DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.786 of 2016

                                                 Date of institution:  25.11.2016                                                     Date of decision   :  15.03.2018

1.     Tirlochan Kumar aged about 61 years son of Shri Gurdial Singh.

2.     Kamlesh Kanta aged about 52 years wife of Tirlochan Kumar both (husband and wife) are residents of H.No.A-16, Sector 116, Gold Homes, Kharar-Landran Road, SAS Nagar (Mohali).

…….Complainants

Vs

1.     M/s. Ansal Properties & Infrastructure Ltd. (An ISO 9001: 2000 Company), 115, Ansal Bhawan, 16 Kasturba Gandhi Marg, New Delhi 110001 through its Managing Director.

2.     M/s. Ansal Properties & Infrastructure Ltd., Golf Link II, Sector 116, SAS Nagar Mohali through its Managing Director.

3.     M/s. Ansal Properties & Infrastructure Ltd., SCO 183-184, Sector 9-C, Madhya Marg, Chandigarh through its Managing Director.

……..Opposite Parties.

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Shri Amrinder Singh Sidhu, Member

                Mrs. Natasha Chopra, Member.

Present:     Complainant No.1 in person with counsel Shri Aksh Chetal, Advocate.

                OPs ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

               Complainants purchased plot measuring 110 sq. yards from OPs in Sector 116, Gold Links, SAS Nagar, Mohali. Plot No.B-441 was allotted in the name of complainants vide allotment letter dated 31.03.2014 issued by the OPs. That plot was first applied in the name of Vijay Gopal Jindal in whose favour allotment letter dated 01.09.2012 was issued on payment of Rs.11,98,725/-. Thereafter plot in question was sold to Shekhar Gupta and Preeti Khanna vide allotment letter dated 07.01.2013,  who further deposited amount of Rs.16,600/- only. Proof of deposit of EDC payment alongwith above payment attached with the complaint. Actual physical possession of the plot was to be delivered to the purchaser within 36 months with extended period of six months from the date of execution of plot buyer’s agreement, but subject to extension for the reasons beyond control of OP Company including force majeure. OPs failed to deliver the possession of the plot to the complainants within stipulated period from date of execution of plot buyer’s agreement i.e. 01.09.2012 and even they have not claimed extension of period, despite the fact that extended period of six months even lapsed on 29.02.2016. OPs failed to deliver possession of the plot to the complainants as per plot buyer’s agreement, despite sending of letters dated 15.06.2016 as well as numerous e-mails during the period from 29.08.2016 to 07.09.2016.  Reply dated 08.09.2016 was received from OPs through which offer of interest @ 10% was made for delay in delivery of possession. However, further period of delivery of possession was not disclosed. Complainants claimed interest @ 20% as per Gazettee Notification dated 26.03.2016 issued under Real Estate (Regulation and Development) Act, 2016. Complainants alongwith their daughter has to reside in rented accommodation bearing House No.A-16, Sector 116, Gold Homes, Kharar-Landran Link Road, SAS Nagar (Mohali) on payment of Rs.10,000/-  as rent per month since from 16.05.2016 and as such complainants had to bear that loss also, due to default of OPs in delivering the possession in time. Before that complainant used to reside in another rented accommodation bearing House No.2226, First Floor, Sector 64, SAS Nagar (Mohali) on monthly rent of Rs.14,000/- since from 01.12.2015 to 15.05.2016. As per Para 11.2 of terms and conditions, all disputes subject to jurisdiction of courts at Mohali and as such this
Forum has jurisdiction. OPs are not doing any effort for providing basic necessities like electricity, water supply, roads and sewerage supply etc. Full and final payment in respect of allotted plot No.B-441 has already been made by complainants to OPs and that is why this complaint for seeking delivery of actual physical possession of Plot No.B-441, Golf Links-II, Sector 116, Kharar-Landran Link Road, SAS Nagar (Mohali) alongwith basic standard amenities of electricity, water, sewerage and proper roads etc. Interest @ 20% for full paid amount of Rs.13,40,709/- also sought. Monthly paid rent for rented accommodation by complainants for period from 01.12.2015 ill date of actual delivery of possession even claimed. Compensation of Rs.1.00 lakh and litigation expenses of Rs.33,000/- more claimed. 

