Hemlata v. Allied Infrazone & Developers Pvt. Ltd.,

Consumer Complaint No : 557 of 2017 Date of Institution : 24.07.2017 Date of Decision : 17.10.2018 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH ====== 1] Hemlata wife of Kuldeep Singh, 2] Kuldeep Singh son of Sh.Sham Singh, Both residents of H.No.C-145, Panjab University Campus, Sector 14, Chandigarh. ..Complainants Versus 1] Allied Infrazone & Developers Pvt. Ltd., SCO No.64-65, Sector 17-A, Top Floor, Chandigarh through its Director/Managing Director/Authorised Signatory. 2] Syed Hussain Shanaz, The Director, Allied Infrazone & Developers Pvt. Ltd., SCO No.64-65, Sector 17-A, Top Floor, Chandigarh 3] Punjab Empires Pvt. Ltd., Registered Office at House No.2022, Phase-10, SAS Nagar, Mohali, Punjab through its Director/Managing Director/ Authorised Signatory. 4] Randhir Sood, The Director, Punjab Empires Pvt. Ltd., Office at House No.1309, Sector 15-B, Chandigarh. 5] The Dewan Housing Finance Corporation Ltd., SCO No.811-812, Second Floor, Sector 22-A, Chandigarh through its Manager/Authorised Signatory. . Opposite Parties BEFORE: SH.RAJAN DEWAN PRESIDENT SMT.PRITI MALHOTRA MEMBER SH.RAVINDER SINGH MEMBER : Sh.Arun Kumar, Adv. for complainant.Argued By Sh.Amit Jindal, Adv. for OPs NO.1 & 2. Sh.Rajesh Pal, Adv. for OPs No.3 & 4. Sh.Sandeep Suri, Adv. for OP No.5. PER RAVINDER SINGH, MEMBER The case of the complainant, in brief is that, they on 8.5.2014 applied with OPs No.1 & 2 for residential flat in the project namely Premium Homes of OPs No.3 & 4 in Gulmohar Valley, Lalru, District SAS Nagar, Punjab for personal use and the total cost of the flat was Rs.12,39,000/-. The complainant paid Rs.60,000/- to the Opposite Parties on 14.5.2014 along with the application form and then paid Rs.1,20,000/- on 23.6.2014 and Rs.1,20,000/- on 20.8.2014 respectively with Opposite Parties No.1 & 2 against receipt. Thereafter, the complainants and Opposite Parties NO.3 & 4 have entered into Apartment Buyer Agreement on 17.10.2014 and paid Rs.39,000/- in cash to OPs No.3 & 4. It is averred that the Opposite Parties NO.3 & 4 allotted Flat No.347-C, measuring 645 sq. ft. on 2 Floor, Premium Homes, Gulmohar Valley, Lalru, Districtnd SAS Nagar, Punjab vide Allotment letter dated 25.2.2015. It is also averred that as per Clause No.10 of the Apartment Buyer Agreement, the Opposite Parties NO.3 & 4 were to deliver the possession of said flat to the complainant within 24 months from the date of execution of the Agreement. It is submitted that the complainants also availed loan from Opposite Party NO.5 for the said flat and paying the regular installment to the Opposite Parties as well as of loan amount and in this way, the complainant paid a total sum of Rs.10,80,689/-(i.e. Rs.6,39,000/- + Rs.4,41,689/- vide Ann.C-4 & C-7) to the OPs. It is also submitted that the complainants visited the site in 2016 & 2017, but the work at the site as well as of the allotted flat has not been completed. As such, the complainants sought refund from the Opposite Parties of their deposited amount, but to no avail. Hence, this complaint has been filed for claim of Rs.10,80,689/- with interest, along with compensation and litigation cost alleging deficiency in service and unfair trade practice on the part of Opposite Parties. 2] The Opposite Parties No.1 & 2 have filed reply stating that they were engaged to monitor, supervise and to receive the payments on behalf of M/s Punjab Empires Pvt. Ltd./OPs No.3 & 4. It is stated that the OPs No.1 & 2 simply took Rs.6 lacs and further paid it to Opposite Parties No.3 & 4 before the execution of the Apartment Buyer Agreement, which is the actual developer of Premium Homes. It is stated that the OPs No.1 & 2 did not gave any assurance about the delivery of the flat. It is also stated that the payments were made to Opposite Parties NO.3 & 4, the agreement was also executed with Opposite Parties No.3 & 4 and the possession was to be delivered by OPs No.3 & 4 only. Pleading no deficiency in service and denying rest of the allegations, the Opposite Parties No.1 & 2 have prayed for dismissal of the complaint qua them. The Opposite Parties No.3 & 4 have also filed reply and while admitting the factual matrix of the case, denied that they have failed to deliver the possession of the flat to the complainants. It is submitted that the flat in question has been fully finished in all respects within a stipulated period of two years and it is the buyers i.e. complainant, who did not come forward to pay the balance amount of more than Rs.2 lacs plus registration charges, to take the possession in time. It is stated that the flat in question, so applied by the complainant was not for their personal use, rather, it has been applied with intention to make profits by selling it further. The