Tamil Nadu

South Chennai

CC/41/2017

Vinod kumar - Complainant(s)

Versus

M/s.ETA Star Property Developers Ltd - Opp.Party(s)

Party in Person

05 Mar 2020

ORDER

Date of filing      : 31.01.2017                                                                                                             Date of disposal : 05.03.2020

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.41/2017

DATED THIS THURSDAY THE 05^TH DAY OF MARCH 2020

                                 

1.  Mr. Vinod Kumar,

S/o. Mr. Chellora Veedu Rajan,

 

2. Mrs. Sravana Sandhya,

W/o. Mr. Vinod Kumar,

 

Both are residing at:-

ETA STAR-Globevill,

Block 2, Apartment No.319,

Bangalore NH4 Highways,

Opposite to Saint Gobain,

Mambakkam,

Sriperumbudur Tk,

Kanchipuram District – 602 106.                                  .. Complainants.                          

 

..Versus..

 

 

M/s. ETA Star Property Developers Ltd.,

Represented through its Managing Director,

No.10 & 11, Dr. Radhakrishnan Salai,

Chennai Citi Centre,

4^th Floor, Mylapore,

Chennai – 600 004.                                                    ..  Opposite party.

 

Counsel for the complainants     : M/s. Shivesh Kumar Singh

Counsel for the opposite party   : M/s. R & P Partners

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainants against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to issue the mandatory required Occupancy Certificate of the flat No.319, block 2 at ETA Star Globevill immediately within time frame to be prescribed by this Hon’ble Court failing which, they be levied with a compensation amounting to Rs.50,000/- in lieu to be met legal or otherwise expenses in obtaining from concerned authorities, to pay a sum of Rs.6,50,000/- towards compensation for unfair trade practice, mental agony, harassment etc with cost to the complainants.

1.    The averments of the complaint in brief are as follows:-

The complainants submit that on seeing the advertisement and brochure, the complainants booked and purchased a dwelling flat measuring 738 sq. ft. vide No.319, Block 2 at ETA STAR GLOBEVIL Sriperumbudur in April 2014 as per Sale deed dated:04.04.2014.   The undivided share of land 251 sq. ft was executed as per the construction agreement dated:05.03.2014 bearing registered as Doc. No.1358/14 of 2014 before the office of SRO Sunguvarchattiram for a total consideration of Rs.20,55,012/-.  After due payment, the opposite party handover possession of the apartment.  But the opposite party failed to give Occupancy Certificate and Completion Certificate.   The complainants submit that the opposite party failed to provide amenities as per the brochure.  Even after repeated requests and issuance of notice dated:03.01.2016 for which, the opposite party sent reply dated:20.09.2016 with false allegations.  The opposite party has not come forward to settle the demand of the complainants.  The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainants to strict proof of the same.    The opposite party states that the complainants purchased a dwelling flat measuring 738 sq. ft. and claiming all amenities mentioned in the brochure has not been complied with the project features as given in the Brochure like (1) Ryan International School (2) Hospital (3) Commercial Complex (4) Convenience Store (5) Security (6) Gymnasium (7) Jogging Track etc.   But none of the apartment owners paid amount for such amenities.  The opposite party states that after the construction is completed, the complainants took possession of the apartment and occupied the apartment is admitted.   The handing over certificate also issued to the complainants on 02.05.2015.   The opposite party states that the Occupancy Certificate is applicable only for commercial building and not for residential apartment.   Therefore, there is no deficiency in service on the part of the opposite party and hence, the compliant is liable to be dismissed.

3.     To prove the averments in the complaint, the complainants have filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 to Ex.B3 are marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainants are entitled to the Occupancy Certificate as prayed for?
2. Whether the complainants are entitled to a sum of Rs.6,50,000/- towards compensation for unfair trade practice, mental agony, deficiency in service with cost as prayed for?

5.      On point:-

The opposite party filed his written arguments.   Heard both Counsels also.   Perused the records namely; the complaint, written version, proof affidavits and documents.   The learned Counsel for the complainants would contend that on seeing the advertisement and brochure, Ex.A2, the complainants booked and purchased a dwelling flat measuring 738 sq. ft. vide No.319, Block 2 at ETA STAR GLOBEVIL Sriperumbudur in April 2014 as per Ex.A1 Sale deed dated:04.04.2014 with undivided share of land 251 sq. ft was executed and the Construction Agreement, Ex.B1 was executed on 05.03.2014 bearing registered as Doc. No.1358/14 of 2014 before the office of SRO, Sunguvarchattiram for a total consideration of apartment Rs.20,55,012/-.  After due payment, the opposite party handover possession of the apartment.  But miserably failed to give Occupancy Certificate and Completion Certificate as per G.O. (Ms) No.53 Housing and Urban Development (UD4(3)) Department dated:16.04.2018  which is mandatory.   Since it is denied by the opposite party it amounts to unfair trade practice.  Further the contention of the complainants is that the opposite party miserable failed to provide amenities as per the brochure.  Even after repeated requests and issuance of Ex.A3, notice for which, the opposite party sent reply Ex.A4 with untenable contentions proves the deficiency in service and unfair trade practice.  Hence, the complainants are constrained to file this case claiming Occupancy Certificate and compensation.

6.     The contention of the opposite party is that admittedly, the complainants purchased a dwelling flat measuring 738 sq. ft. and claiming all amenities mentioned in the brochure has not been complied with the project features as given in the Brochure like (1) Ryan International School (2) Hospital (3) Commercial Complex (4) Convenience Store (5) Security (6) Gymnasium (7) Jogging Track etc.   But none of the apartment owners paid amount for such amenities.  But it is very clear from Ex.A2, brochure that there is no specification of additional payment for such amenities which amounts to unfair trade practice.  Further the contention of the opposite party is that after the construction is completed, the complainants took possession of the apartment and occupied the apartment is admitted.  Due handing over certificate also issued on 02.05.2015 as per Ex.B3.   The claiming of Occupancy Certificate is applicable only for commercial building and not for residential apartment.  But it is very clear that the complainants are entitled for Completion Certificate which has not been provided by the opposite parties till date proves the deficiency in service.   Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall give the Completion Certificate within 3 months, failing which, the opposite party shall pay a sum of Rs.25,000/- and to pay a sum of Rs.30,000/- towards compensation for mental agony with cost of Rs.10,000/- to the complainants.

In the result, this complaint is allowed in part.  The opposite party is directed to give the Completion Certificate within 3 month, failing which, the opposite party shall pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) with a compensation of Rs.30,000/- to (Rupees Thirty thousand only) for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainants.

The above amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 05^th day  March 2020. 

 

MEMBER                                                                                                                                                                                                PRESIDENT

COMPLAINANTS’ SIDE DOCUMENTS:-

Ex.A1	29.01.2014	Copy of Sale Deed
Ex.A2		Brochure
Ex.A3	03.01.2016 & 04.10.2016	Letter of ETA Globevill Owners Welfare Society & copy of letter of the opposite party to complainants
Ex.A4	15.11.2016	Copy of e-mail communication of CREDAI

 

OPPOSITE PARTY SIDE DOCUMENTS:-  

Ex.B1	05.03.2014	Copy of Agreement for construction
Ex.B2	04.04.2014	Copy of Sale Deed
Ex.B3	02.05.2014	Copy of apartment handing over letter

 

 

 

MEMBER                                                                                                                                                                                                PRESIDENT