DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Lalit Arora s/o Sh. Vir Bhan Arora, R/o H.No.778, Sector 8, Panchkula.

…..Complainant

                 V E R S U S

1]   Emaar MGF Land Pvt. Ltd., SCO 120-122, Sector 17-C, Chandigarh through its Managing Director.

2]   Emaar MGF Land Pvt. Ltd., ECE House, #28 Kasturba Gandhi Marg, New Delhi through its Director.

                        ……Opposite Parties

CORAM:   SH.P.D.GOEL                      PRESIDENT

          SH.RAJINDER SINGH GILL           MEMBER

              DR.(MRS) MADANJIT KAUR SAHOTA     MEMBER

Argued by: Sh.Subhash Chander Sharma, Counsel for Complainant.

           OPs ex-parte.     

PER P.D.GOEL, PRESIDENT

          Briefly stated the complainant was allotted a Plot No.516 measuring 300 Sq. yards in Mohali Hills. Prior to allotment, the complainant filled advance registration form and also enclosed a cheque and basic price @ Rs.10,000/- per sq. yard + E.D.C. as applicable per sq. yard as per the prevailing rate on allotment of PLC, if applicable and the same was accepted by the OPs. The complainant alleged that at time of issuance of allotment letter dated 20.06.2007, the OPs mentioned the rate @ Rs.11,500/- per sq. yards instead of Rs.10,000/- per sq. yard, which was against the terms and condition of the advance registration form. The complainant averred that he visited the OPs number of times and requested them not to charge at the rate of Rs.11,500/-. However, the OPs assured him that the excess amount will be adjusted in the future installments, but till today they did not adjust Rs.4,50,000/-.

          The complainant further submitted that he had deposited Rs.35,21,604/- towards due installments till 17.03.2009. The complainant further averred that when he visited the project site, it was found that no development work has been done till date, like roads, sewerage, electricity poles and other basic amenities. The complainant averred that as per agreement dated 20.06.2007, the project was to be completed within two years, which period expired on 19.06.2009, but nothing has been done by the OPs till today. Ultimately, a legal notice was got served upon the OPs, but to no avail. Hence, this complaint.

2.        OPs did not turn up despite service and hence, suffered ex-parte.

3.        Complainant led evidence in support of their contentions.

4.        We have heard the learned counsel for the Complainant and have also perused the record.

5.        The averments made in the complaint stands corroborated from the affidavit of the complainant, as well as the Annexures (Pg. 14 to 35). The learned counsel for the Complainant argued that as desired by the OPs, the advance registration form was given, along with a cheque for Rs.10,000/-. The parties to the lis agreed that the basic price of the plot will be @ Rs.10,000/- per sq yards + EDS, as applicable. However, when the allotment letter dated 20.06.2007 was issued, the plot was allotted in Augusta Park, Sector 109, Mohali Hills @ Rs.11,500/- per sq. yard.

6.        We do not, however, find any merit in this argument, because in the Plot Buyer’s Agreement (Pg.15), to which the Complainant was a signatory, he himself consented that the plot may be allotted to him at this rate i.e. Rs.11,500/- per sq. yard.

7.        The contention of the Complainant is that he had deposited a total consideration of Rs.35,21,604/- on account of the due installments till 17.03.2009. This assertion is duly fortified by the receipts placed on record by the Complainant from Pages 22 to 30.

8.        It is the case of the Complainant that when he visited the Project site, he found that there was no development over said site, which the OPs were bound to provide before handing over the possession of the Plot.

9.        As per clause 8 of the of the Agreement dated 20.06.2007, referred to above, possession of the plot to the allottee was to be given within the period of two years from the execution of agreement, but not later than three years for reason of any force majeure event or any other reason beyond the control of the company. In this way, the OPs had to develop the project with the aforesaid time frame, which expired on 19.06.2009.

10.       As held in Para 6 (supra), the Complainant is not entitled for the amount of Rs.4,50,000/-. As such, the prayer with regard to it, made in the prayer clause of the complaint, is declined.

11.       The OPs were served, but they did not care to contest the claim of the Complainant, as such, it can be concluded without any hesitation that either the OPs admit the claim of the Complainant or they have nothing to say in the matter. More so, the evidence led by the Complainant goes unrebutted.

12.       As a result of the above discussion, the complaint is allowed and the OPs are directed to pay interest @12% p.a. over amount of Rs.35,21,604/-, deposited by the Complainant with the OPs from the respective date of deposit, till the date of handing over the possession of the Plot in question. The OPs shall also pay Rs.25,000/- as compensation for causing mental and physical harassment to the Complainant & adopting unfair trade practice, along with litigation costs assessed at Rs.10,000/-.

13.       Certified copies of this order be sent to the parties free of charge. The file be consigned.