Punjab

StateCommission

CC/613/2017

Surinder Singh - Complainant(s)

Versus

BCL Homes Ltd. - Opp.Party(s)

Vikrant Pachnanda

28 Mar 2018

ORDER

                                                               FIRST ADDITIONAL BENCH

 

STATE  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,  PUNJAB

          SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

 

                   Consumer Complaint No.613 of 2017

 

                                                          Date of Institution   :  27.07.2017                  

                                                         Order Reserved on : 26.03.2018

                                                          Date of Decision     : 28.03.2018

 

Surinder Singh, residing at Grange Farm Barn, Ashcroft Lane, Lichfield WS140EQ, England, United Kingdom                                                                                                                                                                                                                                                                                                                                                ….Complainant

                                      Versus

 

 

BCL Homes Ltd., Kishanpura, Adjoining Sector 20, Panchkula, NAC Zirakpur.

                                                                          

                                                                             Opposite party

 

Complaint U/s 17(1)(a) of the Consumer Protection Act, 1986 (as amended up to date).

 

Quorum:-

          Shri J. S. Klar, Presiding Judicial Member.

              Smt. Surinder Pal Kaur, Member.

Present:-

          For the complainant         :  Sh. Vikrant Pachnanada Advocate

          For opposite party            :  Ex-parte

  …………………………………………………………………………………….

J. S. KLAR, PRESIDING JUDICIAL MEMBER:-

                                     

                     The complainant  Surinder Singh has instituted this complaint U/s 17(1)(a) of the Consumer Protection Act 1986 (in short the "Act) against OP on the averments that he booked an apartment bearing no. 607-A (hereinafter the 'Flat'), vide an agreement dated 11.07.2011, between them for basic sale price of Rs.37,50,000/-. He had paid a sum of Rs.7,50,000/- as the initial amount, vide receipt no. 002917 dated 2l8.01.2011for INR 5,50,000/- and receipt no. 002901 dated 21.01.2011 for INR 2,00,000/-. Pursuant to agreement entered into between the parties, the complainant has paid total amount of Rs.27,16,640/- to OP. The total super area of the flat fully furnished was 2170 sq. ft consisting of three bedrooms. The complainant agreed to purchase the flat for a sale consideration of Rs.37,50,000/-. The payment for the flat was linked with the construction of the flat. The complainant has made payment of Rs.34,66,640/- to OP and remaining amount was to be paid at the time of delivery of possession. The OP was to complete the construction of the flat within three months of allotment i.e. 11.10.2013 including grace period of three months, as per Clause 9 of the agreement. The construction of the flat was required to be completed by OP by 11.10.2013, as per clause 9 read with Clauses 6 and 7 of the agreement. The OP has not completed the construction and not handed over the possession of the flat to complainant in time. The OP is liable to pay penalty to the complainant for not delivering the possession of the flat. The complainant alleged deficiency in service on the part of OP and seeks below noted directions against OP :-

i)        OPs be directed to hand over the  possession of the flat.

ii)       OP be directed to pay monthly rent as penalty for delay in       handing over the possession amounting to Rs.4,50,000/-

iii)      OP be directed to pay Rs.2 lac as compensation for mental    harassment and Rs.1 lac as cost of litigation.  

2.                Upon notice, none appeared for OP and OP was set exparte, vide order dated 26.09.2017 and complainant was directed to lead exparte evidence.

3.                The complainant has tendered in exparte evidence copies of documents Ex.C-1 to Ex.C-4 and closed his exparte evidence.

4.                We have heard learned counsel for the complainant and also examined the exparte evidence of the complainant on the record. No written version of OP has come forth on the record since OP was set exparte in this case. We have to rely upon exparte evidence of the complainant in this case only. The version of the complainant unfolded in the complaint is before us. The complainant tendered in evidence affidavit of Mandhir Singh Todd his notarized special power of attorney holder on the basis of document dated 24.07.2017. He has deposed on behalf of the complainant. He proved  letter dated 11.07.2011 issued to complainant by OP. It is construction linked payment plan and schedule of payment for balance amount is given in this letter. As per clause, 9 of the allotment letter, OP undertook to deliver the possession of the flat to complainant in 18-24 months with further grace period of three months. Ex.C-2 is notice sent by complainant to OP for possession of the flat on 03.06.2017. Ex.C-3 is the newspaper clipping report, whereby then OP was penalized by the Consumer Forum. The complainant has pleaded and deposed regarding the payments of the amount to OP in this case. The receipts are Ex.C-1 (Colly) to the effect that complainant has paid the amounts to OP as pleaded in the complaint. The total sale consideration of this flat is Rs.37,50,000/- and flat no. 607-A was allotted to complainant. The complainant has paid most of the amount to OP. Despite receipit of money, OP has not delivered the possession of the flat complete in all respects to the complainant. The complainant seeks direction to OP to hand over the possession of the flat  and to pay  rent as penalty paid by complainant and  to pay compensation and cost of litigation, as OP has not handed over the possession of the flat to complainant despite lapse of scheduled time.

5.                Consequently, complaint is allowed exparte and OP is directed to provide the below noted reliefs to complainant :-

i)        OP is directed to hand over the possession of the flat in           question complete in all respects to the complainant as per         agreement          of sell, subject to payment of balance sale      consideration amount , if any, by the complainant to OP. The   complainant shall pay the balance sale consideration amount          to OPs, within a period of one month from receipt of certified        copy of the order and OP shall deliver the complete    possession of the flat to complainant by executing conveyance           deed thereof in favour          of the complainant within a period of     two months after receipt of    entire sale consideration amount from the complainant.

ii)       OP is directed to pay interest @ 12 % p.a over the  deposited           amount of the complainant from the agreed date of delivery of     possession, as per the  allotment letter and buyers agreement         till delivery of possession of the flat.

iii)      The complainant is also awarded compensation of Rs. 50,000/-       for mental harassment and Rs. 20,000/- as costs of litigation.

6.                Arguments in this complaint were heard on 26.03.2018 and the order was reserved. Certified copies of the order be communicated to the parties under rules.

7.                The complaint could not be decided within the statutory period due to heavy pendency of court cases.

 

                                                                          (J. S. KLAR)

                                                             PRESIDING JUDICIAL MEMBER

 

 

                                                                (SURINDER PAL KAUR)

                                                                                MEMBER

March 28, 2018                                                              

(ravi)