State Consumer Disputes Redressal Commission
Narender Aggarwal & Anr. vs Uppal-Chadha Hi Tech Developers Pvt. ... on 28 November, 2022
CC/1096/2018 NARENDER AGGARWAL & ANR. VS. UPPAL-CHADHA HI TECH DEVELOPERS PVT. LTD. DOD: 28.11.2022
IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL
COMMISSION
Date of Institution: 16.08.2018
Date of hearing: 19.09.2022
Date of Decision: 28.11.2022
COMPLAINT CASE NO.- 1096/2018
IN THE MATTER OF
MR. NARENDER AGGARWAL AND MS. MAYA DEVI
R/0 4/18, 1ST FLOOR,
JAIDEV PARK, EAST PUNJABI BAGH,
NEW DELHI-110026
(Through: MR. Sandeep Thukral, Advocate)
...Complainants
VERSUS
UPPAL CHADHA HI-TECH DEVELOPERS PVT. LTD.
THROUGH ITS DIRECTORS
REG OFFICE - MEZZANINE FLOOR,
M-4, SOUTH EXTENSION PART-II,
NEW DELHI - 110049
ALSO AT:
UPPAL CHADHA HI-TECH DEVELOPERS PVT. LTD.
THROUGH ITS DIRECTORS
C-1, SECTOR -3 , NOIDA
U.P- 201301
GURJIT SINGH KOCHAR
DIRECTOR - UPPAL CHADHA HI-TECH DEVELOPERS PVT. LTD.
14A/18, W.E.A, KAROL BAGH,
DELHI - 110005
(Through: LEGAL VISTAS, LAW OFFICES)
...Opposite party
DISMISSED PAGE 1 OF 8
CC/1096/2018 NARENDER AGGARWAL & ANR. VS. UPPAL-CHADHA HI TECH DEVELOPERS PVT. LTD. DOD: 28.11.2022
CORAM:
HON'BLE JUSTICE SANGITA DHINGRA SEHGAL
(PRESIDENT)
HON'BLE MS. PINKI, MEMBER (JUDICIAL)
1. Whether reporters of local newspaper be allowed to see the judgment? Yes
2. To be referred to the reporter or not? Yes
Present: None for the parties.
PER: HON'BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT
JUDGMENT
1. The present complaint has been filed by the complainants before this commission alleging deficiency of service and unfair trade practice by the opposite parties and have prayed the following reliefs:
(a) Opposite Parties may kindly be directed to handover the possession of the plot no. 1003 Sec-4 Springwood Enclave, Wave City, NH-24, Ghaziabad (Uttar Pradesh) to the complainant without any further delay.
(b) Opposite Party may kindly be directed to charge the plot cost @ Rs. 7200/- per sq meter including all kinds of charges and to withdraw all other demands.
(c) Opposite Party may kindly be directed to refund the extra amount paid by the Complainant.
(d) TTCL/ Demand letter may kindly be set aside.
(e) Penalty of Rs. 50,000/- may kindly be imposed upon the Opposite Parties for the mental harassment and agony of the complainant.
(f) Cost of Rs. 5,0,000/- may be imposed upon the Opposite Parties for delay in handing over of possession for about 7 years.
(g) Cost of litigation of Rs. 55,000/- may kindly be awarded in favour of the complainant.
(h) Any other relief may also be granted in favour of the complainant and against the opposite parties which this Hon'ble Forum may deem fit and proper.
DISMISSED PAGE 2 OF 8 CC/1096/2018 NARENDER AGGARWAL & ANR. VS. UPPAL-CHADHA HI TECH DEVELOPERS PVT. LTD. DOD: 28.11.2022
2. Brief facts necessary for the adjudication of the present complaint are that in October 2005, the Complainants booked 425 sq. yards plot bearing no. 1003 @ Rs. 7200 per sq. yards with the opposite party no. 1 in the project situated at Springwood Enclave, Wave City, NH 24, Ghaziabad (Uttar Pradesh). The total consideration of the said plot is Rs. 30,60,000/- and the Complainants deposited a sum of Rs. 9,18,000/- in advance to the Opposite Party no.1.
Thereafter, the seize of the plot was changed from 425 sq yard to 404.20 sq. yard and the total price of the said plot was revised to Rs. 29,10,240/-. The complainants over the time had paid a sum of Rs. 29,24,684/- to the Opposite Party no. 1 for the flat in question. However, the Opposite Party no. 1 vide letter dated 11.08.2015 raised an arbitrary demand of Rs. 5,05,046/- from the complainants, which was refused by the complainants. Aggrieved by this, the Complainants sent legal notice dated 05.10.2015 to the Opposite Parties seeking withdrawal of the arbitrary demand and handover the possession of the said plot but was of no avail.
3. The opposite parties have contested the present case and submitted that the present complaint is devoid of any merit as there is no deficiency on their part. The counsel for the Opposite Parties submitted that the cost of Rs. 29,10,240/- for the said plot excludes the cost of electric, sewer and water connection and the same has been stipulated at clause (d) of the Plot Allottee Arrangement dated 14.02.2011. He further submitted that the demand of Rs. 5,05,047/- was as per the agreement executed between the parties. Pressing the aforesaid submission, the counsel for the Opposite Parties prayed for dismissal of the present complaint with exemplary costs.
