Chandigarh

DF-I

CC/752/2017

Roop Singh Maan - Complainant(s)

Versus

SkyLark Housing Development Pvt. Ltd. - Opp.Party(s)

Ashok Kumar Khubbar

22 Jan 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

========

 

                                     

Consumer Complaint No.	:	CC/752/2017
Date of Institution	:	26/10/2017
Date of Decision	:	22/01/2019

 

Roop Singh Maan son of Jagraj Singh Maan, Resident of H.No.07, Vill. Silwala Khurd, Tehsil Tibbi, District Hanumangarh (Rajasthan). Presently at Bank of Baroda, Regional Office, Opposite Deventure Hotel, Namaste Chowk Karnal, Haryana.

…..Complainant

 

V E R S U S

 

1]      SkyLark Housing Development Pvt. Limited, Registered Office: House No. 1707, Sector 43-B, Chandigarh, through its Directors.

 

2]      Amrik Singh s/o Kuldeep Singh, Director, SkyLark Housing Development Pvt. Limited, 1-4, Commercial Complex SkyLark Enclave, Kharar – Ambala Highway, Sector 115, Mohali.

 

3]      Surinder Pal Singh, Director, SkyLark Housing Development Pvt. Limited, 1-4, Commercial Complex SkyLark Enclave, Kharar – Ambala Highway, Sector 115, Mohali.

…… Opposite Parties

 

QUORUM:	SH.RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K. SARDANA	MEMBER

                                               

                                                                       

ARGUED BY	:	Sh. Ashok Kumar Khubbar, Counsel for Complainant.
	:	Opposite Parties ex-parte.

 

PER SURJEET KAUR, MEMBER

1.         Sh. Roop Singh Maan, Complainant has preferred this Consumer Complaint u/s 12 of the Consumer Protection Act, 1986, against SkyLark Housing Development Pvt. Limited (hereinafter called the Opposite Parties), alleging that he booked a 3 Bedroom Flat bearing No.1103, 1^st floor, having super area of 1901 sq. ft. (approx.) with the Opposite Parties on 15.06.2010 and paid booking amount of Rs.1,00,000/- vide Cheque dated 15.06.2010. As per clause 14 of the application/booking form (Annexure C-1) the construction of the allotted unit was to be completed within 21-24 months from the date of allotment failing which the Opposite Parties were liable to pay a penalty @ Rs.5/- sq. ft. of super area per month for a delay in completing the construction beyond the committed period. The Flat Buyer’s Agreement/Allotment Letter was executed between the Complainant and the Opposite Parties on 21.07.2010 (Annexure C-2). As per the allotment letter, the basic sale price of the aforesaid unit was Rs.37,21,237/-. Since the possession of the unit was not handed over to the Complainant though the period of 24 months had expired the Complainant approached to the Opposite Parties several times for giving the possession of the flat. The possession of the flat was handed over to the Complainant on 16.05.2015. As the delivery of possession had been delayed by the Opposite Parties, they vide letter dated 17.04.2012 (Annexure C-3) agreed to compensate the Complainant @ Rs.5/- sq. ft. i.e. Rs.9505/- pm. From 01.05.2012 till possession is handed over to the Complainant. Thereafter, the Complainant requested the Opposite Parties umpteen number of times to compensate him for the delay in possession of the flat in question, but there was no reply. Eventually, the Complainant got served a legal notice dated 21.08.2017 (Annexure C-6) upon the Opposite Parties, but the same also failed to fructify. With the cup of woes brimming, the Complainant has filed the instant consumer complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte.
3.         Complainant led evidence.      
4.         We have gone through the entire record and heard the arguments addressed by the Learned Counsel for the Complainant.
5.         Through the present Complaint, the Complainant has alleged that the Opposite Parties delayed the handing over the possession of the flat in question by a long period of about 36 months. Hence, the Opposite Parties are liable to pay penalty @ Rs.5/- per sq. ft. of super area per month for the delay in completing the construction beyond the committed period.  
6.         Significantly, the Opposite Parties did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Parties draws an adverse inference against them. The non-appearance of the Opposite Parties shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
7.         Perusal of the documents on record reveals that Annexure C-1 is the booking form according to which the flat in question was booked on 15.6.2010 and as per Clause 11 of the terms and conditions of the Opposite Parties, the possession of the flat in question was to he handed over within 21 to 24 months from the date of allotment, failing which the company had to pay penalty to its customers @ Rs.5/- per sq. ft. of super area per month for a delay in completing the construction beyond the committed period. On the similar lines, Opposite Parties have issued letter dated 17.04.2012 (Annexure C-3) to the Complainant with the promise to pay him an amount of Rs.9505/- per month with effect from 01.05.2012 till the possession of the flat in question. Hence, the act of Opposite Parties for delaying the possession of the flat in question, non-honouring their own promise of paying penalty for the delay in the completing the construction and most importantly non-appearing during the proceedings of the present case, proves deficiency in service and their indulgence in unfair trade practice.
8.         In view of the foregoings, we are of the opinion that the present Complaint must succeed. The same is accordingly partly allowed. Opposite Parties are, jointly & severally, directed as under:-

[a]    To compensate the Complainant @ Rs.5/- per sq. ft. of the super area per month for the delay in completing and handing over the possession with effect from 1.5.2012 till the date of possession;

[b]    To pay Rs.5,000/- as compensation on account of deficiency in service and causing mental and physical harassment to the Complainant; 

[c]    To pay Rs.5,000/- as cost of litigation;

9.         The above said order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, it shall be liable for an interest @12% per annum on the amount mentioned in sub-para [b] & [c] above from the date of institution of this complaint, till it is paid, apart from complying with the directions as contained in sub-para [a] above. 
10.         In view of the present Consumer Complaint being partly allowed, the pending application(s), if any, also stands disposed off.

 

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

	Sd/-	Sd/-	Sd/-
22/01/2019	[Dr. S.K. Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”