Chandigarh

DF-II

CC/427/2020

Pankaj Rana - Complainant(s)

Versus

Primary Estates & Developers Pvt. Ltd. - Opp.Party(s)

Savinder Singh Gill & Hoshiar Chand

09 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	427/2020
Date of Institution	:	01.09.2020
Date of Decision	:	09.06.2023

 

                                       

                                               

Pankaj Rana s/o Sh.Om Parkash r/o H.No.3252, 1^st Floor, Sector 27-D, Chandigarh -160019.

        ...  Complainant.

Versus

1.     Primary Estates & Developers Pvt. Ltd., having its Regd. Office at H.No.38, Sector 10A, Chandigarh through its Directors Sh.Jashneet Singh, Sh.Vijay Singh, Sh.Gulshan Wadhawan, Sh.Samar Mohan Ranga and Sh.Ashish Sachdeva.

2.     M/s Bajwa Developers Ltd., Regd. Office at Sunny Enclave, Desu Majra, Tehsil-Kharar, District Mohali, Punjab through its Director Sh.Jarnail Singh Bajwa.

…. Opposite Parties.

BEFORE:   

 

SMT.SURJEET KAUR, PRESIDING MEMBER

SHRI B.M.SHARMA, MEMBER

 

Argued by:-

                  

                   Sh.Hoshiar Chand, Adv. for complainant

                   None for OP No.1

                   Sh.Inderpal Singh Bains, Adv. for OP No.2

 

 

PER SURJEET KAUR, PRESIDING MEMBER

1.         Brief facts of the case as alleged by the complainant are that he booked an independent floor in the project being developed by the OPs under the name and style “Arcadia Country Homes” situated at Sector 123, SAS Nagar, Mohali on 17.07.2016. Vide allotment letter dated 24.07.2016 (Annexure C-1), the complainant was allotted Floor/Flat No.1251/FF in the said project for total price of Rs.22.00 lakhs. The complainant paid a sum of Rs.20,62,406/- to the OPs in different installments vide Annexures C-2 (Colly) by availing the loan from the Bank. The Floor Buyer’s Agreement was executed between the complainant and OP No.1 on 24.07.2016 (Annexure C-3),  and as per Clause 10(a) of the said agreement, the possession was to be given within 18 months from the signing the agreement or from the date of commencement of the construction i.e. by 23.07.2018.  It has been averred that OPs offered the possession of the unit on 26.01.2020 (Annexure C-6) without obtaining the completion certificate and occupation certificate.  There was inordinate delay in offering the possession of the unit. As per the District Town Planner, GMADA, Mohali, OP No.2 was declared a defaulter and no completion certificate was issued in respect of the project in question till date.  The project site lacks the basic amenities what to talk of the promises by OP No.1. Moreover, OP No.1 was registered as a promoter by GMADA on 13.02.2014, which was valid upto 30.11.2018. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant complaint.
2.         In its written statement, OP No.1 while admitting the factual matrix of the case has stated that the registry of the unit in question was registered in favour of the complainants on 17.02.2021 registered at Sub Registrar, Kharar vide document No.2020-21/15/1/12221 on 18.02.2021.   It has further been stated that the complainant has executed MOU on 30.01.2019 and as per clause 3 of the said MoU, he has inspected the unit to his full satisfaction and ready to take over the physical possession of the unit on as it is basis and he also undertakes that after taking the physical possession of the unit /registry of the unit, he shall relinquish all his rights to initiate any legal proceedings against OP No.1. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, OP No.1 prayed for dismissal of the complaint.
3.         The parties led evidence by way of affidavit and documents.
4.         We have heard the learned counsel for the contesting parties and gone through the record.
5.         During the course of oral arguments, it has been stated by the Counsel for the complainants that the sale deed qua the apartment in question has already been executed by OP No.1 in favour of the complainant on 18.02.2021 and the complainant wants to pursue the matter only for the compensation and litigation expenses.
6.         Undoubtedly, the hard earned money of the complainant remained in possession of OP No.1 since the year 2016 onwards and the possession of the apartment in question as per the agreement in question was to be handed by 23.07.2018. The present complaint was instituted before this Commission on 01.09.2020. Admittedly, the sale deed qua the apartment in question was executed in favour of the complainant(s) on 18.02.2021 meaning thereby that OP No.1 had delayed the matter for execution of the sale deed qua the unit in question approximately for 3 years for the reasons best known to them. 
7.         Keeping in view overall facts and circumstances of the case, we are of the considered view that the ends of justice would be met if the complainants are awarded lump sum compensation of Rs.50,000/- on account of mental agony and physical harassment as well as litigation expenses.
8.         In view of the foregoing discussion, the complaint is partly allowed with a direction to OP No.1 to pay lump sum compensation of Rs.50,000/- on account of mental agony and physical harassment as well as litigation expenses  to the complainants within a period of 45 days from the date of receipt of its copy failing which they shall be liable to pay interest @9% per annum on the awarded amount from the date of this order till it is paid.
9.         The complaint qua OP No.2 stands dismissed.
10.         Pending miscellaneous application, if any, also stands disposed off.
11.         Certified copy of this order be communicated to the parties, free of charge, as per rules. After compliance file be consigned to record room.

Announced 09/06/2023
	Sd/- (SURJEET KAUR) PRESIDING MEMBER
	Sd/- (B.M.SHARMA) MEMBER