Chandigarh

DF-II

CC/403/2020

Sanjay Kansal - Complainant(s)

Versus

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

In Person

03 Aug 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

 

Consumer Complaint  No	:	403 of 2020
Date  of  Institution	:	25.08.2020
Date   of   Decision	:	03.08.2021

 

 

 

 

1]  Sanjay Kansal son of Late Sh.K.K.Kansal, aged 51 years,

2]  Vandana Kansal wife of Sh.Sanjay Kansal, aged 48 years,

Correspondence Address:- Flat No.204, GHS-84, Sector 20, Panchkula, Haryana Pin Code 134116

             …..Complainants

Versus

1]  Omaxe New Chandigarh Developers Private Limited (earlier known as Omaxe Chandigarh Extension Developers Private Limited) having its Corporate Office at India Trade Tower, First Floor, Madhya Marg Extension, New Chandigarh, Distt.SAS Nagar, Mullanpur, Punjab 140901

    Regional Office: SCO No.143-144, First Floor, Sector 8-C, Madhya Marg, Chandigarh 160008 through its  Chairman/Managing Director/Director/Authorised Signatory.

    Registered Office:-   10, L.S.C. Kalkaji, New Delhi 110019 through its Chairman / Managing Director/ Director/ Authorised Signatory.

2]  Sh.Rohtas Goel, Chairman & Managing Director, Omaxe New Chandigarh Developers Private Limited (earlier known as Omaxe Chandigarh Extension Developers Private Limited), 10, L.S.C. Kalkaji, New Delhi 110019

     ….. Opposite Parties 

 

BEFORE:  SH.RAJAN DEWAN             PRESIDENT

         SMT.PRITI MALHOTRA             MEMBER

                                SH.B.M.SHARMA                    MEMBER                         

 

 

Argued by :-  Complainant in person.

   Sh.Arjun Sharma, Adv. for OPs

 

 

PER B.M.SHARMA, MEMBER

 

         Concisely put, the complainants in response to their application dated 30.9.2011 (Ann.C-1) were allotted one residential plot No.OCE/II/437 measuring 304.14 sq. yards by the OPs in their project known as “Omaxe Chandigarh Extn.”, Punjab on 14.3.2013 vide allotment letter (Ann.C-8).  The net amount payable by the complainants to the OPs for the said plot was Rs.7839613/- per Statement Ann.C-9. It is averred that per Clause 24(a) of allotment letter, the OPs were to deliver the possession of the plot in question, after completion of development work, within 24 months from the date of signing of the allotment letter/agreement dated 14.3.2013 i.e. latest by 13.3.2015.  The complainants by 31.5.2016 had paid an amount of Rs.74,24,299/- i.e. more than 95% of the total sale consideration, as detailed in Para No.18 of the complaint, to the OPs, but the OPs failed to deliver the possession of said plot.  Stated that the OPs instead of delivering the possession of plot, vide letter dated 10.4.2017 (Ann.C-11) intimated the complainant about relocation of their plot to Plot NO.638 measuring 301.39 sq. yards and when it was rejected by complainants, the OPs vide letter dated 25.1.2018 (Ann.C-13) offered relocation to other plot NO.641, which too was refused by complainants, as they never requested for relocation of plot. It is stated that the OP Company launched the project in question and also allotted plot to the complainants, without having possession necessary approvals/sanction for the same from the concerned authorities.  It is also stated that the OPs failed to deliver the originally allotted plot to the complainants despite receipt of more than 95% of the plot amount. Also stated that complainants also visited the project site and found that the basic amenities like electricity, water, roads, sewerage, recreational facilities, hospitals, schools etc. as promised were missing.  Ultimately, the complainants left with no alternative, as the OPs failed to develop the site, having no sanctions & approvals at the time of taking money as well as having failed to deliver the possession of originally allotment plot No.437, requested the OPs to refund their amount with interest as imposed by them on default/delayed payment as well as compensation, but to no avail. Hence, this complaint has been filed alleging the said act & conduct of the OPs as gross deficiency in service and unfair trade practice.

