DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.531 of 2015
Date of institution: 12.10.2015 Date of decision : 06.12.2021
Kirpal Singh son of Shri Jaswant Singh, resident of Flat No.301, Tower No.A-1, Surya Infrastructure and Builders, Surya Tower, Zirakpur, Tehsil Derabassi, District SAS Nagar (Mohali).
…….Complainant
Versus
1. Surya Infrastructure and Builders, Registered Office, SCO No.2 Kalgidhar Enclave, Kalka Shimla Highway, Baltana, Zirakpur, Tehsil Derabassi, District Mohali through its partners/Proprietors/Managing Directors/Promoters Shri Ram Bhaj Mittal and Sanduri Lal Mittal.
IInd Address:
#403-E, Varindavan Garden, Peer Mushala, Zirakpur, Tehsil Derabassi, District SAS Nagar, Mohali.
2. Shri Ram Bhaj Mittal, the Partner/Promoter/Proprietor (Surya Tower), c/o # 403-E, Varindavan Garden, Peer Mushala, Zirakpur, Tehsil Derabassi, District SAS Nagar, Mohali
3. Shri Sanduri Lal Mittal, the Partner/Promoter/Proprietor (Surya Tower), c/o # 403-E, Varindavan Garden, Peer Mushala, Zirakpur, Tehsil Derabassi, District SAS Nagar, Mohali
……..Opposite Parties
Quorum: Shri Sanjiv Dutt Sharma, President.
Ms. Gagandeep Gosal, Member
Present: None for the complainant.
OPs ex-parte.
Order dictated by :- Shri Sanjiv Dutt Sharma, President.
Order
The present order of ours will dispose of a complaint under the Consumer Protection Act, filed by the complainant (hereinafter referred to as ‘the CC’ for short) against the Opposite Parties (hereinafter referred to as ‘the OPs’ for short), on the ground that the CC booked one apartment on 05.07.2010, with the OPs and gave advance amount of Rs.5.00 lakhs. It is averred that the OPs promised to complete the project by early June, 2011 and subsequently the CC paid an amount of Rs.24.00 lakhs through bank loan raised from IDBI Bank with EMI of Rs.28,817/-. It is averred that the OPs promised to complete the project by July, 2011. Thereafter, despite requests and reminders of the CC, the OPs kept on delaying the completion of the flat as well as the total project known as Surya Towers without any justified reasons. It is alleged that even after booking the flat there was not even a single communication from the OPs. The CC personally visited the office of the OPs to enquire about the delay, but he was not heard and the CC being on the receiving end left with no option and finally took the possession on 29.01.2015 after paying the full amount. Due date as per the original agreement was 05.07.2010 and the CC had to pay interest to the tune of about Rs.9.00 lakhs on the loan amount. The CC requested the OPs to compensate him for the delay in handing over the possession, but of no use. It is further averred that on 23.09.2014 an amount to the tune of Rs.1,08,150/- was also paid to the OPs in the presence of Shri Niraj Bansal, Col. R.S. Walia, Shri Dharampal Singh and Shri Vijay Kumar. It is alleged that various facilities like non completion of kitchen, painting of walls, fitting of glass, taps etc. were not provided to the CC. The CC who had no option had to pay Rs.5.00 lakhs in order to take physical possession of the flat on 29.01.2015. After taking the possession, the CC found that the poor quality of construction material has been used by the OPs, poor quality of wall texture has been provided, low grade modular kitchen has been provided, lightening conductors were not provided etc. Even the independent parking was not provided as per GMADA guidelines. The CC has paid Rs.80,000/- for the same. The CC being army personnel had to travel from Karnataka to Chandigarh in 2014 twice to take possession but till 29.01.2015 was given not given to the CC. It is further averred that there are total 204 inhabitants in the society and the OPs have charged parking fee from all 204 inhabitants despite the fact that there are only 162 approved parking in the society and no personal parking has been allotted to the CC till date. It is further averred that the CC came to know that even the material used in the construction is of poor quality. Even no club has been constructed at the site. No facility of power back up and RO system has been provided to the residents of the society and no red light has been installed above the building, which is mandatory because of the fact that the Chandigarh Airport is nearby and aeroplanes pass through the route above the society. At the time of booking, the CC and other alottees were told that there would be wooden flooring in one of the rooms. There is leakage and seepage in the bathroom.
