BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI
Consumer Complaint No.522 of 2014
Date of institution: 22.08.2014
Date of Decision: 10.06.2015
Gurpreet Singh son of late Sital Singh, resident of House No.2407, Ground Floor, Mundi Complex, Sector 70, SAS Nagar (Mohali).
……..Complainant
Versus
1. The Sky Rock City Co-operative House Building Society, SCO No.26, 1st Floor, Phase-2, SAS Nagar (Mohali) through its President.
2. The President, The Sky Rock City Welfare Society, SCO No.672, Sector 70, SAS Nagar (Mohali).
………. Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Shri Amrinder Singh, Member.
Mrs. R.K. Aulakh, Member.
Present: Shri A.K. Maleri, counsel for the complainant.
Col. T.S. Sidhu, authorized representative of the OPs.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint seeking following direction to the Opposite Parties (for short ‘the OPs’) to:
(a) allot the plot alongwith compensation of Rs.1,00,000/- or in the alternative to refund the whole deposited amount of Rs.16,07,500/- with interest @ 18% per annum from the date of deposit till realization.
(b) pay him Rs.25,000/- on account of mental agony and harassment
(c) pay him Rs.21,000/- as litigation expenses.
The complainant has pleaded in the complaint that he was enrolled as member of the society upon payment of Rs.10,000/- on 10.11.2011 vide receipt Ex.C-1. He opted for allotment of a plot measuring 150 sq. yards @ Rs.11,000/- per sq. yard to be paid in scheduled installments as per schedule Ex.C-3. The OPs vide letter dated 17.01.2012 Ex.C-4 acknowledged the registration of the complainant and receipt of 50% price of the plot. The complainant was also allotted share certificate on 16.02.2012 Ex.C-5. As per condition No.5 of schedule of payment, the possession of the plot was to be handed over within two years of registration. The complainants paid a total sum of Rs.16,07,500/- towards the installment of total basic price of the plot including EDC vide receipts Ex.C-6 to C-14. Despite receipt of this amount, the possession of the plot had not been handed over to the complainant within two years from the date of registration. Non delivery of possession after receipt of entire payment is an act of deficiency in service on the part of the OPs.
2. Upon notice, Shri Hittan Nehra, Advocate appeared for the OPs and filed power of attorney on 31.10.2014 and the case was adjourned to 14.11.2014. Thereafter, no written statement was filed by the OPs even imposition of costs. Ultimately vide order dated 05.02.2015 the defence of the OPs was struck off.
3. Evidence of the complainant consist of his affidavit Ex.CW-1/1 and copies of documents Ex.C-1 to C-15.
4. Evidence of the OPs consist of affidavit of Navjeet Singh Ex.OP-1/1 and copies of documents Ex.OP-1 to OP-6.
5. We have heard learned counsel for the complainant and authorized representative of the OPs and gone through their written arguments.
6. Admittedly the complainant is member of the society since 10.11.2011 vide registration certificate Ex.C-1. Admittedly the complainant has applied for 150 sq. yard plot and the same has been allotted to him vide provisional allotment letter Ex.C-15 dated 12.07.2013. The tentative cost of the plot as per provisional allotment letter is Rs.11,000/- per sq. yard and the total agreed consideration is Rs.16,50,000/-. Admittedly the complainant has made various payments against the agreed sale consideration of the plot vide receipts Ex.C-6 to C-14 by paying a total sum of Rs.16,07,500/- as on 03.08.2013. The grievance of the complainant is that despite having paid major sum, the OPs have not handed over the possession of the property within the stipulated period as per agreed terms of the allotment letter. Further the complainant has alleged that there is no development in the area. So much so the Ops did not have even valid legal license in their favour issued by the competent authority to develop the land and without such a license the OPs are not entitled to collect money from the prospective buyers. On these grounds the complainant has alleged deficiency in service on the part of the OPs.
7. In order to resolve the controversy it will be appropriate to go through the terms of original allotment letter regarding the possession of the plot. The relevant clause of Ex.C-15 i.e provisional allotment letter dated 12.07.2013 is Clause-13 which is reproduced here below:
“The society shall endeavor to give possession of the apartment/plot to the Member within 36 months from the date of allotment but subject to force major circumstances and reasons beyond the control of the builder”
8. Admittedly the possession has not been handed over to the complainant within the agreed stipulated period as 36 months from the date of allotment shall expire on 12.07.2016. During this period, the complainant is under obligation to make full payment of entire consideration alongwith other dues. Admittedly the sale consideration of the plot is Rs.16,50,000/- and other dues are on account of stilit/surface car parking, club membership, charges for substation, maintenance and upkeep charges etc. Admittedly the complainant has paid Rs.16,07,500/- till the date of filing of the present complaint and other amounts are outstanding against him and the same have not been paid. Therefore, the complainant is entitled to possession after expiry of 36 months i.e. on or after 12.07.2016 after making full and final payment of the sale consideration as well as other outstanding dues.
9. Therefore, on this account the complaint is pre mature. So far as allegation of non development of area by the OPs is concerned, the OPs still have time in their favour to complete all the development work before the agreed stipulated time frame of handing over the possession of the developed plot to the complainant and it will be wrong to allege any deficiency in service on the part of the OPs at this stage.
10. Thus, the complaint being pre-mature is hereby dismissed. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
June 10, 2015.
(Mrs. Madhu P. Singh)
President
(Amrinder Singh)
Member
(Mrs. R.K. Aulakh)
Member
