BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Complaint  Case No  : 831 of 2009

Date of Institution :  10.06.2009

Date of  Decision   :  29.12.2009

Asha Gupta wife of Sh.Rajesh Gupta, Resident of Plot No.261, Industrial Area, Phase-I, Chandigarh.

 ….…Complainant

V E R S U S

Shalimar Estates Pvt. Ltd., SCO No.110-111, Sector 8-C, Chandigarh, through its Managing Director.

.…..Opposite Party

CORAM:    SH.JAGROOP SINGH MAHAL       PRESIDENT

          SH.SIDDHESHWAR SHARMA        MEMBER

          DR.(MRS) MADHU BEHL     MEMBER

Argued by:    Sh.Ravinder Pal Singh, Adv. for complainant.

Sh.Kapil Kumar, Adv. for OP. 

PER SH.JAGROOP SINGH MAHAL, PRESIDENT

          In brief, the complainant applied for one Residential Plot of 6 Marla vide Appl.No.4536 on 22.11.2001 in Phase-I of Shalimar Estate Naggal-Alipur, Distt. Panchkula (Haryana) and deposited a sum of Rs.12,150/- as earnest money with OP vide Ann.C-1.  The OP after conducting a draw of lots allotted Plot No.557P of 6 Marla to complainant at village Naggal vide Ann.C-2 whereupon she deposited a sum of Rs.21,262.50Ps. on 21.2.2002 as 15% of the total cost of the plot vide Ann.C-3.  Thereafter, the Sale Agreement (Ann.C-4) was entered into between the parties and according to it, the balance amount of Rs.10,0237.50 Paise was to be paid by the complainant in 6 annual installments with 15% interest.  The complainant paid all the said installments as per the schedule vide Ann.C-5 to C-10 and thereafter visited the OP on 19.1.2008 for registration of the plot, as per Clause 4 of the Sale Agreement, but the OP lingered on the matter on one pretext or the other nor they ever sought her consent for postponement of the date for registration of the plot.  Hence, this complaint has been filed alleging this act of OP as gross deficiency in service, due to which the complainant has suffered a lot. 

2]        OP filed reply and admitted the allotment of plot and deposit of the amount by the complainant.  However, it is stated that the complainant was intimated from time to time to deposit the due amount with upto date interest as per the terms & conditions for the allotment of residential plot but she has not bothered to clear the dues.  She neither deposited the due amount nor replied to various letters. It is also admitted that the as per Clause No.4 of the Sale Agreement, the registration date was fixed on or before 19.1.2008.  It is submitted that land in question is free hold land and the OP is the owner of it and they are not bound by the guidelines of HUDA and have got their own terms & conditions with regard to the allotment of the plot.  It is also submitted that the complainant filed this complaint just to escape herself from depositing the due amount with OP.  Rest of the allegations have been denied and it is prayed that the complaint be dismissed.

3]        Parties led evidence in support of their contentions.

4]        We have heard the ld.Counsel for the parties and have perused the record including the written arguments. 

5]        The contention of the OP is that they intimated to the complainant from time to time to deposit the due amount with upto date interest as per the terms and conditions for the allotment of the plot but the complainant has not bothered to clear the dues.  Nothing was mentioned in the reply or the affidavit as to what amount was due on which date which has not been deposited by the complainant.  Even this much was not mentioned in the written statement or the affidavit as to what is the total amount now due from the complainant due to which the sale deed is not executed in her favour.  The complainant has referred to annexure C-2 issued by the OP in which it was mentioned that a sum of Rs.21,262.50P only was to be paid by the complainant within 30 days and the said amount was deposited by the complainant on 21.02.02 vide annexure C-3. Annexure C-4 is the sale agreement showing due dates of the 6 installments which the complainant was required to deposit.  As per this letter the 1^st installment of Rs.31,741.88P was due on 18.01.03. The said amount was deposited by the complainant on 14.01.03 vide Annexure C-5.  The 2^nd installment of Rs.29,235.94P was to be deposited on 18.01.04 which the complainant deposited vide annexure C-6 on 25.01.04 and the 3^rd installment which was due on 18.01.05 was deposited on 24.01.05 vide annexure C-7.  The 4^th and 6^th installments were deposited by the due dates. However the 5^th installment due on 18.01.07 was deposited on 23.01.07.  The OP did not charge any interest on the installments deposited late by about few days and it would be presumed that the interest thereon has been waived by the OP. The OP did not issue any notice to the complainant to pay any further amount towards principal or interest. The plea as contained in preliminary objection No.5 and para number 7 of the written statement is therefore a bundle of lies vide which an attempt has been made by the OP to justify their inaction in not promptly issuing the sale deed in favour of the complainant. It is therefore a case in which not only the OP was deficient in rendering proper service but they have told a lie before this Forum to the effect that certain amounts were due from the complainant when actually no amount is due from her.  The OP should have executed the sale deed immediately after the last installment was received on 18.01.08 but the same was not done and as per the complainant they had been putting her off on one pretext or the other.  Even when a notice was issued by this Forum the OP instead of volunteering to issue sale deed started opposing the same by taking frivolous ground of non payment of dues.

6]        In view of the above discussion, we are of the opinion that the complaint must succeed. The same is accordingly allowed. The OP is directed to issue the sale deed in favour of the complainant and to get it registered. The OP shall also pay to the complainant a compensation of Rs.50,000/- for causing her mental and physical harassment and also for taking a false ground in the written reply. The OP shall also pay a sum of Rs.5,000/- towards the costs of litigation. The order shall be complied within 30 days from the receipt of the copy of this order failing which OP would be liable to pay interest on the above mentioned amount @12% p.a. with effect from the date of filing of the present complaint i.e. 10.06.09, till the order is complied with and/or the amount is actually paid to the complainant.

          Certified copies of this order be sent to the parties free of charge.  The file be consigned.