Chandigarh

StateCommission

CC/138/2015

Sushil Singla - Complainant(s)

Versus

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

J.K.Babbar & Manish Bhatnagar, Adv.

04 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

Consumer Complaint No.	:	138 of 2015
Date of Institution	:	15.07.2015
Date of Decision	:	04.11.2015

 

1. Sushil Singla S/o Sh.Megh Raj Singla and
2. Mrs.Sunita Singla w/o Sh.Sushil Singla

       Both residents of House No.669, Sector 16,     Panchkula.

 

……Petitioners/Complainants

V e r s u s

1. Emaar MGF Land Pvt. Ltd., through its Managing Director, Regd. Office : MGF House, 17-B Asaf Ali Road, New Delhi – 110 002.
2. Emaar MGF Land Pvt. Ltd., through its Managing Director, Branch Office : SCO No.120-122, Sector 17-C, Chandigarh. 

 

 

 

……Opposite Parties

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SMT. PADMA PANDEY, MEMBER.

 

 

Argued by:

 

Sh.J.K.Babbar, Advocate for the complainants.

Sh.Sanjeev Sharma, Advocate for the Opposite Parties.

               

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

(ORAL)

            Petitioners/complainants have filed this complaint seeking issuance of directions to the Opposite Parties to hand over possession of a plot purchased by them in the year 2007. It is stated by them that they had paid the entire amount towards price of the said plot. Possession was to be delivered in the year 2010. However, for want of complete development at the site, possession was delayed. To the contrary, it is stated by the Opposite Parties that possession, as a matter of fact, was offered to the complainants in the month of April, 2012. There is a serious dispute on issues as to whether at that time development of infrastructure was complete or not.

2.         Besides claiming possession, the complainants are also demanding penalty for delayed possession and interest upon amount deposited by them.

            We need not to go into all these issues and we appreciate efforts made by the parties to settle this dispute in an amicable manner.

3.         Vide letter dated 25.09.2014 (Annexure C-5) following demand was raised by the Opposite Parties against the complainants:-

 

Payable Components	Amount Payable (Rs.)
Over dues (if any) including applicable Service Tax as on date	0.00
Delayed Payment Charges, as applicable	0.00
Electrification Charges @47.5 per SYD	19,000.00
Stamp Duty Charge Rs.5,76,000/-	5,76,000.00
Interest Free Maintenance Security @100 per SYD	40,000.00
Registration Charges Rs.72000/-	72,000.00
Club Membership Charges Rs.100000/-	112360.00
Electricity Connection Charges Rs.27010/-	27,010.00
Enhanced EDC Rs.97,328/-	97,328.00
Monthly Maintenance Charges from 01-JUL-14 to 31-MAR-15 @ 3.25 Per SYD + Service Tax @ 12.36%	13,146/-
Water Charges @1500/- Fixed plus 400/- Pm/Sq. yds from 01-JUL-14 to 31-MAR-15 including Service Tax @12.36%	5,730/-
Total :	9,62,574.48

 

4.         At the time of arguments, it is agreed by the Sh.Sanjeev Sharma, Advocate, Counsel  for the Opposite Parties, on getting instructions from Mr.Sachin Kapoor, Sr. Manager (Legal) of Emaar MGF Land Pvt. Ltd. that in terms of Agreement between the parties, demand of Rs.9,62,574/-, as referred to above, shall be restricted upon, rather the amount shall be paid as under :-

            The complainants will not pay electrification charges of Rs.19,000/-, as claimed and further an amount of Rs.5730/- claimed towards use of water. However, water charges shall be payable as and when construction activities started by the complainants. As regards Monthly Maintenance Charges, the complainants will pay from the date when they will take possession.  An amount of Rs.97,328/- towards enhanced EDC shall be payable by the complainants to the Opposite Parties within one month from the date of taking possession of the plot. With regard to Club Membership Charges, the complainants shall pay the same to the Opposite Parties, when they opt to be member of the club, in future. They shall also pay Interest Free Maintenance Security Charges, as and when possession is taken up by the complainants. Stamp Duty Charges, Registration Charges shall be payable by the complainants as and when they opt for registration of the plot in their name or anybody others name. Any other statutory charge, if applicable, shall also be payable by the complainants, at that time. So far as Electricity Connection Charges are concerned, that amount shall be payable as and when metered electric supply is given to the complainants, besides cost of the meter and installation charges.

The above concession given is acceptable to the complainants through their Counsel.

5.         In view of the order passed, the demand raised in Annexure C-10 (Maintenance Bill) and Annexure C-11 dated 19.06.2015 becomes redundant.

6.         It is encouraging to note that matter has been settled amicably. In the interest of justice, we further order that an amount of Rs.1,00,000/- be paid by the Opposite Parties to the complainants, as a matter of goodwill gesture. The possession be delivered to the complainants within one month from today. The said possession be delivered in the presence of Sh.Sanjeev Sharma, Advocate and Mr.Sachin Kapoor, Sr. Manager (Legal) of Emaar MGF Land Pvt. Ltd. (Opposite Parties).

7.         In view of the above observations, this complaint stands disposed of accordingly.

8.         Certified copies of this order be sent to the parties, free of charge.  

9.         File be consigned to the Record Room after completion.

Pronounced

November 04, 2015.                          Sd/-

                             

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

Sd/-

(PADMA PANDEY)

      MEMBER

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