Chandigarh

DF-I

CC/1125/2019

Ashwinder Kaur - Complainant(s)

Versus

Omaxe Chandigarh Extension Developers Pvt. Ltd. - Opp.Party(s)

B.S. Bisht

20 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/1125/2019
Date of Institution	:	20.12.2019
Date of Decision	:	20/7/2023

 

1.   Ashwinder Kaur w/o Shri Birinder Singh resident of H. No. 2528, Sector 35-C, Chandigarh.

2.   Birinder Singh Gujral S/o Shri Tarlok Singh Gujral, resident of H. No.2528, Sector 35-C, Chandigarh.

… Complainants

V E R S U S

1. Omaxe Chandigarh Extension Developers Pvt. Ltd. India Trade Tower, First Floor, Madhya Marg Extension, New Chandigarh (Mullanpur), District SAS Nagar-Mohali.

.  … Opposite Party

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

                       

ARGUED BY		Sh. Lalit Chander Sharma, vice counsel for Sh. B.S. Bisht, counsel for complainants.
		Sh. Ishmeet Singh, counsel for OP.

Per SURJEET KAUR, Member

1. Briefly stated, the complainants booked a commercial space with OP in its project Clockton High Street at Omaxe New Chandigarh. Accordingly SCO No.78 on second floor having area of 1379 square feet at Omaxe New Chandigarh was allotted to the complainants vide letter date 15.6.2016. As per addendum to allotment letter dated 15.6.2016 upon receipt/realization of a sum of Rs.52,50,000/- as an advance of basic sale consideration of the unit in terms of Annexure B of the allotment letter, the company was to pay a sum of Rs.52500/-  per month as commitment charges against the said advance commencing immediately from the date of expiry of 60 days from the date for booking of the said unit and only after realization of 100% of basic sale consideration amount till offer of possession for fit out. Accordingly on deposit of 100% of basic sale consideration amount i.e. Rs.52,50,000/- as an advance of basic sale consideration of the unit the company started paying commitment charges as per terms of addendum to allotment letter dated 15.6.2016.  However, the commitment charges were paid to the complainants upto April 2018 and stopped paying commitment charges thereafter.  On the other hand vide letter dated 21.5.2018 the OP offered possession of unit allotted to the complainants without completing the construction in all manners as promised and also asked for making full and final payment of the unit. The complainant made full and final payment on 5.6.2018. It is alleged that  the commercial complex was not yet completed in all manners, and the complainant vide letter dated 25.7.2018 complained against the incomplete construction and stopping of commitment charges  but neither the construction was completed nor commitment charges were paid to the complainants. Ultimately the complainant sent legal notice Annexure C-5 but to no avail. 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 Party in its reply took preliminary objection that the complainants are not consumers as the unit in question has been purchased  by them for commercial purpose.  It is averred that  possession of the unit in question was offered after obtaining occupancy certificate dated 21.2.2018 and the unit in question is ready in all respects but the complainants avoided taking possession of the commercial unit on one pretext or the other despite several requests and intimation by the OP and filed a false and frivolous complaint. It is vehemently denied that it failed to either make payment of commitment charges or handover possession for fit out. It is denied that there is any deficiency on the part of the OP.  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. The grouse of the complainants through the present complaint is that the OPs as per their promise kept paying commitment charges till April 2018 and but did not pay further after the offer of possession of the unit in question was given on 21.5.2018 vide Annexure C-3. As per the agreed terms and conditions the complainant had to pay the remaining payment of  commercial unit in question before taking possession of the unit in question. So the complainant made full payment on 5.6.2018. Subsequently, as per the case of the complainant she sent letter Annexure C-4 and legal notice C-5 with the demand of payment of commitment charges w.e.f. May 2018 till the fit out possession.
7. The stand taken by the OP is that the commitment charges as agreed upon were duly paid to the complainant till April 2018 and thereafter the offer of possession was made on 21.5.2018 and thereafter the complainant made full payment after her full satisfaction  and there is no work undone. Thus the complaint has no merit.
8. After going through the document on record it is abundantly clear from Annexure C-3 letter dated 21.5.2018 that the offer of possession of the unit in question was made to the complainants. Admittedly the complainants received commitment charges till offer of possession.  However, the complainants still asking for commitment charges on the ground that the unit in question was not complete in all respect.   As per OP they offered possession after they obtained occupancy certificate and the unit is ready in all respect. 
9. A thorough examination of record shows that the complainants have placed nothing on record which could prove that the unit in question was not complete in all respect.  Had this been the case the complainants would not have made the full payment on 5.6.2018 after receiving the letter of offer of possession on 21.5.2018.  If there were any discrepancies in the unit in question then the complainants should not have made the remaining payment towards the price of the unit in question but on the contrary she made the full payment after receiving the possession letter, which itself falsifies the stand of the complainants that they are entitled for commitment charges as the unit in question was not complete in all respect. Even otherwise she utterly failed to prove her case by way of any cogent documentary proof. Even the complainants have already taken possession of the unit in question on 30.4.2022 as evident from the Annexure X placed on record by the counsel for the complainant itself. Thus, the complainants have miserably failed to prove their case and the complaint is meritless.
10.  In view of the aforesaid discussion, the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs.
11.     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