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

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Suraj Rathi s/o Sh. Kanshi Ram Rathi, r/o Model Town, Street No. 8 Sito Road Abohar Punjab.

…..Complainant

                           V E R S U S

Shalimar Estates (P) Ltd. S.C.O. 110-111, Sector 8-C, Chandigarh through its Managing Director Namely Ram Kumar Aggarwal.

                                  ……Opposite Party

CORAM:  SH.JAGROOP SINGH MAHAL PRESIDENT

              DR.(MRS) MADHU BEHL       MEMBER

Argued by: Ms.Anuradha Gupta, Adv. proxy for Sh.V.K.Chhabra, Adv. for complainant.

Sh.Kapil Kumar, Adv. for OP.

PER SHRI JAGROOP SINGH MAHAL, PRESIDENT

             Succinctly put, the allotment of plot no. 199 was confirmed in the name of the complainant by way of draw of plots held on 16.01.02. The total price of the said plot was fixed at Rs.2,45,025/- out of which the complainant had paid to the OP a sum of Rs.61,256.25P on 01.04.02.  The remaining amount of Rs. 1,83,768.75P was considered to be paid in six equal installments of Rs.30,628.13P with 15% interest.  The last installment was payable on 18.01.08. The complainant had deposited a sum of Rs. 2,73,001/- with the OP. After that the complainant requested the OP to make it clear when the possession of the plot would be given to him and it was also pleaded by him that he may be informed about the balance amount of the said plot if any, so that he may deposit the same. The last date of the sale deed was fixed on or before 19.01.08. The complainant stated that he remained present on 18.01.08 and 19.01.08 at Chandigarh alongwith the balance sale consideration and any other sale expenses in order to get the sale deed registered in the office of the Sub Registrar, but none from the OP side came to perform its part of contract and he was not entertained or cooperated in the office of the OP. He served a legal notice to the OP but was never responded by the OP. On 16.05.08, he again went to the office of the Registrar Panchkula alongwith requisite balance and expenses, but none appeared from the OP side. As per the complainant, the agreement supra possession of the said plot was to be given to him by the OP within 5 years from the date of allotment i.e. from 19.01.02 ending on 18.01.07, but in complete disregard of the agreement till date neither the possession nor the sale deed has been executed from the OP side, despite several oral and written requests.  Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice.

2.             Notice was served to the OPs. In their written reply the OP admitted the factual matrix of the case. The OP submitted that the complainant accepted all the terms and conditions of the allotment under his signatures and submitted his application form alongwith 10% of the cost of the plot as earnest money. The OP further submitted that they intimated the complainant from time to time to deposit the due amount with up-to-date interest as per the terms and conditions for the allotment of residential plot but the complainant had not bothered to clear the dues.  The OP submitted that the complainant neither deposited the due amount nor had replied to the various letters sent to him for the same. The OP denied regarding any legal notice served to them by the complainant. Denying all the material allegations of the complainant and the OP pleaded that there has been no deficiency in service or unfair trade practice on their part and prayed for dismissal of the complaint. 

3.             The Parties led evidence in support of their contentions.

4.             We have heard the Learned Counsel for the parties and have also perused the record. 

5.             Annexure C-1 is the allotment letter issued by the OP to the complainant vide which a 10 marla plot number 199 was allotted to the complainant.  The total amount payable by him has been mentioned in the letter.  Thereafter the sale agreement Annexure C-3 was executed between the parties vide which the total sale price of the plot was mentioned to be Rs.2,45,025/-. Rs.61,256.25P had already been paid by the complainant before that date and the remaining amount was to be paid in 6 installments as mentioned therein.  As per condition number 5 of the sale agreement the possession of the plot was to be given to him in about 5 years from the date of allotment, provided he was not in arrears of any of the installments at the time of the offer of possession. It is mentioned in para number 6 that the price and all the charges are to be paid by the complainant then only the sale deed would  be executed in his favour.  The complainant has placed on file Annexure C-4 showing that he has paid a total of Rs.2,73,001/- to the OP, as against the price of Rs.2,45,025/- fixed vide Annexure C-3.  The contention of the Learned Counsel for the complainant is that the amount in excess of Rs.2,45,025/- was paid towards interest/late payment and therefore nothing remained due from the complainant. As per the sale agreement Annexure C-3 which was executed on 01.04.02, the possession was to be delivered to him within 5 years i.e. by 31.03.07.  The Learned Counsel for the complainant has also argued that he has made a number of requests to the OP and also issued the letter Annexure C-4 to deliver the possession to him but they did not.  Ultimately he issued a notice Annexure C-6 dated 15.02.08 which also had no effect on the OP. 

6.             On the other hand the contention of the OP is that the complainant has not paid the due amount to them due of which they were not bound to deliver the possession or to execute the sale deed in his favour. It was no where mentioned by the OP in their written statement as to what amount was due from him. They never demanded any such amount from the complainant nor any such letter has been placed on file to suggest if the OP ever informed the complainant (even inspite of issuance of the letter and the legal notice) if nothing was due from him.  He has already paid what ever was due from him because the requisite amount as interest/late payment fee was being charged by the OP along with the installment amount being paid late.  We are therefore of the opinion that nothing is due from the complainant and the OPs have wrongly mentioned in the reply that something was due from him. The OPs therefore had no justification to delay the delivery of possession or the execution of the sale deed in his favour.

7.              The OPs have received full amount and were liable to deliver the possession to the complainant on 31.03.07.  They have realized a sum of Rs.2,73,001/- from the complainant.  It is mentioned in condition 14 of the sale agreement Annexure C-3 that if the purchaser violated the schedule for remaining payment, interest @18% p.a. would be charged on due amount from them.  The Learned Counsel for the complainant argued that infact they have charged rate of interest on late payment on that rate and therefore they should be liable to pay damages at the same rate of interest on the amount deposited by him. In this manner, counted on that rate the OPs should pay Rs.1,06,470/- as damage by way of interest to the complainant for delaying the delivery of possession till the filing of the present complaint.  However, we take a lenient view against the OP and order that the OP shall pay Rs.50,000/- towards compensation for delaying the delivery of possession and causing harassment to the complainant.

8.             In view of the above discussion, we are of the opinion that the present complaint must succeed. The same is accordingly allowed.  The OP is directed to deliver the possession of the plot number 199 within 30 days from the receipt of the copy of the order and shall also pay to him Rs.50,000/- towards compensation. The stamp paper for executing the sale deed shall be purchased by the OP from the aforesaid amount and shall deduct the same out of the amount of compensation mentioned above.  If the amount is not paid or the sale deed is not executed within 30 days from the receipt of the copy of this order, the OP would be liable to pay penal interest @12% p.a. on the aforesaid amount of Rs.2,73,001/- plus Rs.50,000/- since the filing of the present complaint i.e. 01.06.09, till the sale deed is executed and/or the amount is paid actually to the complainant.

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