100472727319

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAITHAL.

                                                     Complaint Case No.113 of 2019.

                                                     Date of institution: 23.04.2019.

                                                     Date of decision:20.02.2020.

1. Suresh Kumar S/o Sh. Ruli Ram, r/o Kothi No.52, Model Town, Jind Road, Kaithal.
2. Virender Kumar S/o Sh. Ruli Ram, r/o House No.512, Sarogiyan Mohalla, Chandana Gate, Kaithal.

                                                                        …Complainant.

                        Versus

1. SUNCITY PROJECTS Pvt. Ltd. through its Authorized Representative, Dhand Road, Sector-33, Kaithal, District Kaithal.
2. SUNCITY PROJECTS Pvt. Ltd. through its Managing Director/Directors, Registered Office at LGF-10 Vasant Square Mall, Plot-A, Sector-B, Pocket-V, Community Centre, Vasant Kunj, New Delhi-110070.

….Respondents.

Before:      Sh. D.N.Arora, President.

                Sh. Rajbir Singh, Member.

                Smt. Suman Rana, Member.

Present:     Sh. Anand Parkash, Advocate, for the complainants.   

                Sh. Deepak Seth, Advocate for the OPs.

ORDER

D.N.ARORA, PRESIDENT

                The complainants have filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that the complainants are the allottee/re-allottee of a residential plot bearing No.A-94, measuring 251.16 Sq. Yards (210 Sq. Mts. Approx.) of Block-A at Suncity Kaithal, Sector-33, Kaithal vide allotment letter dt. 01.07.2010.  It is alleged that the basic price was agreed to be Rs.5800/- per Sq. Yards and an amount of Rs.406/- Sq. yards was also agreed to be paid as Preferential Location Charges, plus I.F.M.S. deposit refundable and I.D.C. & E.D.C. charges, details of the same are as under:-

    The complainants received a letter dt. 05.11.2013 vide which possession of above-said plot was offered and an amount of Rs.5,23,433/- was shown as outstanding amount till date.  The complainants deposited the amount of Rs.5,20,932/- out of the outstanding amount of Rs.5,23,433/- and only an amount of Rs.2501/- remained payable on 10.12.2013.  The complainants received a letter dt. 02.11.2017 from the Ops by which the Ops offered for execution and registration of conveyance deed of plot in question admeasuring 247.13 Sq. yards approximately instead of area of 251.16 Sq. Yards because the complainants had already paid the extra amount of Rs.1,01,971/- for the same.  It is further alleged that the complainants requested the Ops to complete the plot with dimensions of 21M.X10M or to pay the market price of the plot i.e. @ Rs.20,000/- per Sq. yards or to refund the Preferential Location Charges i.e. Rs.1,01,971/- alongwith interest @ 24% p.a. from the date of deposit but the Ops did not listen the genuine request of complainants.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint.  Hence, this complaint.     

2.            Upon notice, the OPs appeared before this Forum and contested the complaint by filing their reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; that as per Clause 15 of the Allotment Agreement, the company shall have the right to effect suitable and necessary allotments in the layout plan of “Suncity Kaithal” as and when considered by the Company, to be executed or necessary or as may be required/directed by the Director, Town & Country Planning, Haryana/competent authority which may involve all changes, alterations/modifications addition, deduction etc. including location of the plot, number of the plot, boundaries, dimensions or area including the preferential location.  If there is any decrease in the area of the plot, rebate/refund/adjusted in the price for the decrease area will be allowed on the booking rate.  Similarly if there is increase in the area of the plot, costs/price shall be additionally payable by the allottee at the agreed rate.  Moreover, if the area in larges then 10% of the size/area, the company shall have the sole discretion to decide the rate for the increased area beyond 10%, which shall be final and binding.  In case the particular plot is omitted or the company is not able to handover the same to the allotee or any reason, the company will only be liable to refund the actual amount received alongwith a simple interest thereon @ 10% per annum without any further liability.  There is no deficiency in service on the part of Ops.  On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.

3.             The complainant tendered into evidence affidavit Ex.CW1/A and documents Annexure-C1 to Annexure-C20 and thereafter, closed the evidence.

4.           On the other hand, the Ops tendered into evidence affidavit Ex.RW1/A and documents Annexure-R1 to Annexure-R3 and thereafter, closed the evidence.

