Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 458
Instituted on : 18.08.2023
Decided on : 18.11.2024
Komal Khanna age 49 years d/o Sh. S.S.Khanna R/o H.No.953-A, Ward No.28, Bharat colony, Rohtak.
………..Complainant.
Vs.
- Sahara India Commercial Corporation Limited (Infrastructure and Housing Division) through its Chairman Cum Managing Director Mr. Subrato Rai Regd. Office command office at Sahara India Bhawan 1 Kapoortala Complex, Luckhnow.
- Sahara Prime City Limited (Infrastructure and Housing Division) through its Chairman Cum Managing Director Mr. Sushanto Roy home and Sales Marketing Regd. At Sahara India Bhawan 1 Kapoortala Complex, Luckhnow.
- Sahara Prime City Limited (Infrastructure and Housing Division, Zone office 2nd floor, Goderaj Millennium Building, 9th Koregaon Park Road, near-Taj Blue Diamond Hotel, Pune, through its Zonal officer.
- Sahara Prime City Limited (Infrastructure and Housing Division, Site Office Sahara City Homes, 15K.m Milestone, Near Ashok Van, GavsiManapur, Wardha Road, Nagpur. Through its Sales Manager.
- Sahara Prime City Limited (Infrastructure and Housing Division) Sahara City Homes Marketing and sales Corporation, 2 Floor Ganga Place Complex, Subhash Road, Rohtak Manager/Branch Head.
……….Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR.TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Sh. Sanjay Kumar Kaktan, Advocate for complainant.
Sh. JasvirKundu, Advocate for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case, as per the complainant are thatshe had applied for Dehradun units under Sahara City Homes Scheme vide application no.124020472885. On the application of complainant, opposite parties booked a 3 bedrooms unit at Dehradun under Sahara City Homes Scheme in September 2005 and complainant paid Rs.4600/- as registration amount on 14/09/2005 and after that she paid installments amount of Rs.1,15,645/- to the opposite parties as per the terms and conditions on 27/09/2005. Later on the opposite parties dropped their housing scheme for Dehradun city and offered a further proposal regarding their housing scheme in another city. Complainant accepted the offers of opposite parties and choose the said housing scheme for Nagpur city in place of Dehradun city and opposite parties confirmed the application of the complainant and registered the booking vide unit code 32 and unit no.C4/204 in Sahara City Homes Nagpur i.e. 3 bedrooms on Second floor measuring unit area 117.91 sq.mt in the name of the complainant vide letter dated 24/03/2009 and unit price is fixed Rs.24,88,981/- by the opposite parties which was to be paid in sixteen monthly installments . The said unit was allotted to complainant and later on opposite parties issued allotment letter vide letter dated 14/07/2009. The complainant made payments of all installments of the booked unit as per schedule but later on opposite parties illegally demanded the service tax vide letter dated 20/09/2010. The opposite parties did not handover the possession of the above booked unit within time limit and also did not execute the sale deed of the said unit and in this regard complainant wrote a later to opposite parties on 11/03/2011 by stating her grievances and in reply to the same, opposite parties sent a letter dated 22/03/2011 and demanded the details of the booked unit which were already supplied to opposite parties and the opposite parties knowingly did the same just to cover up their gross negligence and deficiency in service. Later on, opposite parties sent a letter dated 16/04/2013 to the complainant vide which they gave intimation regarding ‘Fit out possession’ for unit no.C4/204 booked against control no.20871500020 at Sahara city Homes, Nagpur, whereas neither possession letter nor the sale deed was executed by the opposite parties till date. As per letter dated 24/03/2009 opposite parties booked unit i.e. 3 bedrooms on Second floor measuring unit area 117.91 sq.mt unit and price was fixed as Rs.24,88,981/- and complainant made the payments of all installments but later on opposite parties illegally demanded the charges on one pretext or the other before handing over the possession of the units and complainant had to pay Rs.2,08,130/- for electricity charges etc. but till date even after making all the payments the opposite parties neither issued possession letter to complainant nor executed thesale deed in favor of the complainant. Opposite parties also demanded the rent deedcopy for official purpose from the complainant andcomplainant provided the same and also fulfilled all the formalities which were being asked for time to time by the opposite parties. Opposite parties had agreed to complete the construction of the unit and to give possession of thesame within a period of 38 months from the date of allotment letters but failed to comply with the terms& conditions as agreed. The complainant requested the opposite parties to execute the sale deed of the above said booked unit but they did not pay any heed towards the genuine request of the complainant. Due to the fault/inaction of the opposite parties, complainant is facing financial losses, inconvenience, mental tension, and harassment etc. Hence this complaint and it has been prayed that opposite parties may kindly be directed to execute the sale deed in favour of the complainant against the above said booked unit or to make the payment of sale price at the prevailing market rate of the said booked unit alongwith interest rate 24% P.A. from the date of allotment i.e. 14/07/2009 till its realization and also to pay the compensation of Rs.5,00,000/- for causing mental tension, agony etc. to the complainant and also to pay Rs.15000/- as litigation expenses to the complainant.