2.             OP No.1 and 3 were proceeded against ex-parte in this case, but OP No.2 earlier appeared through counsel Ms. Monika Sharma, but later on did not appear and nor cost of adjournment paid and as such OP No.2 also was proceeded against ex-parte vide order dated 06.07.2017. No written statement filed by OP No.2.

3.             Complainants to prove their case tendered in evidence their affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-36 and thereafter closed evidence.  

4.             Written arguments submitted by complainants. Oral arguments also heard and records gone through.

5.             Ex.C-1 is a document showing transfer of plot measuring 110 sq. meters in name of Tirlochan Kumar, on payment of Rs.12,97,450/- to Shekhar Gupta. Ex.C-2 was the original plot buyer’s agreement executed by OPs in favour of Vijay Gopal Jindal and Ms. Rekha Jindal on 01.09.2012. Confirmation about this original allotment in the name of Vijay Gopal Jindal and Ms. Rekha Jindal was given by OPs to Shekhar Gupta and  Ms. Preeti Khanna through Ex.C-3. Ex.C-4 is receipt of payment of Rs.16,600/- by Shekhar Gupta in favour of OPs.  Ex.C-5 is a document showing that total cost of the plot in question is Rs.12,97,450/- as worked out by the OPs. It is on the basis of sale agreement Ex.C-6 that Shekhar Gupta sold the plot in question to Tirlochan Kumar on basic sale price of Rs.11.00 lakhs, but on payment of EDC charges of Rs.1,97,450/-. Payments made by Tirlochan Kumar on 15.01.2014 and 30.01.2014 even reflected in copy of statement of account Ex.C-7. So from this documentary evidence produced on record, it is made out that though original plot in question purchased by Vijay Gopal Jindal and Ms. Rekha Jindal, but they transferred the same in favour of Shekhar Gupta and Ms. Preeti Khanna, who further transferred the same in the name of present complainants Tirlochan Kumar and Kamlesh Kanta. So certainly complainant being transferee of the plot in question for consideration, entitled to get possession of the plot as per original terms and conditions of the agreement arrived at between the OPs and the original allottees. As per Clause 5.1 of Ex.C-2, possession was to be handed over to original allottees Shri Vijay Gopal Jindal and Ms. Rekha Jindal within 36 months or within extended period of 6 months from the date of execution of plot buyer’s agreement, but subject to extension due to reasons beyond control of OP Company. This plot buyer’s agreement was arrived at on 01.09.2012 and as such possession was to be delivered by 01.09.2015, but by extending the period of six months more, the same was to be delivered by 01.03.2016. However, that possession, as per claim of complainants has not been handed over at all, despite notifying the transfer from the original allottees in the name of present complainant. So certainly there is deficiency in service on part of OPs in not sticking to their commitment of handing over of possession by stipulated date on 01.03.2016. No force majeure conditions shown to be existing in this case and as such possession was to be delivered by 01.03.2016, which is not done.

6.             Ex.C-3 is receipt showing that OPs also acknowledged under the signatures of authorised signatory regarding transfer of plot in question from Vijay Gopal Jindal and Ms. Rekha Jindal in favour of Shekhar Gupta and Ms. Preeti Khanna, who further transferred the same in favour of present complainant. In view of receipt of transfer fee by OPs, certainly OPs bound to deliver the possession to the latest transferee as per terms and conditions of buyer’s agreement Ex.C-2. However, that possession not delivered to complainant upto the stipulated period of 01.03.2016 referred above and as such OPs provided deficient services, due to which complainant had to submit applications through registered letters Ex.C-9 and Ex.C-12 to OPs for calling upon them to arrange for delivery of possession immediately.  These letters were sent through postal receipts Ex.C-10 and Ex.C-12 of 15.06.2016. Demand of paid rent for hired accommodation even put forth through Ex.C-9 and Ex.C-11. E-mail correspondence Ex.C-13 and Ex.C-17 in this respect also produced on record. It was through receipt Ex.C-15 sent through e-mail that OPs proposed 10% of rate of interest per annum for the delayed period starting from March, 2016. So OPs themselves through e-mail reply Ex.C-15 acknowledged that they delayed in delivery of possession since from March, 2016. In view of this admission of delay in delivery of possession since from 01.03.2016, the complainants entitled for compensation on account of rent paid by them for hiring accommodation w.e.f. 01.03.2016 onwards uptill 01.04.2018 because this complaint instituted on 15.03.2018 and possession not delivered till date.

