DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BATHINDA

CC No.273 of 14-10-2020

Decided on :02-06-2023

1. Vanita Garg aged about 50 years W/o Sh. Girdhari Lal Garg, R/o # 252, Homeland Enclave, Goniana Road, Bathinda-151001.

2. Shimul Garg aged about 23 years D/o Sh. Sanjeev Garg, R/o # 5, Bharat Nagar, Bathinda Through her Power of Attorney Holder Sh. Sanjeev Garg S/o Sh. Amrit Lal Garg, R/o # 5, Bharat Nagar, Bathinda. ........Complainants

Versus

SONI HI TECH Builders Pvt. Ltd., Office: SCF No.7-8, Maa Shimla Homes, Part-1, Fatehullahpur, Tehsil Kharar, Distt. SAS Nagar, Mohali-140301 through its Director/Incharge/Authorized Signatory.

2^nd Address:

SONI HI TECH Builders Pvt. Ltd., Regd. Office: Flat No.6A, 1^st Floor, Sector 51-A, Chandigarh-160047 through its Director/Incharge/ Authorized Signatory.

3^rd Address:

SONI HI TECH Builders Pvt. Ltd., R/o Flat No.603, G.H.S. 104-G, Sector-20, Panchkula-134117 through its Director/Incharge/Auth. Signatory.

.......Opposite party

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM:-

Sh.Lalit Mohan Dogra, President

Sh. Shivdev Singh, Member

Present:-

For the complainants : Sh.Naresh Garg, Advocate.

Opposite party : Ex-parte.

ORDER

Lalit Mohan Dogra, President

1. The complainants Vanita Garg and Other (here-in-after referred to as complainants) has filed this complaint U/s 35 of Consumer Protection Act, 2019 before this Commission against SONI HI TECH Builders Pvt. Ltd., (here-in-after referred to as opposite party).

2. Briefly the facts of the complaint as pleaded by the complainants are that opposite party approached the complainants at Bathinda in Feb. 2019 for the sale of Flat/House No.209, Ground Floor, First Floor, Top Floor, Maa Shimla Complex at Kharar with the assurance that it will provide best flats/houses with worldclass facilities. Mr. Radhey Soni and other officials of O.P. contact the complainants at Bathinda and assured that they will provide the complete flats/houses to the buyers after obtaining all the permissions from the concerned departments and they will handover the possession after taking the Completion Certificate and Occupancy Certificate from the concerned department and also provide the basic amenities i.e. water, electricity, fire extinguishers, sewerage etc. before possession.

3. It is alleged that on the assurance of opposite party, complainants purchased Flat/House No.209, Ground Floor, First Floor, Top Floor, Maa Shimla Complex at Kharar comprised in Khasra No.20//25/17 (1-14), 25/18 (0-17), Khewat/Khatoni No.937/1017, 13/204 share i.e. 00 Kanal 03-1/4 Marlas (97.77 Sq. Yards), Mundi Kharar, Teh. Kharar, Hadbasat No.185, Distt. SAS Nagar Mohali from opposite party at Bathinda by giving Rs.2 lakhs cash in Feb. 2019 in presence of Mohit Gupta S/o Devinder Gupta. The complainants demanded the assurance of payment and completion of projection, then opposite party offered the advance Regd. Sale Deed of the flat, so that the amount will be safe and secure.

4. It is further alleged that the total consideration amount of the Flat/House was fixed as Rs.30,00,000/- and complainants paid the part payments from time to time to opposite party. Total payment of Rs.30 lakhs was given to opposite party as Mr. Radhey Soni and his associates duly visited at Bathinda time to time with the complainants and received the total payment of Rs.30,00,000/-.

5. It is further alleged that at the time of registration, opposite party also stated that Sale Deed Regd. is to be executed as per Collector Rate only and opposite party registered the Sale Deed No. No.2019-20/15/1/266 in favour of complainants as per collector rate i.e. Rs.12,00,000/- which was paid through Ch. No.014631 Dated 04.04.2019 from Federal Bank, Bathinda and Ch. No.009893 Dated 04.04.2019 from Union Bank of India, Branch NFL Township, Bathinda and balance payment of Rs.18,00,000/- was received by opposite party from time to time in 9 instalments in cash in presence of Davinder Kumar S/o Hari Ram, Sunil Kumar S/o Mohan Lal, Mohit Gupta S/o Devinder Gupta, Naveen Garg S/o Jagdish Rai, Rajinder Jain S/o Lajpat Rai & Mintu Garg S/o Girdhari Lal Garg. Affidavits of Davinder Kumar S/o Hari Ram, Sunil Kumar S/o Mohan Lal, Naveen Garg S/o Jagdish Rai, Rajinder Jain S/o Lajpat Rai & Mintu Garg S/o Girdhari Lal Garg

