Chandigarh

DF-I

CC/531/2015

Anand Sharma - Complainant(s)

Versus

Ansal Lotus Melange Projects Pvt. Ltd. - Opp.Party(s)

Sandeep Bhardwaj

04 Mar 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/531/2015
Date of Institution	:	11/08/2015
Date of Decision	:	04/03/2016

 

 

Anand Sharma s/o late Sh. Ashok Sharma r/o House No.364J, First Floor, Sector 114, Mohali.

…..Complainant

V E R S U S

1.     Ansal Lotus Melange Projects Pvt. Ltd., through its Director/Authorised Representative, Regd. Office : 1/18B, Asaf Ali Road, New Delhi-110002 through its Director/ authorized representative.

2.     Ansal Properties and Infrastructure Ltd., SCO 183-184, F.F., Sector 9-C, Chandigarh through its Director/ Authorised representative.

……Opposite Parties

 

QUORUM:	MRS.SURJEET KAUR	PRESIDING MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                       

                                                                       

ARGUED BY	:	Sh. Sandeep Bhardwaj, Counsel for complainant
	:	OPs ex-parte.

                       

PER SURJEET KAUR, PRESIDING MEMBER

1.         Sh. Anand Sharma, complainant has filed this consumer complaint under Section 12 of the Consumer Protection Act, 1986, against Ansal Lotus Melange Projects Pvt. Ltd. and another, Opposite Parties (hereinafter called the OPs), alleging that he approached the OPs for purchasing a unit for living in their project “Golf Links” in Mohali, Punjab. The OPs agreed to hand over the possession at the earliest and the complainant agreed to make payment of the unit and to take possession immediately. The OPs issued allotment letter dated 10.9.2009 (Annexure C-1) to the complainant and allotted unit No.364J-FF plot size 250 sq. yards. Subsequently the OPs issued a letter dated 5.9.2010 (Annexure C-2) and informed the complainant about changes in the lay out plan and demanded Rs.1,00,000/- as single PLC. The OPs issued a call notice dated 10.4.2012 (Annexure C-3) and told the complainant to pay Rs.12,48,331.46 and the complainant vide his reply and email dated 22.4.2012 (Annexure C-4 & C-5) sought details.  The OPs vide letter dated 15.9.2012 (Annexure C-10) offered possession, but, the complainant replied (Annexure C-11) and told about the non-completion of the unit. The complainant thereafter also sent emails dated 25.6.2013 and 19.10.2013 (Annexure C-12 & C-13) to the OPs, but, instead of settling his grievance the OPs issued a cancellation notice dated 18.2.2014 (Annexure C-14) wherein he was told to pay Rs.14,18,787 + Rs.5,36,328/- towards interest within 30 days failing which the unit would be cancelled. The complainant replied to the notice on 23.2.2014 (Annexure C-15). Left with no option, the complainant deposited Rs.10,73,000/- towards BSP and EDC and sent letter dated 18.3.2014 (Annexure C-18), but, the OPs refused to accept the same and he sent the same through post vide postal receipt (Annexure C-19). However, even after receiving the amount, the OPs issued the cancellation letter dated 20.3.2014 (Annexure C-20).  According to the complainant, he had deposited the amount under protest and the OPs finally handed over the possession on 28.8.2014 (Annexure C-25).  The complainant has averred that the OPs had received an amount of Rs.7,79,697/- in excess without providing any details and offered possession without obtaining completion  certificate.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant complaint.
2.         Pursuant to the notice issued to the OPs, Sh. Subhash Chand, Advocate appeared on their behalf and filed his vakalatnama and the case was adjourned to many dates for filing reply and evidence. However, on 22.12.2015 neither the reply and evidence was filed nor anybody put in appearance on behalf of OPs, therefore, they were proceeded exparte.
3.         The complainant led evidence in support of his contentions. 
4.         We have gone through the record and heard the arguments addressed by the learned Counsel for the complainant.
5.         The case of the complainant is that he had paid an amount of Rs.7,79,697/- in excess to the OPs towards purchase of a unit in their project.  As per the case of the complainant, he deposited the amount under protest and OPs finally handed over the possession on 28.8.2014 (Annexure C-25). The allegation of the complainant is that the OPs recovered an amount of Rs.7,79,697/- in excess from him without providing any details of the same and offered possession without obtaining the completion certificate.
6.         Pertinently, the OPs chose not to appear before this Forum and were proceeded ex-parte. Therefore, the evidence produced by the complainant has gone unrebutted.
7.         A bare perusal of Annexure C-17, copy of the information received under the RTI Act vide memo dated 13.3.2014 reveals that the promoter i.e. the OPs had not applied for the completion certificate of its project Ansal Golf Links, Sector 114, Mohali.  Further, as per letter dated 28.4.2014 (Annexure C-21) the complainant came to know through the information received under the RTI Act that the revised lay out plan was sanctioned by the Chief Town Planner vide letter dated 18.12.2012.  It is noteworthy that if the lay out plan was sanctioned on 18.12.2012 only, how the OPs could offer the possession on 15.9.2012 as per their letter Annexure C-10. These facts mentioned above are sufficient to prove deficiency in service and unfair trade practice on the part of the OPs as the possession was offered without obtaining the completion certificate which is totally against law. We are of the opinion that even the possession was delivered to the complainant belatedly and as per the case of the complainant, the OPs received the amount from him in excess of the actual amount payable without providing any justification or details for the same. 
8.         In view of the above discussion, we are of the opinion that the present complaint deserves to succeed. The same is accordingly partly allowed. The OPs are directed as under :-

(i)     To refund the amount of Rs.7,79,697/- charged in excess from the complainant;

(ii)    To pay Rs.50,000/- as compensation for mental agony and harassment caused to the complainant;

(iii)   To pay Rs.10,000/- to the complainant as costs of litigation. 

9.         This order be complied with by the OPs within one month from the date of receipt of its certified copy, failing which they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of filing of the present complaint till realization, apart from compliance of direction at Sr.No.(iii) above.
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
04/03/2016	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member