according to which the possession  of the unit was to be delivered by 26.9.2018.  The complainant has paid a total amount of Rs.28,25,391/-  out of which Rs.23,71,800/- is recorded in the agreement dated 15.2.2018  and receipt  of regarding balance amount is annexed as Annexure C-6. The complainants have sent numerous reminders to the Ops vide Annexure C-8 to C-8/I with the request to hand over the possession of the unit in question  but the Ops offered possession vide possession and offer letter dated 16.8.2019. After receipt of offer of  possession the complainant visited the site and found many  deficiencies in the construction and requested the Ops to remove the same and also paid the due amount alongwith charges for  maintenance and also requested the Ops to pay delayed interest as the possession was offered beyond the stipulated date and due to delayed offer of possession the complainant suffered loss of Rs.2,04,000/-. But despite repeated requests the same were not paid by the OPs. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed.

2. The Opposite Parties in their reply while admitting the factual matrix of the case stated that as per the agreed terms and conditions of REGISTERED AGREEMENT FOR SALE on 15.02.2018, vide Clause 7.1, the possession of APARTMENT UNIT No. H-101, Ist FLOOR, TOWER-H, in SUSHMA CRESCENT RESIDENTIAL COMPLEX, GAZIPUR, ZIRAKPUR, SAS NAGAR MOHALI, PUNJAB, was agreed to be delivered to the complainant on 26.09.2018 subject to force majeure conditions as laid down in the agreement. The complainants were offered possession on 16.08.2019 vide offer of possession letter dated 16.08.2019.. The complainants being satisfied by the quality and construction of unit in question  the accepted the offer of possession and vide their letter dated 21.09.2019  and requested the answering OPs to hand over the physical possession of the unit in question.. In pursuance of the complainants’ request for possession dated 21.09.2019, the complainants were given the physical possession of  the unit on 21.09.2019 vide possession letter dated 21.09.2019. It is pertinent to submit that the complainants being satisfied with the quality and construction of the project also provided an UNDERTAKING ANNEXURE R-9 specifically admitting to being satisfied with the layout of the complex, location of various installations/services viz, parkas, electric poles/transformers, layout of electric lines and street lights, roads and ramps, parking, water tanks and tube wells within the project being completed and had no objections to the any of the above whatsoever. The complainants also furnished an affidavit on 03.10.2019 firmly declaring to have inspected the building plans, fittings/furnishings and quality of construction carried out by the answering respondents, and affirmed the built quality and construction of unit in question as per the agreed terms and conditions of agreement  on 15.02.2018, and to the satisfaction of the complainants. Denying any deficiency on their all other allegations made in the complaint has been  denied being wrong.
3. Rejoinder was filed and averments made in the consumer complaint were reiterated.
4. Contesting parties led evidence by way of affidavits and documents.
5. We have heard the learned counsel for the contesting parties and gone through the record of the case.
6. Through the present complaint the complainant has prayed for the payment of interest for delayed possession of the unit in question alongwith  compensation and litigation cost.
7. Admittedly, the complainant has taken physical possession of the unit in question on 21.9.2019 and tendered his undertaking Annexure R-9 and affidavit Annexure R-10  to the OPs affirming his satisfaction in respect of the unit in question. A  meticulous perusal of the aforesaid documents tendered by the complainant to the OPs reveal that the  complainant took possession of the unit in question after full satisfaction.
8. However, the contentious issue in the instant complaint is that the  OPs have offered possession of the unit in question with delay of almost one year and the said factum has been duly admitted by the OPs. As per final agreement Annexure C-5 the  possession of the unit in question  was to be delivered by the Ops on or before 26.9.2018 however, the OPs have admittedly delivered the actual physical possession on 21.9.2019 after delay of almost one year, which is a deficiency in service on the part of the OPs as due to the negligent act of the OPs the complainant has to undergo a lot of mental agony and financial loss as he has to spend his hard earned money on rented accommodation.
9. Moreover, the Ops have utterly failed to prove on record any force majeure circumstances owing to which the possession of the unit in question was delayed by them.  Thus in our opinion certainly there is deficiency on the part of the Ops and they are liable to pay compensation to the complainant in the form of interest for delay in offering possession to the complainant.  
10. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. OPs are directed as under:-

1. To pay delayed compensation @9% interest to the complainant on the entire deposited amount w.e.f. the promised date of possession i.e. 26.9.2018 till 21.9.2021 the date of handing over actual possession of the unit in question.
2. to pay Rs.10,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay Rs.10,000/- to the complainant as costs of litigation.

11.     This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
12. Pending miscellaneous application(s), if any, also stands disposed off.
13.      Certified copies of this order be sent to the parties free of charge. The file be consigned.

			sd/- [Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur] Member