6. It is further alleged that the sale deed was executed by Radhey Soni S/o Ram Chander Soni being the Director and Authorised Person of opposite party. The Intkal was also Regd. in the name of the complainants in the revenue record. Opposite party also assured the complainants that it will give him possession, completion certificate and occupancy certificate within 1 year after sale deed. In the sale deed, it is mentioned that the flat/house is incomplete and moreover till date no possession is given to the complainants, no Completion Certificate, Occupancy Certificate etc. were given to the complainants. Opposite party also assured that at the time of offering the possession the completion Certificate of the project and occupancy certificate from the concerned departments shall be handed over to the owners and all the basic necessities shall be provided at the time of offering the possession. The construction of the flat was not upto the mark and part of construction is also defective construction.

7. It is further alleged that now about 1 year 6 months has elapsed as opposite party neither gave the possession of the flat/house to the complainants and no Completion Certificate and Occupancy Certificate provided by it whereas the complainants demanded the same several times. The complainants visited several times on the site office of opposite party and requested them to handover the complete full possession of his flat/house, but it has been lingering the matter and it flatly refused to do the same.

8. It is further pleaded that opposite party neither provided possession nor provided completion certificate nor provided occupancy certificate or provided basic amenities like sewerage, water, electricity, and fire extinguishers etc. The complainants are mentally harassed by opposite party.

   On this backdrop of facts, the complainants have prayed for directions to opposite party to give the possession after completion of the FLAT/HOUSE and doing the construction upto mark, remove the defects of part construction along with Occupancy Certificate and Completion Certificate and also provide all the basic amenities alongwith compensation of Rs.4.00 lacs in addition to cost to the tune of Rs.1,00,000/- alongwith interest @ 18% P.A. with compounded monthly rest on the total deposited amount since deposit in the shape of damages.

9. Upon notice, none appeared on behalf of opposite party. As such, ex-parte proceedings were taken against it.

10. In ex-parte evidence, the complainants have tendered into evidence documents (Ex.C-1 to Ex.C-13).

11. We have heard learned counsel for the complainants and gone through the record.

12. Counsel for complainants has argued that the complainants had purchased flat for Rs.30 lakhs from opposite party. However, opposite party got registered sale deed as per collector rate and it has shown the sale consideration on the basis of collector rate as Rs.12 lakhs.

13. It is further argued that opposite party had assured to handover the possession alongwith completion and occupency certificate within one year after sale deed and since the sale deed stands executed on 4.4.2019. However, opposite party has not delivered the possession to the complainants alongwith completion and occupency certificate, which amounts to deficiency in services and complainants have prayed for directions to opposite party to handover the possession of their flat after removal of defects alongwith completion and occupency certificate and to provide all the basic amenities and compensation for mental tension and harassment.

14. We have given careful consideration to these submissions.

15. It is admitted fact that the complainants have purchased one flat from opposite party vide sale deed, (Ex.C11) and mutation in the name of the complainants stands sanctioned in their name.

16. A perusal of sale deed, (Ex.C11) shows that opposite party has admitted that the building where the flat is situated is incomplete and sale deed further reveals that the possession has been given to the complainants. Accordingly, this Commission is of the view that opposite party has handed over the possession of the flat, which was not completed and since opposite party has received the entire sale consideration amount from the complainants, as such, opposite party is duty bound to complete the constructions of the building and handover the possession of the flat in proper manner alongwith occupation and completion certificate and also provide the basic amenities to the complainants.

17. Accordingly, the complaint is partly allowed with following directions:-

    i) Opposite party is directed to handover the possession of the flat to the complainants alongwith completion and occupency certificate;

    ii) Opposite party shall provide all the basic amenities to the complainants;

    iii) The complainants are also held entitled to receive compensation to the tune of Rs.50,000/- on account of mental tension, harassment and cost of litigations.

18. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

19. The complaint could not be decided within the statutory period due to heavy pendency of cases.

20. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced :

    02-06-2023 (Lalit Mohan Dogra)

    President

     

    (Shivdev Singh)

    Member