 

2]       The OPs have filed joint reply and while admitting the factual matrix of the case, stated that the allotment of plot No.OCE/II/437 was tentative/provisional in nature and finalization of the same was subject to other terms & conditions as mentioned in allotment letter dated 14.3.2013.  Further, on completion of the project, OP NO.1 vide letter dated 10.4.2017 re-allotted Plot No.638 instead of original Plot No.OCE/II/437 to the complainants, which was ready for possession, but they refused.  Thereafter, OP NO.1 vide letter dated 25.1.2018 again re-allotted another Plot NO.641 instead of original plot to the complainants and asked them that it is ready for possession,  but they again refused to take possession of the same.  Ultimately, the complainants were conveyed the refund of money vide letter dated 27.11.2019 along with interest @8% p.a., which was also refused by them. It is pleaded that the project in question is registered with Punjab Real Estate Regulatory Authority and all the necessary approvals/sanctions qua the project in question are available on the official portal of Punjab Real Estate Regulatory Authority. It is also pleaded that OPs have acted as per allotment letter. Denying other allegations, prayed for dismissal of complaint.

 

3]       Rejoinder has also been filed by the complainants thereby reiterating the assertions as made in the complaint and controverting that of the replies filed by OPs.

4]       Parties led evidence in support of their contention.

5]       We have heard the ld.Counsel for the parties and have gone through entire documents on record including written arguments.

6]       Considering all the documents on record, pleadings of the parties and evidence, we are of the opinion that the OP-Builder remained grossly deficient in their services and also indulged into unfair trade practice by not delivering the possession of the originally allotted plot to the complainants despite receipt of more than 95% of the amount of the plot. The OP Builder failed to fulfil its contractual obligation by offering possession of the originally allotted plot/unit to the complainants, having basic amenities, within the time stipulated in the agreement or within a reasonable time, so the complainant/purchaser cannot be compelled to take possession of another plot in lieu thereof that too much after the agreed period. A buyer/complainants to have a comfortable life and having paid his/her hard earned money to have a house, is not supposed to wait indefinitely for possession. The complainants are not obliged to accept any other offer of OPs when they failed to deliver the originally allotted plot. The request of the complainants for refund of the amount paid with interest so charged by them in default, has also not been acceded to by the OPs.  The OPs have accepted the money, but failed to honour the commitment/promise made with complainant, so they are liable to refund the amount alongwith interest from the respective dates of deposit till payment. Therefore, the deficiency in service as well as unfair trade practice resorted to by OPs, is clearly established, which not only caused huge financial loss to the complainants, but also caused them immense harassment & mental agony.     

7]       In the light of above observations, we are of the considered view that the Opposite Parties are found deficient in rendering proper service to the complainants and having indulged in unfair trade practice. Hence, the present complaint of the Complainants deserves to succeed against the Opposite Parties.  Accordingly, the complaint stands allowed with direction to OPs to refund the entire amount of the complainant i.e. Rs.74,24,299/- along with interest @18% p.a. from the respective dates of deposit till payment, as the OPs are themselves imposing interest @18% p.a. on one month delay in making payment & @24@ p.a. if delay is more than one month as per Clause 14 of the allotment letter/agreement.  The OPs are also directed to pay a compository amount of Rs.5,00,000/- (Five Lakh Only) to the complainants towards compensation for causing them mental agony and harassment as well as litigation expenses.

         The above said order shall be complied with by the Opposite Parties within a period of 30 days from the date of receipt of its copy, failing which they shall be liable to pay additional cost of Rs.25,000/- apart from the above awarded amount.

        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced                                                             

3^rd August, 2021                                                                                                                               sd/-

                                      (RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

 

Sd/-

 (B.M.SHARMA)

MEMBER