payment of Rs.10,41,689/- is admitted to have been made by the complainants against the flat in question. It is submitted that the flat in question was ready in all respect, in the year 2016 and fully finished for possession of the complainants, but they themselves did not turn up to take possession and to make balance payment due to recession in the real estate market. It is further submitted that the OPs NO.3 & 4 are still willing to give possession to the complainants subject to clearance of all dues. Denying other allegations and pleading no deficiency in service, the Opposite Parties have prayed for dismissal of the complaint. The Opposite Party No.5 has filed short reply stating therein that the flat in question has been mortgaged to it and against it an amount of Rs.4,41,689/- is payable by the complainant. It is stated that Opposite Party No.5 is only a financer who, on the application of the complainants has agreed to finance a loan facility to them and as such paid an amount of Rs.4,41,689/-. Denying other allegations, the Opposite Party No.5 has prayed for dismissal of the complaint qua it. 3] Complainant also filed rejoinder thereby reiterating the assertions made in the complaint. 4] Parties led evidence in support of their contentions. 5] We have heard the ld.Counsel for the parties and have also perused the record. 6] The complainant has booked a flat with M/s Punjab Empires Pvt. Ltd./OPs No.3 & 4 in their project namely Premium Homes, Gulmohar Valley, Lalru, District SAS Nagar, Punjab at a total cost of Rs.12,39,000/- through Allied Infrazone & Developers Pvt. Ltd./OPs No.1 & 2 vide their application Ann.C-1. The apartment Buyer Agreement (Ann.C-4) was executed on October, 2014. The complainant has paid to the Opposite Parties a total sum of Rs.10,41,689/- i.e. Rs.6,39,000/- by self and an amount of Rs.4,41,689/- by getting finance from Opposite Party No.5. 7] As per the Apartment Buyer Agreement (Ann.C-4), the Opposite Parties shall have to give possession of the flat to the purchaser within 24 months from the date of the execution of Agreement and incase of delay, they undertook to pay compensation @Rs.5/- per sq. ft. of the super built-up area per month as holding charges for the entire period of such delay (Para No.10 of Agreement). 8] Despite lapse of four years, the OPs have failed to execute and develop the project as per their commitment. Mr.Arjun Sharma, Advocate, was appointed as Local Commissioner on 19.7.2018 to give status report as to whether the flat in question is inhabitable and ready for possession or there is still any shortcomings therein. Accordingly, Mr.Arjun Sharma, Local Commissioner, visited the spot and submitted his report dated 29.7.2018 wherein it has been reported that the flat in question is in such a shabby condition, which is not worth habitation. He has pointed out several serious shortcomings in the construction material used in the flat. The photographs of the project in & around and that of the flat in question also lead to very sorry state of affairs. The Opposite Parties have taken the money in 2014 from the complainant, but they have not shown any curtesy to furnish the flat in question to the satisfaction of the complainant/buyer despite various opportunities offered to them by this Forum during the pendency of this complaint. The complainants have definitely booked the flat in question and paid such a huge amount with an aim to live in that house for their comfort, but in the present scenario, it is not possible for them to shift and live therein. Thus the acts & conducts of the OPs amounts to indulgence into unfair trade practice and also gross deficiency in service towards the complainants causing them mental agony, physical harassment and financial loss. 9] The Opposite Parties No.1 & 2 are also equally liable along with Opposite Parties No.3 & 4 since they have booked the flat in question, received the booking amount and engaged to monitor and supervise the project in question under which the complainants booked the flat. 10] Taking into consideration the facts & circumstances of the case, as discussed in the preceding paragraphs, the complaint is hereby allowed. Accordingly, the OPs No.1 to 4 are jointly & severally directed to refund the total amount of Rs.10,80,689/- to the complainants, with interest @12% per annum from the respective date of deposit(s) and also to pay compensation of Rs.50,000/- for causing them mental & physical harassment along with litigation cost of Rs.10,000/-, within a period of 30 days from the date of receipt of copy of this order. Certified copy of this order be sent to the parties, free of cost. File be consigned to record room. Announced

17 October, 2018 Sd/-th (RAJAN DEWAN) PRESIDENT Sd/- (PRITI MALHOTRA) MEMBER Sd/- (RAVINDER SINGH) MEMBER