BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No. 53 of 2016
Date of institution: 25.01.2016
Date of Decision: 13.05.2016
1. C.S. Chawla son of Jaswant Singh Chawla,
2. Hina Chawla wife of C.S. Chawla,
Both residents of House No.454, Phase-11, SAS Nagar, Sector 65, Mohali.
……..Complainants
Versus
1. Unitech Ltd., Sector 17-C, SCO 189-90-91, Chandigarh (UT) through its Managing Director/Manager.
2. Unitech Ltd. Real Estate Division (Marketing), GF Signature Tower, South City -1, National Highway-8, Gurgaon 122001, Haryana through its Managing Director/Manager.
3. Allice Developers Pvt. Ltd., Basement-6, Community Center, Saket, New Delhi, Pin Code 110017 through its Managing Director/Manager.
………. Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Mrs. R.K. Aulakh, Member.
Present: Shri Aksh Chetal, counsel for the complainant.
Opposite Parties ex-parte.
(Mrs. Madhu P. Singh, President)
ORDER
The complainants have filed the present complaint seeking following direction to the Opposite Parties (for short ‘the OPs’) to:
- Refund to the complainants Rs.5,19,380/- alongwith interest @ 24% per annum from the date of deposit till realisation.
- Pay to the complainants compensation of Rs.1,00,000/- for harassment and mental agony.
(c) Pay to the complainants Rs.25,000/- as litigation expenses.
The case of the complainants is that the OPs have floated a scheme under the name and style of ‘Uniworld City’ in Sector 107, Mohali. The complainants booked a flat in the above said project of the OPs and paid a sum of Rs.2,45,737/- on 06.12.2009 by cheque receipt dated 21.12.2009 Ex.C-1 whereof was issued by the OPs. Thereafter, the OPs issued allotment letter dated 21.12.2009 Ex.C-2 vide which Unit No.0026, Block-A, Floor GF in Singleton Floors (Sector 107), Uniworld City, Sector 107, Mohali. The total price of the unit was Rs.27,18,999/-Then on the demand of the OPs, the complainant deposited Rs.2,73,643/- with the OPs on 02.02.2010 vide receipt Ex.C-3 towards earnest money and the balance sale consideration was to be paid as per construction linked payment plan. An agreement to sell dated 15.02.2010 was executed between the complainants and the OPs. As per the agreement dated 15.02.2010 the possession of the unit was to be handed over within a period of 36 months from the date of first installment of the flat. The complainants visited the office of the OPs number of times and met the officials but were not given any satisfactory reply regarding the progress of the project. The complainants sent various e-mails to the OPs but they did not reply to the same. Thereafter, the complainants sent a legal notice to the OPs on 23.12.2015 which too was not replied. Thus, alleging deficiency in service and unfair trade practice on the part of the OPs, the complainants have filed the present complaint.
2. The OPs were duly served but inspite of service none appeared for them. Accordingly the OPs were proceeded against ex-parte vide order dated 16.03.2016.
3. Evidence of the complainants consists of affidavit Ex.CW-1/1 and copies of documents Ex.C-1 to C-13.
4. We have heard learned counsel for the complainant and gone through the written arguments filed by him.
5. The complainants have proved booking of 2 BHK –Unit No.0026, Block-A, Singleton Floor (Sector 107) Uniworld City, Mohali and paid the booking amount of Rs.2,45,737/- on 06.12.2009 and the same is duly acknowledged and received by the OPs vide receipt Ex.C-1 dated 21.12.2009. Thereafter, the allotment letter dated 21.12.2009 Ex.C-2 in favour of the complainants by the OPs is proved. As per allotment letter, against the agreed sale consideration of Rs.27,18,999/- the remaining payment was to be made by the complainant as per construction linked plan and the construction linked plan payments were payable on demand. Thereafter the complainants have proved another payment of Rs.2,73,643/- vide receipt dated 11.03.2010 Ex.C-3. Thus, in all the complainants have paid a total sum of Rs.5,19,380/- as on 11.03.2010. As per duly executed agreement dated 15.02.2010 the OPs vide Clause-4 (a) have took an obligation upon themselves to offer the complainant possession of the flat in question within 36 months of signing the agreement subject to force majeure. Since 11.03.2010 the complainants have never received any demand notice for further payment nor any status report regarding the development and construction at the site of the OPs till date. During this period, the complainants have sent various e-mails Ex.C-6 to C-9 but the same did not yield any result in terms of possession of the property in question. Upon site survey the complainants did not find any development and construction at the site and, therefore, waiting for in good faith till the agreed period of possession of 36 months from date of signing of buyers agreement, when the complainants found no growth and development at the site, the complainants sent registered request to the OPs vide Ex.C-10 postal receipts Ex.C-11 to C-13, praying the OPs to refund the deposited amount alongwith interest in the light of Consumer Complaint decided by this Forum in CC No.711 of 2014 titled as Manjit Singh Vs. Unitech. The OPs kept silent even thereafter.
6. The complainants have since proved the booking, allotment, execution of agreement for 2 BHK –Unit No.0026, Block-A, Singleton Floor (Sector 107) Uniworld City, Mohali and have further proved payment of Rs.5,19,380/- as on 11.03.2010, the amount has been illegally retained by the OPs without rendering corresponding services/sale of fully developed site to the complainants. The act of retention of legal property of the complainants i.e. an amount of Rs.5,19,380/- without rendering any corresponding services is an act of unfair trade practice duly proved by the complainants. Thus, the complaint deserves to be allowed and the complainants deserve to be compensated.
7. In view of above discussions, the complaint is allowed with the following directions to the OPs to:
(a) to refund to the complainants Rs. 5,19,380/- (Rs. Five lacs nineteen thousand three hundred eighty only) with interest thereon @ 12% per annum from the respective dates of deposit till actual realization.
(b) to pay to the complainants a lump sum amount of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony and harassment including costs of litigation.
Compliance of above directions be made within a period of 30 days from the date of receipt of a certified copy of this order. 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.
May 13 2016.
(Mrs. Madhu P. Singh)
President
(Mrs. R.K. Aulakh)
Member
