STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UNIONTERRITORY,CHANDIGARH
Consumer Complaint 62 of 2013 |
Date of Institution | 04.09.2013 |
Date of Decision | 27.11.2013 |
1.Randhir Singh S/o Bharat Singh, H.No.294, Sector 7-A,Chandigarh.
2.R. S. Shehrawat S/o Neki Ram, H.No.436-I Block, Shikhar Apartments, GH-2, M.D.C., Sector 5, Panchkula.
VERSUS
Omaxe Chandigarh Extension Developers (P) Ltd. through its Chief Executive Officer/Director/M.D., SCO 143-144, 1st
BEFORE: JUSTICE SHAM SUNDER (RETD.), PRESIDENT
Argued by:Ms. Randhir Singh Sherawat, Advocate alongwith
PER DEV RAJ, MEMBER
Punjab. It was stated that the representative/official of the Opposite Party, assured the complainants, that all work of the project, including clear demarcation of plots, would be completed, before handing over of the allotment letter. It was further stated that the complainants jointly booked one plot measuring 300 sq. yards @Rs.18,000/- per sq. yard (including EDC & IDC) and also deposited 25% of the total cost of the plot, which was Rs.13,50,000/- on 6.12.2010 vide receipt (Annexure A). It was further stated that the complainants deposited the next installment of 15% of Rs.8,10,000/- on 29.6.2011 vide receipt (Annexure B). It was further stated that complainant No.1, was intimated the date of draw of lots being 12.12.2011 vide letter dated 19.11.2011 (Annexure C). It was further stated that complainant No.1 was provisionally allotted plot No.903 measuring 301 sq. yards, vide letter dated 12.12.2011 (Annexure D). It was further stated that the complainants received letter dated 5.1.2012 from the Opposite Party, asking them to pay next installment of 10% of the total cost, which was replied to by them vide letter dated 6.2.2012 (Annexure F). It was further stated that instead of carrying out any development, at the site, the Opposite Party sent reminders dated 23.2.2012, 13.03.12, 1.5.2012, 14.6.2012 and 11.7.2012 (Annexures G, H, J, L and N respectively), which were replied to by the complainants vide letters dated 9.4.2012, 5.5.2012, 5.7.2012 and
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9. New Delhi
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Description | Amount Due (Rs.) | Due date | Amount paid (Rs.) | Date on which paid |
At the time of booking | 13,56,210.00 | 6.12.2010 | 13,50,000.00 | 6.12.2010 |
At the time of allotment | 8,13,726.00 | 12.12.2011 | 8,10,000.00 | 28.6.2011 |
Within 2 months of allotment | 5,42,484.00 | 10.02.2012 | Nil | |
Within | 5,82,484.00 | 10.04.2012 | Nil | |
Within next 3 months | 5,42,484.00 | 09.07.2012 | Nil | |
Within next 3 months + part of additional charges | 5,82,484.00 | | Nil | |
Within next 3 months | 5,42,484.00 | | Nil | |
Within next 3 months | 2,71,242.00 | | Nil | |
On offer of possession + other charges (if any) | 2,71,242.00 | | Nil | |
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“Timely payment of Installments of basic sale price and allied charges pertaining to Residential Plot is the essence of the terms of the booking/allotment. However in the event of breach of any of the Terms and Conditions of the allotment by the applicant/allottee, the allotment will be cancelled at the discretion of the company and the aforesaid earnest money together with any brokerage, interest on installments due but unpaid and interest on delayed payments shall stand forfeited. The balance amount shall be refundable to the applicant/allottee without any interest, after the said residential plot is allotted to some other intending allottee and after compliance of certain formalities by the allottee. Further, if any discounts/concessions have been given by the company in the basic sale price/in the payment term to the buyer(s) hereby authorize the company to withdraw such discount/concession and demand the payment of such discount/concession amount as a part of sale consideration amount which the allottee hereby agree to pay immediately. The company in its absolute discretion may condone the delay by charging penal interest @18% per annum for up to one month delay from the due date of payment and @24% per annum thereafter on all outstanding dues from their respective due dates.”
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Opposite Party is directed to refund the amount of Rs.21,60,000/-, to the complainants,
Opposite Party is directed to pay cost of litigation, to the tune of Rs.10,000/-, to the complainants.
In case the payment of amount, mentioned in Clause (i), is not made, within the stipulated period, then the Opposite Party shall be liable to pay the said amount, with interest @9% per annum, from the respective dates of deposit, till realization besides payment of costs, to the tune of Rs.10,000/-.
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Pronounced.
November 27, 2013 [JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
Sd/-
[DEV RAJ]
MEMBER
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STATE COMMISSION
(Consumer Complaint No.62 of 2013)
Argued by:Ms. Randhir Singh Sherawat, Advocate alongwith
Sh. Munish Gupta, Advocate for the Opposite
Dated the 27th day of November, 2013
ORDER
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(DEV RAJ) MEMBER | (JUSTICE SHAM SUNDER (RETD.)) PRESIDENT | |
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