STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

1.     Sh. Chandan Singla

2.     Sh. Shamender Sharma both r/o House No.2281, Urban Estate, Phase 2, Dugri, Ludhiana.

……Complainants

V e r s u s

Emaar MGF Land Limited, through its Manager, having Office at SCO 120-122, Sector 17-C, 2^ndthFloor, Chandigarh-160017

Complaint under Section 17 of the Consumer Protection Act, 1986.

BEFORE:  

Argued by:Sh. Satish Chowdhary, Advocate for the complainants.

JUSTICE SHAM SUNDER (RETD.), PRESIDENT

2.           

3.           , deposited by them, in the manner, referred to above, alongwith interest @24% P.A.; compensation, to the tune of Rs.9 lacs, for financial loss and deficiency, in rendering service; and cost of litigation, to the tune of Rs.33,000/-.

4.           

5.           

6.            

7.            

8.            

9.             

10.        

“As you are aware, the real estate sector in India has witnessed some sharp upheavals in the past few months due to sudden change in the global economy. However, we have, keeping in mind the interests of our valuable customers, by putting extra efforts and resources continued with the development of the Project and are now pleased to inform you that we are ready to hand over the possession of the Plot allotted to you.

The development activities in all three sectors of Mohali Hills i.e. Sector 105, 108 and 109 are in full swing and we are pleased to inform you that significant progress has been made with respect to development of basic infrastructure like water pipelines, sewer pipelines and development of roads, parks in these sectors. The development work of road and other basic infrastructure has been completed in portions of Augusta Park Sector 109, Mohali Hills, where your Plot is situated. Further, you may note temporary electricity and water connection has already been sanctioned for the Project.

In view of the above development and our constant endeavor to enhance our customer`s satisfaction, we are prepared to hand over possession of the Plot to you, subject to your making payments mentioned below.

On the basis of ground demarcation, the area for your plot has been increased/decreased and as a consequence the revised area is 318 sq.yards, and in view thereof the total consideration has been revised. The details of which is mentioned hereunder;

1.Outstanding amount (if any) towards the Plot amounting to Rs.243021.2/- as per payment plan agreed by you.

2.Delayed interest thereon (if any) @15%

3.Payment of additional External Development Charges levied by Government of Punjab as and when communicated by the company.

On our complying with the aforementioned conditions, the possession of the Plot shall be handed over to you. You may note that all payments, with respect to the consumption of electricity and water shall be made by you, at actuals, to the Company.

Pursuant to taking possession, you may apply to the appropriate authority for sanction of building plans to initiate construction on the Plot.Kindly note on completion of the infrastructure work for the entire Project we shall execute sale deed, in your favor, for the Plot subject to you making payment for Stamp Duty and Registration Charges at the rate prevailing on the date fixed for execution of the sale deed. However, till the time of execution of the sale deed the terms and conditions under the Plot Buyer`s Agreement shall remain valid and would be binding between us.

In case you are agreeable to take possession of the Plot, on the terms and conditions mentioned hereinabove, you are requested to give your consent to the foregoing by signing and returning the duplicate copy of this communication as token of your acceptance”.

11.         at pages 50 and 51 of the file, wherein, it was, in clear-cut terms, made clear that they visited the site again, and found that there was a fencing between the road and they (complainants) had to take a zigzag way to reach their plot; no sewerage treatment plant, was available there; water pipelines, electricity and other basic amenities were also not inexistence.

12.         01.07.2011, Annexure RW/B^{, was only a paper possession.In case, all these development activities, had been undertaken, and completed at the site, as mentioned in the letter dated 01.07.2011, Annexure RW/B, then it was for the Opposite Party, which could be said to be in possession of the best evidence, to produce cogent and convincing documentary evidence, in the shape of the reports and affidavits of the Engineers/ Architects, as they could be said to be the best persons, to testify, as to whether, all these development activities, had been undertaken and completed at the site or not. As stated above, the entire price of the plot, in question, to the tune of Rs.42,28,905/-,} 

13.         are clearly distinguishable, from the facts of the instant case. In that case, the complainant was allotted booth No.48-P, Sector 17, Faridabad, measuring 27 sq. yards, in open auction, vide allotment letter dated 19.04.1996. After paying the requisite 25% of the bid amount, possession was given to the complainant, on 14.05.1996. Thereafter, the complainant did not pay the 10 equated installments, towards the price of shop and the same was resumed. The auction was made on, as-is-where-is basis. There was no agreement, between the parties, in the aforesaid case, that the provision of amenities shall be a pre-condition. In the instant case, there was an Agreement, executed between the parties, according to which the amenities were required to be provided to the complainants, before handing over the possession of the plot. Not only this, even the External Development Charges, had been deposited, by the complainants, and it was the duty of the Opposite Party, to ensure that there was external development at the site, before the possession of plot, was handed over to them. Since, the External Development Charges, as stated above, were obtained by the Opposite Party, it was its duty to get the external development made even before the scheme was actually launched and the plots were carved out. No help, therefore, can be drawn, by the Counsel for the Opposite Party, from

14.         decided on 23.10.2008,to contend , the appellant offered possession to the re-allottees, and they took possession of their plots on 13.09.1996, 21.03.2000 and 27.06.2002, respectively. They approached the District Forum, in the year 1997, within a short period, from the dates of re-allotment of plots, in their favour. They had not paid the full price, when they approached the District Forum. In these circumstances, it was held that payment of interest was neither warranted nor justified. Whereas, in the instant case, after the plot, in question, was transferred, in the name of the complainants, by the Opposite Party,  they (complainants) stepped into the 

15.        

16.        

17.        

18.        for the Opposite Party, however, submitted that the parties being governed, by the terms and conditions ofthe Plot Buyer`s Agreement dated 04.07.2007 Annexure C-2,the Plot Buyer`s Agreement dated 04.07.2007 Annexure C-2. Had the complainants prayed for possession of the residential plot, in question, the matter would have been different. The complainants, in our considered opinion, as stated above, are entitled to the refund of amount, alongwith interest @12% P.A.  

19.         .

20.        For the reasons recorded above, the complaint is partly accepted, with costs, in the following manner:-

                       The Opposite Party is directed to refund the amount of Rs.42,28,905/-,to the complainants, alongwith interest @ 12% per annum, from the respective dates of deposits, within 45 days, from the date of receipt of a certified copy of this order.

                      The Opposite Party is further directed to pay cost of litigation, to the tune of Rs.20,000/-, to the complainants.

                     In case, the payment of amount, mentioned in Clauses (i), is not made, within the stipulated period, then the Opposite Party shall be liable to pay the same, alongwith interest @15% P.A., instead of 12% P.A., from the respective dates of deposits, till realization, besides payment of litigation costs, to the tune of Rs.20,000/-.

21.         Certified Copies of this order be sent to the parties, free of charge.

22.        

Pronounced.

February 3, 2014

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

[DEV RAJ]

MEMBER

Sd/-

(PADMA PANDEY)

Rg.