TARSEM KUMAR Vs. EMAAR MGF LAND PRIVATE LIMITED
LAWS(UTRCDRC)-2014-3-3
UNION TERRITORY STATE CONSUMER DISPUTE REDRESSAL COMMISSION
Decided on March 03,2014

TARSEM KUMAR Appellant
VERSUS
Emaar Mgf Land Private Limited Respondents


Referred Judgements :-

CHAND RANI VS. KAMAL RANI [REFERRED TO]


JUDGEMENT

- (1.)THE facts, in brief, are that the complainants were looking for a suitable residential accommodation/ plot, at Mohali. Allured by the assurances of the representatives of the Opposite Parties, with regard to allotment of a residential plot, with qualitative basic amenities, such as approach roads, street lights, water supply, electric supply etc. etc., as also waiver of 5% of the total sale consideration of the plot, the complainants, applied to them (Opposite Parties), vide application No.595, for the same (residential plot), and paid a sum of Rs.10,35,000/ -, as booking amount, vide receipt Annexure C -3 dated 23.09.2006. The complainants were allotted plot no.313, measuring 300 square yards, in Sector 109, Mohali Hills, Augusta Park, SAS Nagar, Mohali, Punjab, at Mohali Hills, @Rs.11,500/ - per square yard, plus (+) Preferential Location Charges (PLC) of Rs.4,31,250/ - plus (+) External Development Charges of Rs.1,69,104/ -. The basic sale price of the said residential plot was to the tune of Rs.34,50,000/ -. Thus, the total sale consideration, in the sum of Rs.40,50,354/ -, was required to be paid by the complainants. After the allotment of residential plot, referred to above, Plot Buyer's Agreement dated 20.06.2007, Annexure C -1, was executed between the parties. In all, the complainants deposited a sum of Rs.38,77,854/ -, against the total price of the residential plot, in question, as is evident from computerized copy of the Statement of Account, at page 28 of the file, issued by the Opposite Parties. Receipts dated 23.09.2006, 15.06.2007 (colly.), 15.09.2007 (colly.), 15.12.2007 (colly.), 18.03.2008 (colly.), 17.06.2008 (colly.), 16.09.2008 (colly.) 16.12.2008 (colly.) and 16.03.2009, were issued by the Opposite Parties, to the complainants, towards the said amount.
(2.)IT was stated that, as per Clause 8 of the Plot Buyer's Agreement dated 20.06.2007, Annexure C -1, subject to force majeure conditions, and reasons beyond the control of the Company, the physical possession of fully developed residential plot, was to be handed over to the complainants, within a period of two years, but not later than three years, from the date of execution thereof (Agreement). It was further mentioned, in the said Agreement, that, in case of delay, in handing over possession of the fully developed plot, within three years, from the date of execution of the same, the Opposite Parties were liable to pay compensation/penalty @Rs.50/ - (Rupees Fifty only) per square yard, per month, for such period of delay.
(3.)WHEN the physical possession of plot, in question, complete in all respects, was not delivered to the complainants, by the stipulated date i.e. 20.06.2010, they visited the site, and found that there was no development, in the area, in which the same (plot) was allotted. Even there was no hope of delivery of possession of the plot, in question, in the near future. The complainants made a number of oral, as well as written requests, to the Opposite Parties, to deliver legal physical possession of the plot, in question, complete in all respects, as also to pay compensation, as per Clause 8 of the Agreement, referred to above, but they failed to do so. It was further stated that the huge amount of Rs.38,77,854/ -, deposited by the complainants, towards the price of plot, in question, was utilized by the Opposite Parties, as a result whereof, they were caused financial loss. It was further stated that even the complainants underwent a lot of mental agony and physical harassment, on account of non -delivery of physical possession of the fully developed plot, to them, alongwith payment of compensation, as per Clause 8 of the Agreement, referred to above, for the period of delay.
It was further stated that the aforesaid acts of the Opposite Parties, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. When the grievance of the complainants, was not redressed, left with no alternative, a complaint under Section 17 of the Consumer Protection Act, 1986 (hereinafter to be called as the Act only), was filed, directing the Opposite Parties, to hand over physical possession of the plot bearing no.313, measuring 300 square yards, in Sector 109, Mohali Hills, Augusta Park, SAS Nagar, Mohali, Punjab, at Mohali Hills; pay penalty @Rs.50/ - (Rupees Fifty only), per square yard, per month from 20.06.2007, alongwith interest @12% P.A. till realization, as per Clause 8 of the Plot Buyer's Agreement dated 20.06.2007, Annexure C -1; compensation to the tune of Rs.5 lacs, for mental agony and physical harassment; and cost of litigation, to the tune of Rs.22,000/ -.



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