STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UNION TERRITORY, CHANDIGARH
First Appeal No. | 548 of 2013 |
Date of Institution | 23.12.2013 |
Date of Decision | 25.04.2014 |
DLF Homes, Panchkula Pvt. Ltd./DLF India Limited now DLF Universal Limited, Rajiv Gandhi Technology Park, Plot No.2, Tower-D, Ground Floor, Chandigarh, U.T., Through its Executive Director/ authorized representative, now as M/s DLF Home Panchkula Pvt. Ltd., having its office at SCO No.190-192, Sector 8-C, Chandigarh (U.T).
…..Appellant/Opposite Party No.1.
Versus
1. Smt. Subhadra Sharma, wife of Sh. Om Parkash Sharma resident of House No.1101, Sector 15-B, Chandigarh.
……Respondent/Complainant.
- M/s NMG Infra Solution Pvt. Ltd., House No.1095, Sector
- Sh. Mahesh Gupta son of Sh. Y. P. Gupta r/o House No.2691, Sector 37-C, Chandigarh.
- Smt. Namrata Gupta w/o Sh. Mahesh Gupta son of Sh. Y. P. Gupta r/o House No.2691, Sector 37-C, Chandigarh.
…Performa Respondents/Opposite Parties No.2 to 4.
Appeal under Section 15 of the Consumer Protection Act, 1986.
BEFORE:
Argued by:Sh. Avinit Avashti, Advocate for the appellant.
Service of respondents No.2 to 4 already dispensed with vide order dated 24.12.2013.
PER DEV RAJ, MEMBER
“13. We accordingly, allow this complaint against the Opposite Party No.1 and direct the Opposite Party No.1 to refund the amount of Rs.6.00 lacs paid by the Complainant along with interest @9% per annum from the date of deposit, till it is actually paid. The Opposite Party No.1 is also directed to pay Rs.10,000/- towards costs of litigation. However, the complaint against Opposite Parties No.2 to 4 is dismissed, as they have not received any money from the Complainant, which is her main grievance in the complaint.
14. This order be complied with by the Opposite Party No.1 within 45 days from the date of receipt of its certified copy, failing which, Opposite Party No.1 shall be liable to pay interest @12% p.a. instead of @9% p.a. on the received amount of Rs.6.00 lacs from the date of its receipt, till its realization, besides costs of litigation.”
However, the complaint against Opposite Parties No.2 to 4 was dismissed by the District Forum.
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“3. Act not in derogation of any other law.—
The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.”
Section 3 of the Act, is worded in widest terms, and leaves no manner of Fair Engg. Pvt. Ltd. & another Vs. N.K.Modi (1996)6 . In this view of the matter, this objection of the appellant/Opposite Party No.1, being devoid of merit, must fail, and the same stands rejected.
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CONSTRUCTION LINK PAYMENT PLAN |
On Application for Booking | Rs.600000/- (On Plot size ≥ 420 Sq Yds i.e.420 Sq Mtr) Rs.400000/- (On Plot size < 420 Sq Yds i.e.420 Sq Mtr) |
Within 2 Months of Booking | 20% of Total Price less Booking Amount |
Within 4 months of Booking | 10% of Total Price |
Foundation upto Plinth Level or Within 6 months of Booking, whichever is later | 12.5% of Total Price |
Casting of Ground Floor Roof Slab or Within 9 months of Booking, whichever is later | 12.5% of Total Price |
Casting of First Floor Roof Slab or Within 12 months of Booking, whichever is later | 10% of Total Price |
Casting of Second Floor Roof Slab or Within 15 months of Booking, whichever is later | 10% of Total Price |
Completion of Flooring and tile work or Within 18 months of Booking, whichever is later | 10% of Total Price |
On filing of Application for Completion Certificate or Within 21 months of Booking, whichever is later | 10% of Total Price |
On offer of Possession | 5% of Total Price + IBMS + Club + Registration + Stamp Duty + Other charges, if any. |
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“The Applicant has clearly understood that by submitting this Application the Applicant does not become entitled to the final allotment of the Said Independent Floor in the Said Building/Said Complex, notwithstanding the fact that the Company may have issued a receipt in acknowledgement of the money tendered with this Application. The Applicant further understands that it is only after the issuance of the letter of allotment that the allotment will get confirmed and after the Applicant signing and executing the Agreement and agreeing to abide by the terms and conditions laid down therein that the allotment of the Said Independent Floor shall become final. If the Applicant fails to execute and return the Agreement within thirty (30) days from the date of its dispatch by the Company, then the Company shall have the discretion to treat this Application as cancelled and on such cancellation the Earnest Money (hereinafter defined) along with the Non Refundable Amounts (hereinafter defined), paid by the Applicant, shall stand forfeited. The Applicant is aware that the layout plan/building plans for development of the Said Project are not yet sanctioned by Director Town and Country Planning (DTCP), Chandigarh. The construction will only commence after all necessary approvals are received from the concerned authorities. The Applicant understands that if for any reasons, including non-sanction of the layout plan, the Company is not in a position to finally allot the the Said Independent Floor within a period of one year from the date of this Application, the Company shall refund the booking amount deposited by the Applicant, with simple interest @ 6% per annum, calculated for the period such amount has been lying with the Company for which the Applicant give notice to the Company. The Company shall refund the amounts within 30 days of receipt of the notice from the Applicant. The Applicant understands that the Company shall have no other liability of any kind except the refund of such amounts.”
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Pronounced.
April 25, 2014.
[JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
Sd/-
(DEV RAJ)
MEMBER
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STATE COMMISSION
(First Appeal No.548 of 2013)
Argued by:Sh. Avinit Avashti, Advocate for the appellant.
Service of respondents No.2 to 4 already dispensed with vide order dated 24.12.2013.
Dated the 25th
ORDER
Vide our detailed order of the even date, recorded separately, the appeal, filed by the appellant/Opposite Party No.1, is accepted, with no order as to costs. The order of the District Forum has been set aside. Consequently, the complaint filed by respondent No.1/complainant, before the District Forum, has been dismissed with no order as to costs.
(DEV RAJ) MEMBER | (JUSTICE SHAM SUNDER (RETD.)) PRESIDENT |
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