1.   M/s Silver City Construction Limited, Regd. Office at House No.89, Sector-8/A,Chandigarh.

2.   Managing Director (through its Manager), Silver City Construction Ltd. Regd. Office at House No.89, Sector-8/A,Chandigarh

Appellants/Opposite Parties

V e r s u s

Smt. Jaswant Dhaliwal W/o Lt. General J.S. Dhaliwal R/o House No.8, Sector-63, Mohali.

  Respondent/Complainant

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:  

Argued by:

PER DEV RAJ, MEMBER

1.           

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[a]   

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[c]

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2.     The facts, in brief, are that the complainant purchased Plot No.87 measuring 500 square yards from Silver City Complex, developed by the Opposite Parties, after paying sale consideration of Rs.14,77,500/-. It was stated that an agreement (Annexure C-1) was signed between the complainant and the Opposite Parties, containing various terms & conditions, relating to payment, possession, water, sewerage connection etc. It was further stated that after making full and final payment to the Opposite Parties during August, 2002 (Receipts Annexure C-2 Colly.). The complainant approached the Opposite Parties for delivery of possession and to give concurrence for joining water/sewerage pipes of the Company, but to no avail. It was further stated that despite two letters (Annexures C-3 and C-4) in this behalf, and several visits to the Opposite Parties, the Opposite Parties kept on dodging the complainant. It was further stated that the complainant was keen to construct the house, on the said plot, for her post retirement settlement, but could not do so, due to non-delivery of possession of the plot by the Opposite Parties. It was further stated that due to frustration and delaying tactics of the Opposite Parties, she helplessly decided to dispose of the said plot, and look for an alternative place for settlement. It was further stated that when the complainant approached the Opposite Parties to accord written consent required to effect resale of the plot, vide para 7 of the agreement, they (Opposite Parties) resorted to unscrupulous and exploitable designs and demanded Rs.One lac as non-occupancy charges to fleece the complainant. It was further stated that the complainant had no option but to pay Rs.1 lac, as non-occupancy charges. Besides the Opposite Parties also charged Rs.17,814/- as water/sewerage charges illegally without giving possession of the plot to the complainant (Annexure C-5 Colly.)

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Besides, respondent/complainant also made payment of Rs.1,00,000 on account of non-occupancy charges and Rs.17,814-00 on account of water and sewerage charges (Annexure C-5, three pages).

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(ii)  

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Pronounced.

1^st.

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

[DEV RAJ]

MEMBER

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Argued by:

Dated the 1^st

ORDER

Vide our detailed order of the even date, recorded separately, the appeal has been partly accepted, with no order as to costs. The order of the District Forum has been modified.

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