Chandigarh

StateCommission

MA/286/2022

Amit Kumar - Complainant(s)

Versus

Housing Development Finance Corporation Ltd. - Opp.Party(s)

Rajesh Verma & Mukesh Verma Adv.

12 Jul 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

M.A. No.	:	286 of 2022 in Revision Petition No.11 of 2021
Date of Institution	:	11.04.2022
Date of Decision	:	12.07.2022

 

 

1. Amit Kumar S/o Sh. Lekh Raj, R/o Jhikla Odar, Gharch, Kangra, Himachal Pradesh-176215
2. Aditi Kumari W/o Amit Kumar, R/o Jhikla Odar, Gharch, Kangra, Himachal Pradesh-176215

…..Applicants/Complainants

 

V e r s u s

 

1. Housing Development Finance Corporation Limited having its branch office at SCO 153-155, Sector 8-C, Chandigarh through its Manager/Authorised Signatory. Email Id:-support@hdfcbank.com
2. Gupta Builders and Promoters Pvt. Ltd. having its Office at SCO No. 196-197, Ground Floor, Sector-34-A, Chandigarh-160022 through its Wholetime Directors Sh. Satish Kumar, Sh. Raman Kumar and Sh. Pardeep Kumar. Email ID:- info@gbpgroup.in
3. Sh. Satish Kumar, Wholetime Directors of Gupta Builders and Promoters Pvt. Ltd. having its Office at SCO No. 196-197, Ground Floor, Sector-34-A, Chandigarh-160022 Email ID:- info@gbpgroup.in
4. Sh. Raman Kumar, Wholetime Directors of Gupta Builders and Promoters Pvt. Ltd. having its Office at SCO No. 196-197, Ground Floor, Sector-34-A, Chandigarh-160022 Email ID:- info@gbpgroup.in
5. Sh. Pardeep Kumar, Wholetime Directors of Gupta Builders and Promoters Pvt. Ltd. having its Office at SCO No. 196-197, Ground Floor, Sector-34-A, Chandigarh-160022 Email ID:- info@gbpgroup.in
6. M/s Bajwa Developers Limited, Regd. Office at Sunny Enclave, DesuMajra, Tehsil-Kharar, Punjab, through its Director Sh. Jarnail Singh Bajwa. Email ID:-jsbajwadevelopers@yahoo.com
7. Jarnail Singh Bajwa Director of M/s Bajwa Developers Limited Office at Sunny Enclave, DesuMajra, Tehsil-Kharar, Punjab. Email ID:-jsbajwadevelopers@yahoo.com

…..Respondents

 

BEFORE:           JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT.

                        MRS.PADMA PANDEY, MEMBER.

 

Present:-             Sh.Rajesh Verma, Advocate for the applicants/ Complainants.

                             Sh. Shekhar Verma, Advocate for respondent no.1.

                             Respondent no.2 to 7 exparte vide order dated 04.05.2022.

                            

PER PADMA PANDEY, MEMBER

 

                   The only short question which falls for determination is, as to whether, any case is made out to review the order dated 28.02.2022 passed by this Commission in Revision Petition No.11 of 2021 or not.? 

2.           It is reiterated that the applicants have not been able to place on record any document in the shape of agreement or undertaking having been executed between them and the HDFC wherefrom it could be ascertained that in case the builder fails to deliver possession of the unit  purchased under subvention scheme, they were at liberty to stop making payment of EMIs to the HDFC. As observed earlier also in the revision petition under challenge, vide condition no.4 of the tripartite agreement dated 12.06.2019, Annexure R-1 it was agreed to between the HDFC and the applicants that irrespective of the stage of construction and date of  handing over possession of the unit, the applicants shall be liable to pay to the HDFC regularly each month the EMIs as laid down in the loan agreement. Relevant condition no.4 to this effect is reproduced hereunder:-

“…4. That irrespective of the stage of construction of the Project and irrespective of the date of handing over the possession of the residential Floor to the Borrower by the Developer, the Borrower shall be liable to pay to HDFC regularly each month the EMIS as laid down in the Loan Agreement to be signed by and between HDFC and the Borrower. The Borrower shall execute an indemnity and such other documents as may be required by HDFC in favor of HDFC in this regard…”

3.           Thus, once it was candidly agreed to between the applicants and the HDFC by way of tripartite agreement dated 12.06.2019, Annexure R-1, that irrespective of the stage of construction and date of  handing over possession of the unit, the applicants shall be liable to pay to the HDFC regularly each month the EMIs,  now they cannot wriggle out of the same.
4.           For the reasons recorded above, we did not find any merit in this application for reviewing the order dated 28.02.2022. Resultantly, this application stands dismissed with no order as to cost.  Consequently, M.A. No.480 of 2022 also stands dismissed with no order as to cost and is disposed of, accordingly.
5.           Certified copies of this order be sent to the parties, free of charge.
6.           The concerned file be consigned to Record Room, after completion.

Pronounced

12.07.2022

Sd/-

 [JUSTICE RAJ SHEKHAR ATTRI]

PRESIDENT

 

 

Sd/-

(PADMA PANDEY)

        MEMBER

 

 

 

Gp.