Complaint Case No. 125 of 2014. Case: Pawandeep Singh Bawa and Ors. Vs Emaar MGF Land Limited and Ors.. Union Territory State Consumer Disputes Redressal Commission

Case NumberComplaint Case No. 125 of 2014
CounselFor Appellant: Vishal Bali, Advocate and For Respondents: Sanjeev Sharma, Advocate
JudgesSham Sunder, J. (President), Dev Raj and Padma Pandey, Members
IssueConsumer Protection Act, 1986 - Sections 17, 2(1)(d), 2(1)(d)(ii)
CitationI (2015) CPJ 128 (UT Chd.)
Judgement DateJanuary 02, 2015
CourtUnion Territory State Consumer Disputes Redressal Commission

Order:

Sham Sunder, J. (President)

  1. The facts, in brief, are that the complainants, are the husband and wife. They are residents of Chandigarh. From the very beginning they had a daydream of having a house for their residential purpose and also one space/shop in or around Chandigarh, wherein complainant No. 2 wife of complainant No. 1, who is having a good experience in boutique (handicrafts) could open the same (boutique). It was stated that presently complainant No. 2 has been running the boutique, in a small/partial space in SCO No. 24, Sector 26, Chandigarh, which is owned by her father. Consequently, the complainants searched for a project, in which they could get a house for their residential purpose and also a space/shop for running the boutique (handicrafts) by complainant No. 2 therein, with the help of complainant No. 1, for earning their livelihood by way of self employment, to lead a smooth family life. It was further stated that, in the year 2008 the complainants came to know through various newspapers, marketing emails and telemarketing with regard to launching of mega township by the opposite parties, under the name Mohali Hills, Mohali, in Sectors 105, 108 and 109, consisting of residential plots, town houses, villas, commercial, retail shops, etc. with salient lavish features. It was further stated that, it was assured by the representative of the opposite parties, that possession of the residential plots/villas and space/showroom would be delivered to them within a period of 36 months from the date of signing the Agreement. The opposite parties assured the complainants that all the requisite permissions and approvals had been obtained from the Competent Authorities, and would be shown later on.

  2. It was further stated that, on such assurances made by the opposite parties, the complainants applied to the opposite parties vide application form dated 15.2.2008, for the allotment of a space/shop measuring 1282 square feet, in the Central Plaza, Mohali Hills, Sector 105, S.A.S. Nagar, District Mohali, Punjab and also for one residential unit vide another application. The complainants were allotted one residential unit and one space/shop. Along with the said application form dated 15.2.2008, the complainants also paid an amount of Rs. 8,88,224 i.e. 15% of the sale price of the space/shop towards registration amount vide cheque No. 984943 dated 15.2.2008 drawn on the HDFC Bank.

  3. It was further stated that, subsequent to the acceptance of application dated 15.2.2008, the complainants were allotted unit No. 17, FF, super area 1282 square feet, along with 1 car parking space, vide letter of allotment dated 5.3.2008 Annexure C-4 (colly.). Along with the said letter of allotment, payment plan was also attached, which was time linked. The total price of the space/shop was Rs. 62,34,314, which included Rs. 3 lacs, towards reserved car parking, External Development Charges (EDC) @ Rs. 118.95, per square feet i.e. Rs. 1,52,494, and Interest Bearing Maintenance Security (IBMS) @ Rs. 10 per square feet i.e. Rs. 12,820. It was further stated that, after a few days of the allotment of space/shop, in the Central Plaza Premises Buyer's Agreement dated 24.3.2008 Annexure C-5, was executed between the parties, in respect of the same. It was further stated that, as per the payment plan Annexure C-6, 95% of the total cost of space/shop was to be paid during the course of construction and the remaining 5% was to be paid on intimation of possession of the space/shop.

  4. It was further stated that, as per Clause 22.1 of the Central Plaza Premises Buyer's Agreement dated 24.3.2008 Annexure C-5, the opposite parties were to hand over physical possession of the space/shop, in favour of the complainants, within a period of thirty six (36) months, from the date of execution of the same i.e. from 24.3.2008. After delivery of possession of the space/shop, period of three months (90 days) was to be taken by the opposite parties, for obtaining the Occupation Certificate from the Competent Authorities. It was further stated that, as such, the opposite parties were required to deliver possession of the space/shop to the complainants, on or before 23.3.2011.

  5. It was further stated that the opposite parties kept on demanding payment of installments as per the payment plan. It was further stated that, in the month of May 2010, the complainants visited the site and were surprised to see that though the construction work was being carried out at a snail speed, yet, on the other hand, the opposite parties had been demanding the amount of installments regularly. It was further stated that the opposite parties, however, assured that construction would be completed and possession of the space/shop would be delivered by the stipulated date, mentioned in the Agreement, aforesaid. It was further stated that by January 2011 the amount of Rs. 53,87,508, had been paid by the complainants, out of Rs. 62,34,314 i.e. more than 85% of the sale consideration.

  6. It was further stated that, in the month of March 2011 i.e. the month when possession of the unit, in question, was to be delivered to the complainants, they again visited the site and were surprised to see that the construction had been put to halt. The complainants spoke to the representatives of the opposite parties, to know about the status of delivery of possession of the space/shop to them, but they failed to give any positive reply. It was further stated that, even the payment...

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