7.              Ex.C-18 to Ex.C-29 are the photographs produced on record to establish that development work on the spot is not carried out. Even the clipping of Hindustan Times dated 17.11.2016 is produced on record. Owing to late delivery of possession, complainants certainly have suffered lot and have to pay rent and as such keeping in view the terms of rent agreement/rent note Ex.C-30 in mind, it is fit and appropriate to allow rent @ Rs.10,000/- per month for the period from 01.03.2016 to 01.04.2018 i.e. for period of 25 months. Receipts of payment of rent @ Rs.14,000/- per month produced as Ex.C-31 to Ex.C-33 alongwith the rent agreement dated 01.12.2015 Ex.C-34 for showing that rent @ Rs.14,000/- per month even was paid by complainants for the accommodation got by them of House No.2226, Sector 64, SAS Nagar. As the accommodation at lesser rate of rent namely at Rs.10,000/- per month was available to complainants w.e.f. 01.07.2016 as reflected by Ex.C-30, and as such, complainants could have hired the accommodation at lesser rate of rent of Rs.10,000/- also, but they chose to have accommodation for higher rate of rent at their own and as such lesser rate of rent alone should be allowed in favour of complainants. So rent note Ex.C-34 and Ex.C-35 providing for charging of rent @ Rs.14,000/- per month liable to be ignored. In view of this, certainly complainants entitled for getting possession of plot in question from OPs alongwith compensation for paid rent of amount of Rs.2,50,000/- w.e.f. 01.03.2016 to 01.04.2018 and also to compensation for mental agony and harassment. As possession already stood delayed to complainants and compensation in lieu of paid house rent even allowed and as such OPs are directed to deliver possession of the plot in question within 90 days from date of receipt of certified copy of the order. On awarded compensation amount of Rs.2,50,000/- of house rent, interest @ 6% per annum will be sufficient, in case payment of this compensation in lieu of paid house rent not made within 30 days from date of receipt of copy of order, but with effect from 01.04.2018 till payment. No interest on compensation for mental agony and litigation expenses should be allowed, but time limit for payment of these amounts needs be fixed.

8.             As a sequel of above discussion, the complaint allowed with direction to the OPs to deliver possession of the plot in question to the complainants within 90 days from the  date of receipt of certified copy of the order. Compensation for payment of rent of amount of Rs.2,50,000/- also allowed in favour of the complainants and  against the OPs. Compensation of mental agony and harassment of Rs. 20,000/- and litigation costs of Rs. 5,000/- more allowed in favour of the complainants and against the OPs. Payment of these amounts of compensation and litigation costs be made within 30 days from date of receipt of certified copy of order. In case amount of rent not paid within 30 days from the date of receipt of certified copy of the order, then the complainants will be entitled to further interest @ 6% per annum on rent amount of Rs.2,50,000/- w.e.f 01.04.2018 till payment.  However, no interest allowed on amount of compensation for mental agony and litigation   expenses.  Certified copies of the order be sent to the parties as per rules. File be consigned to the record room.

Announced

March 15, 2018.

                                                                (G.K. Dhir)

                                                                President

                                                                   (Amrinder Singh Sidhu)                                                                 Member

(Mrs. Natasha Chopra)

Member