Per SURJEET KAUR, Member
Briefly stated the complainants approached the OP for booking a office space for personal use and occupation in their project. The complainants have paid Rs.5,30,204/- towards booking amount. The OP allotted the complainants Unit No.14 on 8thfloor in their project on the basic sale price of Rs.23,81,480/-. The complainants opted for down payment plan. The OP executed a Buyer Agreement and Unit Buyer Option Agreement Assured Return Plan on 27.11.2013 with the complainants. As per Buyer Agreement the possession of the unit was to be delivered within 42 months from the date of execution of the agreement i.e. upto 27.5.2017. As per agreement the OP can charge delayed payment interest @ 24% per annum compounded monthly for the delay in payment by the complainants whereas as per Unit Buyer Option Agreement Assured Return Plan the OP assured return of Rs.53.30 per sq. ft. per month on investment till the offer of possession. The complainants made complete payment in time but despite that the OP failed to deliver the possession of the unit in question in time. It is alleged that the OP did not provide complete assured return to the complainants as per agreement. They paid assured return till September 2019 only and thereafter stopped providing the assured return to the complainants from October 2019 onwards. On the contrary the OP issued a possession demand letter claiming Rs.22,337/- for IFMS and Rs.790/- delay in payment interest which is 24% per annum compounded monthly. T he OP also offered possession by 1.9.2020 vide letter dated 1.8.2020 wherein they demanded Rs.33,737/- payable to the maintenance agency and Rs.19,394/- for electricity meter charges on or before 24.8.2020. It is alleged that the demand of OP demand of Rs.790/- towards interest is unjust and arbitrary as the complainant paid the demand amount in time. Moreover the complainant did not receive any communication to deposit the delay payment for the last 5 years. It is alleged that the OP without obtaining occupation/completion certificate offered the possession. The complainants sent a legal notice to the OP but to avail. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed
2. The Opposite Party in its reply while admitting the factual matrix of the case stated that offer of possession was already made to the complainants on 1.8.2020 upon completion of all the amenities. It is averred that due to force majeure circumstances, there was delay in construction. However, as per agreement the OP had duly paid assured returns to the complainants to the tune of Rs.11,44,865/- from the year 2013 to year 2020 as per the agreement prior to offer of possession and complainants have accepted the same and as such the complainants have no right to seek refund or any delay possession compensation. It is averred that completion/occupation certificate has already been granted by the competent authority. It is averred that the complainants are bound by the terms and conditions of t he buyer's agreement and buyer's agreement assured return plan dated 27.11.2013. All other allegations made in the complaint has been denied being wrong.
3. Rejoinder was filed and averments made in the consumer complaint were reiterated
4. Contesting parties led evidence by way of affidavits and documents.
5. We have heard the learned counsel for the contesting parties and gone through the record of the case.
6. The complainant has prayed through the present complaint seeking possession of the commercial unit No.14 in the project Sushma Chandigarh Infinium at Zirakpur. Admittedly the complainant has paid an amount of Rs.26,22,567/- as per demand of the OPs from his hard earned money but the OPs due to various reasons could not hand over the possession of the same. Despite delay on the part of the OPs in handing over the possession, the Ops kept paying the assured return amount to the complainant till 30.9.2019 but failed to pay after 1.10.2019 till date.
7. The stand taken by the Ops is that the possession was handed over to the complainant already in the year 2020 i.e. on 1.8.2020 vide Annexure C-11 and the complainant was supposed to pay remaining outstanding amount. But the complainant did not come forward to pay the outstanding amount, hence, there is no deficiency on the part of the OPs.
8. After going through the evidence on record it is abundantly, clear that as per Annexure C-10 the Ops received huge amount of Rs.26,22,567/- from the complainants out of their hard earned money
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towards the consideration of the commercial unit in question. It has been duly admitted by the complainant that the OPs kept on paying the assured return amount till September 2019 but offered the possession only on 1.8.2020. In our opinion the complainant is certainly entitled for the aforesaid outstanding assured return amount w.e.f. 1.10.2019 to 31.7.2020 as per Unit Buyer Option Agreement Assured Return Plan Annexure C-4 but the OPs despite several requests by the complainants did not pay the same. We feel, it is due to the non-honouring of their own terms and conditions by the Ops the complainants were forced to indulge in the present unnecessary litigation, which amounts to deficiency in service. Thus, the complainants are liable to be compensated by the OPs.
9. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. OPs are directed as under:-
i. to handover the physical possession of the unit in question to the complainant complete in all respects i.e. electricity availability and requisite water supply and the complainant shall pay the remaining outstanding amount of Rs.23126/- as demanded by the OPs vide Annexure C-10.
ii. to pay the assured return amount to the complainant as per Unit Buyer Option Agreement Assured Return Plan w.e.f. 1.10.2019 till 31.7.2020 with interest @9% p.a. from the due date i.e. 1.10.2019 till onwards.
iii. to pay Rs.30,000/- to the complainant as compensation for causing mental agony and harassment to him;
iv. to pay Rs.10,000/- to the complainant as costs of litigation.
10. This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(ii) & (iii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(i)(iv) above.
11. It is made clear that the complainant shall make applicable maintenance charges only after the completion of complete necessary formalities of handing over the unit to the complainant complete in all respect.
12. It is also made clear that complainants have not to pay any other delay payment interest or any other hidden charges.
13. Pending miscellaneous application(s), if any, also stands disposed off.
14. Certified copies of this order be sent to the parties free of charge. The file be consigned.
sd/- [Pawanjit Singh] President
sd/-
[Surjeet Kaur] Member
sd/-
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29/8/2023 [Suresh Kumar Sardana] Member
mp
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