Chandigarh

StateCommission

CC/50/2013

Sh. Krishan Chander Chandna - Complainant(s)

Versus

Emaar MGF land Pvt. Ltd. - Opp.Party(s)

Sh. Rakesh Bajaj, Adv.

24 Oct 2013

ORDER

 
Complaint Case No. CC/50/2013
 
1. Sh. Krishan Chander Chandna
Chandigarh
...........Complainant(s)
Versus
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
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE SHAM SUNDER PRESIDENT
 HON'ABLE MR. DEV RAJ MEMBER
 
PRESENT:
 
ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

Consumer Complaint

:

   

Date of Institution

:

15.07.2013

Date of Decision

:

24.10.2013

 

Sh. Krishan Chander Chandna son of Sh. Vishan Narain Chandna resident of H.No.94, Sector 11,Chandigarh. 

……Complainant.

Versus

1]      Chandigarh

2]      New Delhi

             

 

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

                  

BEFORE:   

                  

                  

Argued by: Sh. 

Sh. Ashim Aggarwal, Advocate for the Opposite Parties.

 

PER DEV RAJ, MEMBER

               

2.     

3.     

4.      

5.      

6.     

7.              

8.     , Execution No.48 of 2012 decided on 03.09.2013.

9.             

10.           

11.           

“8.    

 

12.           

“We would be delighted to assist you in your endeavour to get the building plans approved. Further, once the sanctioned building plans are received, should you decide to construct, prior to the company receiving the Completion Certificate from GMADA, we would be happy to facilitate you with temporary electricity and water connection at applicable rates.

We have already initiated community development works like parks, Golf Course, roads, electrical lighting and setting up of STP (Sewage Treatment Plant), Rain Water harvesting system, and the electrical sub stations.

Upon completion of the above and receipt of Completion Certificate from GMADA, we shall commence the process of the execution and registration of sale deeds and shall keep you updated on further developments in relation.”

13.  decided by the National Consumer Disputes Redressal Commission, New Delhi, in similar circumstances, when possession of the plot was not given by the builder to the complainant for a long period, refund of the amount deposited by him with interest and compensation were granted. The principle of law, laid down in

14.           

15.   

                            The Opposite Parties are jointly and severally, directed to refund the amount of Rs.64,63,090/-, to the complainant, alongwith interest @12% per annum, from the respective dates of deposits, till realization, within two months, from the date of receipt of a certified copy of this order.

                           The Opposite Parties are further jointly and severally, directed to pay compensation, in the sum of Rs.1,50,000/-for causing mental agony and physical harassment, to the complainant, within two months from the date of receipt of a certified copy of this order.

                   The Opposite Parties are further jointly and severally, directed to pay cost oflitigation, to the tune of Rs.10,000/-, to the complainant.

                   In 

16.        

17. 

Pronounced.

24th

Sd/-

 [JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

 

 

Sd/-

[DEV RAJ]

MEMBER

AD


 

STATE COMMISSION

(Consumer Complaint No.50 of 2013)

 

Argued by: Sh. 

Sh. Ashim Aggarwal, Advocate for the Opposite Parties.

 

Dated the 24th

 

ORDER

 

               Vide our detailed order of the even date, recorded separately, this complaint, filed by the complainant, has been partly accepted with costs.

 

 

(DEV RAJ)

MEMBER

(JUSTICE SHAM SUNDER (RETD.))

PRESIDENT

 

 

Ad

 

 

 

 

 
[HON'BLE MR. JUSTICE SHAM SUNDER]
PRESIDENT
 
[HON'ABLE MR. DEV RAJ]
MEMBER

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