Chandigarh

DF-I

CC/156/2021

Murti Devi - Complainant(s)

Versus

M/s Gupta Builder and Promoters Pvt. Ltd. - Opp.Party(s)

Naveen Sheokand

30 Sep 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/156/2021
Date of Institution	:	10/03/2021
Date of Decision	:	30/09/2021

 

1. Murti Devi wife of Narinder Singh R/o Gandhi Colony, Samalkha, Distt. Panipat, Haryana.
2. Suresh Kumari wife of Kuldip Singh R/o House No.1715, Sector-3, Urban Estate, Kurukshetra.
3. Kuldip Singh son of Ran Singh R/o House No.1715, Sector-3, Urban Estate, Kurukshetra.

… Complainants

V E R S U S

1. M/s Gupta Builder and Promoters (P) Limited, Office at SCO No.196-197, Sector-34A, Chandigarh through its Regional Manager.
2. M/s Gupta Builder and Promoters (P) Limited, Centrum-II, Site at Chandigarh-Ambala Highway, NH-22, Zirakpur, Punjab, through its Managing Director.

… Opposite Parties

 

CORAM :	RAJAN DEWAN	PRESIDENT
	SURJEET KAUR	MEMBER

 

                                                

ARGUED BY	:	None for Complainants.
	:	OPs ex-parte.

Per Surjeet kaur, Member

1.      The long and short of the allegations are that the complainants got enticed by the said project and booked a Food Court Unit Bearing No.318 having a tentative area of 580 sq. ft. Apartment in Sahara City Homes project on dated 12.03.2020. The Agreement was executed between the parties in that total price was fixed at Rs.47,32,000/- Complainants paid an amount of Rs.45,00,000/-. The copy of agreement dated 12.03.2020 is attached as Annexure C-1. There was also one buy back agreement is attached as Annexure C-2. The developer is in process of obtaining the RERA Registration Certificate as are to be issued by the competent authority the same shall be obtained within a 9 months from the date of commencement of this present agreement. However, it is understood and agreed that where the developer has failed to obtain the same within the stipulated time of 9 months. The purchaser shall have an option to exercise the buyback option as available with him/her the developer shall refund the amount. The Opposite Parties did not get the RERA registration certificate even till date so the complainants seeking refund in this case. But they are not paying any heed to complainant request. The complainant presented the cheques but all cheques have been dishonoured with return memo of funds insufficient so the complainant do not want to continue with the project and withdraw from the project and seeking refund for the same. The copy of return memo of cheques is attached as Annexure C-3. The complainant also sent a legal notice for refund of entire amount along with interest. But till date they have not given any reply. The copy of legal notice dated 20.02.2021 is attached as Annexure C-4. The Opposite Parties and its agents/officials have misrepresented and misled the complainant by extending false assurances and false promises with regard to the booking of food court in Centrum-II and have caused grave prejudice to the complainants. Hence, this present complaint.
2.     Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte on 15.06.2021.
3.     Complainants led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the complainants and gone through the record of the case. After perusal of record, our findings are as under:-
5.     Evidently as per Annexure C-1 the copy of the agreement to sell the complainant paid an amount of Rs.45,00,000/- by way of cheque on 07.02.2020 and the complainant was allotted the Commercial Space No.318 Type Food Court of 3^rd floor, situated in the complex of the Opposite Party having tentative area of 580 sq. ft. Clause 18 of the agreement is as below:-

“That it is further understood and agreed amongst the parties hereto, that the company is offering Scheme of Assured returns to the purchaser, whereby the developer agree to pay the assured returns to the purchaser till the time of offer of possession or is handed over by the company to the allottee excluding the month of handling over the possession or on the expiry of buy back period whichever is earlier, on the amount so received from the purchaser which come to Rs.46,875/- per month in the name of 1^st applicant i.e. Murti Devi and rest 2 other applicants in the said agreement have no objection on this.”

6.     In the same agreement it has been written that the developer is in the process of obtaining the RERA Registration Certificate to be issued by the competent authority. The same had to be obtained by the Opposite Parties within 9 months from the date of the commencement of the present agreement however, it was understood and agreed that in case of failure of developer to obtain the same within the stipulated time of 9 months, the purchaser had an option as available with him/her that the developer shall refund the amount so received. Not only this, the cheque issued by the Opposite Parties to the tune of Rs.42,188/- as assured return was dishonoured by the Bank due to the insufficient funds in the account of the Opposite Parties. Hence the act of the Opposite Parties for non-honouring their promise for handling over the possession of the unit in question in the promised time period, collection of the money without required sanctions/permissions and non-honouring the terms and conditions of their own agreement is illegal and arbitrary which certainly caused physical and mental harassment to the complainants and proves their indulgence in unfair trade practice.
7.     Significantly, Opposite Parties did not appear to contest the claim of the complainants and preferred to proceed against ex-parte. This act of the Opposite Parties draws an adverse inference against them. The non-appearance of the Opposite Parties shows that they have nothing to say in their defence against the allegations made by the complainants. Therefore, the assertions of the complainants go unrebutted and uncontroverted.
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. Opposite Party No.1 & 2 are directed as under :-

1. to refund the amount of ₹45,00,000/- to the complainants alongwith interest @ 9% per annum from the date of deposits till realization.
2. to pay an amount of ₹1,00,000/- to the complainants as compensation for causing mental agony and harassment to them;
3. to pay ₹35,000/- to the complainants as costs of litigation.

9.     This order be complied with by the Opposite Party No.1 & 2 within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
30/09/2021	[Surjeet Kaur]	[Rajan Dewan]
Ls	Member	President