Thus, alleging deficiency in service, the CC has prayed that the OPs may be directed to give 12% interest on the total cost of the apartment i.e. Rs.35.00 lakhs for the period possession has been delayed for three years and 7 months. It is further prayed that the OPs may be directed to allot independent covered car parking, to complete kitchen woodwork including fitting drawers, shelves, almirah. The CC has sought compensation for poor quality of construction. The CC has further sought direction to the OPs to provide 5 KV power backup for which the OPs have charged Rs.60,000/-. Further the CC has sought Rs.50,000/- for difference of price of two floorings or to provide wooden flooring. The complaint of the CC is duly signed, verified and is also supported by an affidavit.
2. OPs have chosen not to appear despite publication and were accordingly proceeded against ex-parte vide order dated 07.02.2019.
3. The complainant tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-5.
4. None appeared for the complainant despite giving telephonic call to him and we ourselves have perused the file and are deciding the complaint on merits.
5. The OPs have not come forward to contest the allegations of the CC. We feel that the complaint as well as the evidence submitted by the CC appears to be cogent, reliable and trustworthy. It is writ large on the file that the complainant is army personnel. We have minutely perused the document Ex.C-4 dated 29.01.2015 which is physical possession form. It is pertinent to mention here that the CC accepted the physical possession of the flat in question under protest by writing on Ex.C-4 that he is taking over the possession under protest due to excessive delay of 3.5 years and poor quality of construction. Further the CC has mentioned on Ex.C-4 that the construction quality is poor. Since this document is un-rebutted and uncontested, we have no alternative except to believe it fully. It is proved on file that the CC booked one apartment with the OPs on 05.07.2010 and had given advance money of Rs.5.00 lakhs and the OPs had promised to complete the project by early June, 2011. Thereafter the CC paid Rs.24.00 lakhs after raising loan from the IDBI Bank in the early 2011 for which the CC was paying EMIs of Rs.28,817/- from his hard earned money. It is specifically alleged that the OPs failed to complete the construction of the flat and kept on delaying the completion of the flat as well as the project without any valid reason. It is also proved on file that possession of the flat was given to the CC on 29.01.2015 and that too after receiving full amount. The CC had to pay an interest of about Rs.9.00 lakhs on the loan amount. Even after taking over the possession the CC found that the construction material used by the OPs was of low grade. Even the modular kitchen was of low grade. Lightening conductors were not provided. There are other discrepancies pointed out by the CC in Para No.9 of the complaint.
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6. Since the entire evidence of the CC is unrebutted and confidence inspiring, we feel that the CC is successful in proving deficiency in service and malpractice on the part of the OP. The possession of the flat has been handed over to the CC on 29.01.2015 and the CC has already undergone huge mental and physical harassment from the hands of the OPs.
7. In view of above discussion, the complaint is allowed. The OPs are directed to pay a lump sum compensation to the tune of Rs.7.00 lakhs for causing delay in providing the possession of the flat to the CC. The OPs are further ordered to remove all the defects raised by the CC in the complaint within a period of three months from the date of receiving certified copy of this order. The OPs are further directed to refund the amount of Rs.80,000/- which they have charged for parking, if the parking has not been provided to the CC. The OPs are further directed to refund amount of Rs.60,000/- to the CC which they have charged for providing 5 KV power back, if not provided to the CC. Certified copies of the order be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
December 03, 2021
(Sanjiv Dutt Sharma)
President
I agree.
(Ms. Gagandeep Gosal)
Member