5.             We have heard the learned Counsel for both the parties and perused the record carefully.

6.             Undisputedly, the complainants are the allottee/re-allottee of a residential plot bearing No.A-94, measuring 251.16 Sq. Yards (210 Sq. Mts. Approx.) of Block-A at Suncity Kaithal, Sector-33, Kaithal vide allotment letter dt. 01.07.2010.  According to the complainants, the basic price was agreed to be Rs.5800/- per Sq. Yards and an amount of Rs.406/- Sq. yards was also agreed to be paid as Preferential Location Charges, plus I.F.M.S. deposit refundable and I.D.C. & E.D.C. charges.  The main grievance of the complainants is that they received a letter dt. 02.11.2017 as per Annexure-C3 from the Ops by which the Ops offered for execution and registration of conveyance deed of plot in question admeasuring 247.13 Sq. yards approximately instead of area of 251.16 Sq. Yards because the complainants had already paid the extra amount of Rs.1,01,971/- for the same.

                On the other hand, ld. Counsel for the Ops contended that as per Clause 15 of the Allotment Agreement, the company shall have the right to effect suitable and necessary allotments in the layout plan of “Suncity Kaithal” as and when considered by the Company, to be executed or necessary or as may be required/directed by the Director, Town & Country Planning, Haryana/competent authority which may involve all changes, alterations/modifications addition, deduction etc. including location of the plot, number of the plot, boundaries, dimensions or area including the preferential location.  He further argued that if there is any decrease in the area of the plot, rebate/refund/adjusted in the price for the decrease area will be allowed on the booking rate.

7.             We have considered the rival contentions of both the parties.  It is an admitted fact that initially the plot was allotted to the complainants measuring 251.16 Sq. Yards as per allotment letter dt. 01.07.2010 Annexure-C1 and the Ops have not disputed that the complainants have not paid the full amount of the plot in question but lateron as per letter dt. 02.11.2017 Annexure-C3 vide which the Ops offered for execution and registration of conveyance deed of plot in question, the area was mentioned as 247.13 Sq. Yards.  We have perused the site-plan Anneuxre-R2 from which it is clear that the area of 3.74 meter has been decreased but they have charged the price of the plot admeasuring 251.16 Sq. Yards.  So, it is clear that the Ops have charged the excess amount of area 4.03 Sq.Yards (251.16 Sq.Yards less 247.13 Sq. yards).  It is clear from the letter dt. 05.11.2013 as per Annexure-C2 that the Ops have charged the amount from the complainants as under:-

At the time of allotment of above-said plot, the complainants purchased a perfectly square plot and dimensions as under:-

        According to lay out plan, 21 meterx10 meter (both sides).  This plot was corner one and the complainants paid Rs.1,01,971/- extra charges for Preferential Location Charges.  After the less area of 4.03 Sq.Yd., the plot in question did not remain in a shape of perfectly square plot and now the dimensions of the plot after decreasing of area as per site plan is remained as under:-

“7.01 meterx10 meter and 21 meter x 18.75 meter.”

                So, the plot of complainants is not remained a prima location plot and the Ops have wrongly charged the Preferential Location Charges of Rs.1,01,971/- extra from the complainants.  Similarly, the complainants are entitled for total basis sale price as Rs.5800/- per Sq.Yd. for the decease area of 4.03 Sq. Yd. which comes to the tune of Rs.23,374/- and the Ops also charged External Development Charges (EDC) & Infrastructural Development Charges (IDC) @ Rs.1103.68 per Sq. Yd. from the complainants and the complainants are entitled for the sum of Rs.4447.83 paise for the less area (Rs.1103.68x4.03 Sq.Yd.) and the Ops also charged Interest Free Maintenance Security Deposit (Rs.50/- per Sq. Yd.) and the complainants are also entitled for refund of the amount of Rs.201.50 paise for the less area (Rs.50x4.03 Sq.Yd.).  Hence, the complainants are entitled for refund of total amounting to Rs.1,29,994/- for the less area 4.03 Sq. Yd.  So, in view of facts and circumstances of the case, we find that there is great deficiency in service on the part of Ops and the Ops have adopted the act of unfair trade practice.    

8.             Thus, as a sequel of above discussion, we allow the present complaint and direct the Ops to pay Rs.1,29,994/- to the complainants alongwith interest @ 9% p.a. from the date of filing of present complaint till its realization and further to pay Rs.5,000/- as lump sum compensation on account of harassment, mental agony including the litigation charges.  Let the order be complied with within 30 days from the date of preparation of copy of this order.  A copy of said order be supplied to the parties free of costs.  File be consigned to record-room after due compliance.     

Announced in open court:

Dt.:20.02.2020  

                                                                        (D.N.Arora)

                                                                        President.

(Suman Rana),           (Rajbir Singh)         

Member                             Member.