Complainant has filed this complaint against the opposite parties (hereinafter referred as Ops) under Section 17 of the Consumer Protection Act, 1986 (for short the Act), on the averments that opposite party had agreed to allot the apartment No.J-304, Tower-1, 3rd Floor, Imperial Heights, Sector 115, Greater Consumer Complaint No. 405 of 2016 Mohali for a total sale consideration of Rs.25,27,841/-. Originally it was allotted to Mrs.Baljit Sandhu and later on Baljit Sandhu endorsed/assigned all her rights and interest in favour of the complainant including the payments made in this regard vide endorsement Form (F-2) dated 03.09.2013. As per the terms and conditions of the agreement, the possession of the said unit has not been delivered by the opposite party to the complainant within the agreed period of 30 months. The opposite party has already received a sum of Rs.25,71,058/- i.e. Rs.43,217/- excess to the actual cost of Rs.25,27,841/-. Accordingly, complaint has been filed by the complainant against the opposite party for refund of Rs.25,71,058/- alongwith interest at the rate of 12% per annum alongwith compensation and costs.
2. Reply was filed by the opposite party taking preliminary objections that the complainant suppressed the material facts. The flat in question was booked by Baljit Sandhu, who made the part payment and she has not been made as a party to it and that the said Baljit Sandhu had transferred/ assigned all her rights in favour of the complainant. As per the agreement the total amount was to be paid at the time of taking the possession i.e.Rs.25,27,841/- and the complainant has made a total payment of Rs.24,87,032/- to the opposite party and a sum of Rs.83,976/- was paid towards the service tax. The opposite party-company was required to deliver the possession of the apartment by 05.04.2015 to the complainant. However, due to delay in getting the clearance at the Govt. level, the possession of the apartment was delayed. In case of delay, the Consumer Complaint No. 405 of 2016 opposite party is liable to pay penalty of Rs.5/- per sq. ft. per month of the super area to the complainant. It was further stated that the possession could not be delivered due to non-clearance at the Govt. level. There is no deficiency on the part of the opposite party. Complaint is without merit, it be dismissed.
3. In support of their contentions, complainant tendered into evidence the affidavit as Ex.C-A and copies of the documents Endorsement form (F-2) dated 03.09.2013 as Ex.C-1, Receipt dated 23.07.2013 as Ex.C-2, Cheque dated 23.11.2013 as Ex.C-3, Cheque dated 22.05.2016 as Ex.C-3A, statement of account dated 15.12.2016 as Ex.C-4, receipt dated 11.07.2016 as Ex.C-5, legal notice as Ex.C-6, allotment letter as Ex.C-7, agreement for apartment dated 06.04.2012 as Ex.C-8, whereas opposite party filed the affidavit as Ex.OP-A alongwith copies of documents, Builder Buyer Agreement dated 06.04.2012 as Ex.OP-1, payment plan as Ex.OP-2, request letter dated 07.08.2013 as Ex.OP-3, Endorsement Form (F-2) as Ex.OP-4, letter dated 16.12.2015 as as Ex.OP-5, payment plan as Ex.OP-6, letter dated 06.04.2016 as Ex.OP-7, six photographs as Ex.OP-8.
4. During the pendency of the complaint there was compromise between the parties.
5. According to the statement made by the counsel for the opposite party Mr.Raman Walia, Advocate, total principal amount of Rs.25,71,058/- vide which it was agreed that a sum of Rs.15,00,000/- would be payable by draft to the complainant Surinder Singh and his co-applicant Harpreet Kaur. The balance Consumer Complaint No. 405 of 2016 amount of Rs.10,71,058/- would be payable alongwith upto date interest calculated for an amount of Rs.7,85,439/- (Rs.8,72,710/- minus TDS Rs.87,271/-) would be paid to the complainant on 16.04.2018. The amount of Rs.10,71,058/- would be separately carry interest at the rate of 9% interest from 21.02.2018 upto 15.04.2018 (less TDS). The calculation sheet has been provided to the complainant from 01.08.2013 to 20.02.2018 calculated at the rate of 9%.
6. Complainant Surinder Singh alongwith their counsel Sh.Munish Gulati , Advocate have read the statement and had seen the calculated sheet payable before this Commission and the offer made by the counsel for the opposite party-Company and same is acceptable to the complainant and accordingly the complaint be disposed of.
7. On the basis of statements referred above given by the parties we pass the compromise order in favour of the complainant and against the opposite party as under:-
i) Opposite party will pay Rs.15,00,000/- by way of demand draft to complainant Surinder Singh on or before 20.02.2018. ii) Opposite party will pay Rs.10,71,058/-, interest amount of Rs.7,85,439/- and interest on a sum of Rs.10,71,058/- at the rate of 9% per annum from 21.02.2018 to 15.04.2018 to the complainant on or before 16.04.2018. Consumer Complaint No. 405 of 2016 iii) Opposite party will further issue a statement of filing Service Tax and TDS Certificate deposited with the Government of India on or before 16.04.2018.
8. It is made clear that in case the opposite did not comply with the order in aforesaid terms, opposite party will further be liable to pay interest at the rate of 9% per annum on the defaulting amount for the defaulting period. In case the payment is not made by the opposite party as per their statement then the complainant will have a right to recover the same by filing an execution application under section 25 & 27 of the consumer protection act.
9. The complaint is disposed of accordingly.
10. The complaint could not be decided within the statutory period due to heavy pendency of court cases. (GURCHARAN SINGH SARAN) PRESIDING JUDICIAL MEMBER (RAJINDER KUMAR GOYAL) MEMBER January 18, 2018 parmod