Chandigarh

DF-II

CC/443/2016

Sonali Garg - Complainant(s)

Versus

M/s Emaar MGF Land Limited - Opp.Party(s)

Vijaypal Singh Namdev Adv.

01 Jul 2016

ORDER

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

 

Consumer Complaint  No	:	443 of 2016
Date  of  Institution	:	22.06.2016
Date   of   Decision	:	01.07.2016

 

 

 

 

 

Sonali Garg daughter of Shri Dharam Pal Bansal, aged 46 years, resident of House No.201, Sector 7, Panchkula.  

 

                          ....Complainant

Versus

 

1]       M/s. Emaar MGF Land Limited [Formerly known as M/s Emaar MGF Land Private Limited], through its Managing director, ECE House, 1^st Floor, 28 Kasturba Gandhi Marg, New Delhi 110 001.

 

2]       M/s. Emaar MGF Land Limited, through its Executive Business Development – Head, Branch Office: SCO No.120-122, 1^st Floor, Sector 17-c, Chandigarh 160 017

 

3]       M/s. Emaar MGF Land Limited, through its Branch Manager, Site Office: Sector 105, Landran Banur Highway, Opposite Reliance Petrol Pump, Mohali 160 062

…. Opposite Parties

 

BEFORE:   SH.RAJAN DEWAN                         PRESIDENT

SH.JASWINDER SINGH SIDHU       MEMBER\

 

Argued by:-

                        Sh.Vikas Jain, Counsel for the complainant.

                       

 

PER RAJAN DEWAN, PRESIDENT

 

                    The complainant has filed the instant complaint under Section 12 of the Consumer Protection Act, 1986 alleging therein that she has subscribed for a 300 sq. yard plot in “Mohali Hills” project of the OPs, situated at Sector 109, Mohali, by making an upfront payment of Rs.10,35,000/- on 06.09.2006 and Rs.75000/- towards the transfer fee which was never disclosed at the time of finalizing the plot in question.  A provisional allotment of the plot was made in the name of the complainant vide letter dated 11.5.2007 (Ann.C-4) and the same was agreed under the installment payment plan with the basic sale price of Rs.34.50 lacs with additional cost on account of EDC & PLC charges, total into Rs.36,19,104/- as per page 47 of Ann.C-4.  A Plot Buyer’s Agreement was also entered into between the parties on 20.6.2007, Annexure C-5 and the parties were bound by the terms & conditions of said agreement.  The complainant had made a major payment against the said allotted plot, amounting to Rs.34,46,604/- with the remaining balance of Rs.3,26,687/-, as per Annexure C-9.  The remaining balance was payable at the time of execution of the conveyance deed of the plot in the name of complainant.  The OPs in the meanwhile relocated the offered plot No.109-AG-638-300 to Plot No.109-AG-599-300 in the same project of Mohali Hills, vide their letter dated 26.06.2015 (Annexure C-10). The complainant while preferring the present complaint has raised many objections and sought compensation on account of deficiency in service against the OPs and also on account of mental agony and harassment.

2.                We have heard the ld. Counsel for the complainant at the preliminary hearing.

3.                After going through the entire file along with annexures, this Forum could not locate even a single grouse of the complainant, which she had raised with the OPs and the same remained unaddressed giving rise to a consumer dispute, on account of which, the OPs could be held liable for deficiency in service on their part.  Therefore, we are of the concerted view that the complainant should have raised her objection with the OPs, on each such aspect, that she has mentioned in her present complaint, and after having given an enough opportunity and caution, should have filed the present complaint. Hence, in our opinion, the present complaint is pre-mature, at this stage, and the complainant must raise these issues with the OPs for the reason that the footnote of Annexure C-10 clearly invites the observations/reservations of the complainant with regard to re-location of her plot, which she failed to raise with the OPs.  

4.                In view of the foregoing observations, the present complaint is dismissed on account of maintainability as the same is pre-mature and bereft of cause of action, at the preliminary stage.

5.                The certified copy of this order be sent to the complainant free of charge, after which the file be consigned.

Announced

01.07.2016                                                          

Sd/-

                   (RAJAN DEWAN)

PRESIDENT

                  

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER