Chandigarh

DF-I

CC/228/2021

Bhupinder jeet Kaur - Complainant(s)

Versus

Shalimar Estates Pvt. Ltd. - Opp.Party(s)

Atul Goyal

12 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/228/2021
Date of Institution	:	06/04/2021
Date of Decision	:	12/01/2023

 

Bhupinder Jeet Kaur D/o Gurmail Singh, R/o Baba Farid Nagar, Faridkot Road, VPO Sadiq, Faridkot.

Presently residing at: Mani Singhwala, Faridkot-151203.

… Complainant

V E R S U S

1. Shalimar Estates Pvt. Ltd., having its registered address at House No.1084, Sector 8-C, Chandigarh.

Also at: SCO 110-111, Sector 8-C, Chandigarh.

Also at: Shalimar Mega Mall, Sector 5, Panchkula.

2. Kamlesh Aggarwal, Director Shalimar Estates, Pvt. Ltd. resident of House No.1084, Sector 8-C, Chandigarh.
3. Ram Kumar Aggarwal, Director Shalimar Estates, Pvt. Ltd. resident of House No.1084, Sector 8-C, Chandigarh.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

                                                

ARGUED BY	:	Sh.Atul Goyal, Counsel for Complainant.
	:	Sh.Varun Bhardwaj, Counsel for OPs.

Per Surjeet kaur, Member

1.      Briefly stated the allegations are that the complainant had applied for a residential plot of 250 sq. yards via allotment in the Shalimar Estates Naggal Alipur (Panchkula) Phase-I with OPs dated 21.12.2001 (Annexure C-2). The complainant paid an initial amount of Rs.22,275/- dated 22.12.2001 (Annexure C-3). The complainant was allotted the residential plot on 09.01.2002 by the OPs (Annexure C-4). The complainant was issued an allotment letter dated 19.01.2002 vide which residential plot No.460 of 10 Marla was allotted to the complainant. The total cost of the plot was figured out at Rs.2,22,750/- (Annexure C-5). The complainant paid an amount of Rs.33,412.50/- via cash on 19.02.2002 was acknowledge by the OPs (Annexure C-6). The complainant has made the payment of Rs.3,22,181.50/- to the OPs and nothing is payable to the OPs in lieu of the said plot. The OPs failed to get the sale deed registered in favour of the complainant till date which was to be done on 19.01.2008 as per the agreement dated 21.03.2002. The complainant wrote a letter dated 07.03.2008 to the OPs for getting the sale deed registered but the OPs failed to do the same (Annexure 21). The complainant further sought information from the OPs regarding the status of the project vide application dated 29.07.2008, but no information was provided by the OPs (Annexure C-22).

    As per it, the OPs have failed to obtain necessary approvals, permissions and sanctions from the statutory authorities and as such it has failed to complete the project as per the terms of the agreement inspite of receiving the complete amount of Rs.3,22,181.50/- from the complainant way back in year 2008. It has been further learnt, the OPs have stopped the construction and is not developing the residential plots any more for the reasons best known to them. The OPs have the hard earned money of the complainant since a long time and they failed to redress the grievance of the complainant, in as much as the OPs have not refunded the money. The complainant requested the OPs to admit his claim but in vain. Alleging that the aforesaid act amount to deficiency in service and unfair trade practice on the part of OPs, complainant has filed the instant complaint.   

2.     OPs contested the consumer complaint, filed their written reply and stated that the matter remained sub-judice before the Hon’ble Punjab and Haryana High Court and now in the Hon’ble Apex Court and under these circumstances, the OP is not in a position to deliver the possession of the said flat within the stipulated period as it was beyond its control. Now, when the matter is pending before the Higher Competent Courts, hence circumstances are not within the control of OPs/Company.  Pleading that there is no deficiency in service or unfair trade practice on their part, OPs prayed for dismissal of the consumer complaint.
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the parties and gone through the record of the case.
6.     Per documents on record and pleadings of the parties, it is a matter of fact that the Opposite Parties had received an amount of Rs.3,22,181.50/- in installments from the Complainant towards the cost of the plot out of his hard earned money. As per the Terms & Conditions of the Agreement, admittedly the possession was to be handed over to the Complainant within 03 years from the date of allotment, but admittedly the Opposite Parties have not handed over the possession of the said plot to the Complainant till date.
7.     The Complainant in the prayer clause has sought for passing directions to the Opposite Party to handover the vacant physical possession of the Plot and to get the registration done of the said residential plot in his favour. However, per material on record, we cannot grant said relief to the Complainant because at present the matter is pending before the Hon'ble Supreme Court of India and due to which the Opposite Party cannot be directed to handover the possession of the plot and to get the registration of the same done in favour of the Complainant.
8.     We are of the considered opinion that in case there is any violation, the OPs are responsible for that and the complainant cannot be made to suffer/wait for indefinite period on account of any deficient act of the OPs.   Moreover, the Hon’ble Supreme Court of India in Civil Appeal No.3533-3534 of 2017 – Fortune Infrastruture vs. Trevor’D Lima, decided on 12.3.2018 has observed that complainants cannot be made to wait indefinitely for the possession of the flats allotted to them and they are entitled to seek the refund of the amount paid by them, along with compensation.
9.     The OPs themselves have failed to keep their promise to deliver the possession to the complainant and as such the complainant is entitled to the refund of the deposited amount with interest. Therefore, the complaint deserves to be allowed.
10.     Keeping in view the facts & circumstances of the present case and the discussion as made in the preceding paragraphs, the present complaint is allowed against the OPs.  The OPs are jointly & severally directed in as under:-

1. To refund amount of ₹3,22,181.50/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint till realization.
2. to pay an amount of ₹35,000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹15,000/- to the complainant as costs of litigation.

11.     This order be complied with by the OPs 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.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
12/01/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member