2. On notice, opposite parties appeared but failed to file reply despite availing sufficient opportunities and therefore, the defence of opposite parties was struck off vide order dated 08.01.2024 of this Commission.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C32 and closed his evidence on 20.03.2024.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case it is not disputed that as per receipt Ex.C4 to Ex.C6, complainant had deposited an amount of Rs.151117/- each on 16.07.2010, 17.06.2010 and 14.05.2010 respectively. As per installment statement Ex.C7 complainant had deposited total amount of Rs.2188549 on different dates w.e.f. 27.09.2005 to 14.06.2010. Ex.C8 is also the installment statement which are already mentioned in installment statement Ex.C7. Opposite party issued allotment letter Ex.C10 to the complainant on dated 14.07.2009, as per which the price of unit is Rs.2488981/- and the possession of the unit was proposed to be handed over within 16 months from the date of allotment. As per receipt Ex.C14, complainant had deposited an amount of Rs.7782/- on 13.12.2011 on account of service tax. As per letter Ex.C19 dated 22.03.2011, it was informed to the complainant that the possession will be given within few months’ time. Ex.C20 is the copy of letter dated 16.04.2013 regarding ‘Fit out possession’ of the unit of complainant. On the other hand, opposite parties failed to file reply despite availing sufficient opportunities and as such defence of opposite parties was struck off, which shows that opposite parties have nothing to say in the matter.
6. We have also perused the meaning of ‘Fit out possession’ on google, which is as under:-
“Fit out possession also known as soft possession, is when a developer gives a home buyer permission before the occupation certificate(OC) is issued. This allows the buyer to start interior work and move in once OC is granted”. As per our opinion, the ‘fit out possession’ has no meaning, if the buyer/consumer cannot utilize the apartment, he cannot reside in his premises. The electricity, water supply and sewerage connection are not in running condition. Merely the interior work can be completed by the buyer. Hence due to nonissuance of occupation certificate and non-execution of sale deed, complainant was deprived of her legal right over the alleged flat. Unless the sale deed is registered, the buyer cannot legally become the rightful owner of the property. The complainant had made the complete payment of the alleged flat till 2010,butno actual physical possession has been given by the opposite partiestill date. Hence she is unable to become the rightful owner of the properly and all her investment gone waste and she has suffered great financial loss. As per the documents placed on record by the complainant, she had deposited Rs.3316613/- for the alleged flat alongwith S.T. & other charges Rs.219803/-, which is proved from the documents Ex.C4 to Ex.C59(which includes receipts of payments and other documents).
7. Inview of the facts and circumstances of the case, we hereby allowthe complaint and direct the opposite party no.1 to 5jointly and severallyto issue the actual physical possession/occupation certificate and to execute the sale deed of above said flat bearing no.C4/204 in Sahara City Homes, Nagpur measuring 117.91 sq. mt. in the favourof complainant and also to pay interest @ 9% on the amount deposited by the complainant i.e.3316613/-(Rupees thirty three lacs sixteen thousand six hundred and thirteen only) from the date of offer of ‘fit out possession’ i.e. 16.04.2013 till its realization and shall also pay a sum of Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service & harassment etc. and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
18.11.2024.
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Nagender Singh Kadian, President
…………………………………..
TriptiPannu, Member.
………………………………….
Vijender Singh, Member.
