Consumer Complaint No. 115 of 2014. Case: Shashi Kanta Sharma Vs Emaar MGF Land Limited and Ors.. Union Territory State Consumer Disputes Redressal Commission

Case NumberConsumer Complaint No. 115 of 2014
CounselFor Appellant: Kohal Dev, Advocate and For Respondents: Sanjeev Sharma, Advocate
JudgesSham Sunder, J. (President) and Padma Pandey, Member
IssueConsumer Protection Act, 1986 - Sections 13 (3B), 13(3A), 13(4); Punjab Apartment And Property Regulation Act 1995 - Section 14
CitationII (2015) CPJ 10 (UT Chd.)
Judgement DateJanuary 06, 2015
CourtUnion Territory State Consumer Disputes Redressal Commission

Order:

Sham Sunder, J. (President)

  1. This application for amendment of the complaint, has been filed by the complainant, on the grounds that, for the first time, the opposite parties along with the written statement, appended reply to the legal notice dated 19.9.2014, copy whereof is Annexure R-9, wherefrom it transpired that they (opposite parties), had fabricated letters and plea that possession of the plot, in question, was offered to her (complainant), earlier in the year 2009 and, later on, in the year 2011. It was stated that the parties are governed by the Punjab Apartments and Property Regulation Act, 1995 (PAPRA, 1995). It was further stated that the opposite parties, being promoters had to obtain the occupation and completion certificates, under Section 14 of the aforesaid Act, but they never obtained the same. It was further stated that it was conceded by the opposite parties, that completion certificate from GMADA had not yet been obtained, until 16.12.2011. It was further stated that the opposite parties failed to obtain regular electricity supply, for want of clearance from the Pollution Control Board. It was further stated that even the opposite parties failed to install sewerage and water treatment plants earlier, which were stated to have been provided, only in the year 2014. It was further stated that the opposite parties had been sending contradictory letters dated 18.4.2014 Annexure C-4 demanding a sum of Rs. 14,26,684.69, and dated 25.8.2014 Annexure C-7, demanding a sum of Rs. 10,91,205. It was further stated that from the perusal of the statement of account dated 20.12.2010 Annexure C-2, it was quite clear that till that time, the total outstanding against the complainant was Zero. It was further stated that the interest on delayed payment of instalments, if any, was waived off, by the opposite parties, and they could not demand Rs. 3,09,916, on account of the same. It was further stated that even the opposite parties failed to pay the penalty/compensation, as per the terms and conditions of the Plot Buyer's Agreement, executed between the parties. It was further stated that the aforesaid pleas could not be taken in the complaint, as some of these were not available to the complainant, at the time of filing the same. It was further stated that amendment of the complaint is every essential for the just decision of the case. It was further stated that, in case, the amendment is allowed, the same would not cause any...

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