^{STATE CONSUMER DISPUTES REDRESSAL COMMISSION,}

^{UNION TERRITORY, CHANDIGARH}

EMAAR MGF Land Limited through its Branch Head and having office at SCO No.120-122, 1st Floor, Sector 17-C, Chandigarh.

^Versus

1. Lajwanti Tehlan wife of Sanjay Tehlan resident of House No.87, Sushma Villas, Swastik Vihar, Zirakpur, Punjab.
2. Sanjay Tehlan son of Jai Ram, House No.87, Sushma Villas, Swastik Vihar, Zirakpur, Punjab.

^{.…..Respondents/Opposite Parties.}

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:

Argued by^{:Sh. Sanjeev Sharma, Advocate for the appellant.}

PER DEV RAJ, MEMBER

“12]             In view of the foregoings, we allow the complaint.  The OP is directed to refund the entire deposited amount of the complainants i.e. Rs.5.00 lacs with interest @9% p.a. from the date of deposit i.e. 31.3.2013 till its actual payment.  The OP is also directed to pay compensation of Rs.25,000/- for causing mental & physical harassment, apart from paying litigation cost of Rs.15,000/-.

                This order be complied with by the OP within a period of 30 days from the date of receipt of its receipt, failing which the OP shall refund the entire deposited amount of the complainants i.e. Rs.5.00 lacs with interest @12% p.a. from the date of deposit i.e. 31.3.2013 till its actual payment and also to pay interest on the amount of compensation of Rs.25,000/- from the date of filing of this complaint i.e. 27.11.2013 till actual payment, apart from paying litigation cost as aforesaid.”

2.               ^{the complainants, who were looking for a decent residential accommodation at Mohali, got allured by the advertisements and promotions of the Opposite Party, and approached it (Opposite Party) in respect of its project namely Mohali Hills, Sector 109, SAS Nagar, Mohali, Punjab. It was stated that on the assurances of the Opposite Party to provide residential accommodation within 24 months from the date of signing the agreement/application, the complainant agreed to purchase a residential unit, in Sector 109, Mohali Hills, and, as such, deposited an amount of Rs.5.00 lacs as booking amount, through cheque on 31.3.2013 (Annexures C-1) alongwith application form (Annexure C-2). It was further stated that after booking of the plot, the complainants came across a news article, in the newspaper, in April, 2013 that the Opposite Party had been penalized by the Consumer Court for not handing over possession, in time, and it was also held liable for unfair trade practice. It was further stated that, accordingly, the complainants inquired from the Opposite Party about the requisite permissions, layout plans, availability of water and electricity connections, but it failed to provide the necessary information and verbally assured that all the permissions were in place.  It was further stated that the complainants were not satisfied with the reply of the Opposite Party and, on being suspicious, they visited the site and shocked to see the ground reality that no development was there at the actual project site in Sector 109, no approach/connecting roads, no proper internal roads, no water and drainage system, and no street light were in existence. There was not even a semblance of any development being carried out in Sector 109 where the complainants were allotted the plot. It was further stated that the land at the site was filled with pits, ditches and the area was inundated with water.}

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5.             ^{The Opposite Party, in its written statement, took up a specific preliminary objection, that since the Corporate Office and registered office of the Opposite Party is situated at Delhi and the plot, in question, is situated at Mohali, therefore, the District Forum had no territorial jurisdiction to entertain and try the complaint. On merits, it was admitted that the complainants had signed advance application form and deposited a sum of Rs.5 lacs, as earnest money.  It was stated that the total price of the plot, in question, was more thanIt was further stated that the Opposite Party was neither deficient, in rendering service nor did it indulge into unfair trade practice. The remaining averments, made in the complaint, were denied}

6.        The complainants filed replication, wherein they reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of the Opposite Party.

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12.              The Counsel for the respondents/complainants submitted that the appellant/Opposite Party, did not have the necessary permissions and sanctions. It was further submitted that there was no sign of development, in the area where the plot, in question, was allotted. It was further submitted that, till date, there was no communication forfeiting the sum of Rs.5 lacs, deposited by the respondents/complainants. It was further submitted that the order of the District Forum was correct and, therefore, the same was liable to be upheld.

13.              Admittedly, the respondents/complainants submitted an application for the allotment of a residential plot bearing. No.109-AG-736-501 measuring 419.13 Sq. Mts (501.272 Sq. Yards), by making payment of booking amount of Rs.5 Lacs on 31.3.2013. As per the payment schedule, the respondents/complainants were required to make payment of Rs.98,34,956.64Ps less Rs.5 Lacs i.e. Rs.93,34,956.64Pss within 45 days latest by 14.6.2013 but, after making payment of Rs.5 Lacs, no further payment was made by them. Thus, they violated the terms and conditions of the application for allotment. The respondents/complainants also did not execute the plot buyer’s agreement, despite being asked to do so. The relevant terms and conditions, appended to and forming part of the Application for Registration and Booking of the plot for provisional allotment are extracted hereunder:-

“1. Definitions and Interpretation:

                  “Earnest Money” shall mean the booking amount of Rs.5,00,000/- (Rupees Five lacs only)paid by the Applicant alongwith this Application.

(2) The 

(13) The Applicant understands that the Company shall treat the booking amount of Rs.5,00,000/- (Rupees Five lacs only) as Earnest Money to ensure fulfillment by the Applicant of the Terms and Conditions contained herein and as may be specified in the Agreement.

(14)   

14.              

“(xi) The Applicant undertakes to sign and return the Agreement, together with all the annexures, draft tripartite maintenance agreement alongwith the amounts due and payable as set forth in the Payment Plan within a period of 30 (Thirty) days of the receipt of the Agreement. If the Applicant fails to execute the Agreement and deliver to the Company within the stipulated period, then the Application of the Applicant shall be treated as cancelled and the Earnest Money shall stand forfeited and balance after adjusting the Non-Refundable Amounts shall be liable to be refunded.”

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Pronounced.

July ^.

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

[DEV RAJ]

MEMBER

Sd/-

[PADMA PANDEY]

MEMBER

AD