DISMISSED PAGE 3 OF 8 CC/1096/2018 NARENDER AGGARWAL & ANR. VS. UPPAL-CHADHA HI TECH DEVELOPERS PVT. LTD. DOD: 28.11.2022
4. The Complainants have filed the Rejoinder rebutting the written statement filed by the Opposite Parties. Both the parties have filed their Evidence by way of Affidavit in order to prove their averments on record. Written arguments of both the parties are on record.
5. We have perused the material available on record and heard the counsel for the complainant.
6. The fact that the complainants had booked 404 sq. yards plot bearing no. 1003 @ Rs. 7200 per sq. yards with the opposite party no. 1 in the project situated at Springwood Enclave, Wave City, NH 24, Ghaziabad (Uttar Pradesh) is evident from the Plot Allottee(s) Arrangement dated 14.02.2011. (Annexed at Pg. 9 to 20 of the present complaint). The payment to the extent of Rs. 29,24,684/- made by the Complainants to the Opposite Party no. 1 is also not disputed by the Opposite Parties.
7. The only question for consideration before us is whether the demand of Rs. 5,05,047/- raised by the Opposite Party for External Electrification Charges is arbitrary. To resolve this issue, we deem it appropriate to refer to the relevant provisions of the Plot Allottee(s) Arrangement dated 14.02.2011, which reads as under:
"1. CONSIDERATION FOR SALE OF 'PLOT' AND RIGHTS THERETO 1.1. SALE PRICE
(a) That the ALLOTTEE(S) has applied for the 'PLOT and the DEVELOPER has with the consent of the ALLOTTEE(S) allotted the 'PLOT' No 1003 in Sector 4 admeasuring 338 sq. meters (approx 404.2 sq. yards) @ DISMISSED PAGE 4 OF 8 CC/1096/2018 NARENDER AGGARWAL & ANR. VS. UPPAL-CHADHA HI TECH DEVELOPERS PVT. LTD. DOD: 28.11.2022 approx. Rs 8611.2 per sq. meter (Rs 7200 per sq. yard) ('PLOT') in the layout plan of the "WAVE CITY", situated along NH-24, in and around Villages Sadiqpur/Khazipur, Naiphal, Bayana, Mehruali, Duriya and Shahpur Bamhaita, Tehsil and District Gaziabad, Uttar Pradesh.
b) The agreed price for the 'PLOT' is Rs. 2910240/-
(Rupees Twenty-Nine Lakh Ten Thousand Two Hundred Forty Only) (for short "Consideration") payable by the ALLOTTEE(S) in the mode and manner detailed in ANNEXURE I, annexed herewith. The ALLOTTEE(S) has seen, reviewed and accepted the payment plan provided in ANNEXURE -1.
(c)ALLOTTEE(S) shall strictly follow the payment plan and pay the requisite amount by way of upfront or other payment plan opted by it/him/her/them. ALLOTTEE(S) agrees to pay all interim payments and the full Consideration in favour of DEVELOPER in the manner stated in the allotment letter and ensure issuance of a proper receipt by the DEVELOPER or by its authorized representative. ALLOTTEE(S) for such purpose should be guided by written notices of change of earlier mandate issued by DEVELOPER from time to time. DEVELOPER will record the details of all payments received by it from ALLOTTEE(S) in its records/system as well as in DEVELOPER's copy of this Arrangement. ALLOTTEE(S) is required to keep DEVELOPER'S acknowledgement receipts in safe custody for future references.
DISMISSED PAGE 5 OF 8 CC/1096/2018 NARENDER AGGARWAL & ANR. VS. UPPAL-CHADHA HI TECH DEVELOPERS PVT. LTD. DOD: 28.11.2022
(d) That the cost of electric, sewer and water connection is not included in the aforesaid price of the 'PLOT' and shall be payable by the ALLOTTEE(S) in addition to price of 'PLOT'. Further, the ALLOTTEE(S) shall pay on demand to the DEVELOPER the amount to be determined at the time of providing electric, sewer and water connection and any other connection of a service which the DEVELOPER may provide from the main lane along the road serving the 'PLOT'.
1.6 PERIPHERAL/ INFRASTRUCTURAL DEVELOPMENT CHARGES The ALLOTTEE(S) agrees to pay Peripheral / Infrastructural development charges @ Rs 418.6 /- per sq meter (Rs 350/- per sq Yd), which are not included in the aforementioned sale price (Clause 1.1(b)). Further, ALLOTEE(S) specifically agrees and understands that in case of any increase in Peripheral / Infrastructural development charges or levy of any other charges by the Government or other Statutory Authority(ies) in future, the same shall be paid on pro-rata basis by the ALLOTTEE(S). Allottee(s) herein also agrees to pay the proportionate External Electrification charges including but not limited to lying of cables, security deposits and / or any ancillary cost/charges for making the provision for trasmission of electricity from the main station to sub-station. These charges shall be paid by the Allottee(s) to the Developer on demand. "
DISMISSED PAGE 6 OF 8 CC/1096/2018 NARENDER AGGARWAL & ANR. VS. UPPAL-CHADHA HI TECH DEVELOPERS PVT. LTD. DOD: 28.11.2022
8. A perusal of the above provisions makes it clear that cost of electric, sewer and water connection is not included in the agreed price of Rs. 29,10,240/- for the plot in question. It is also evident that the Complainants agrees to pay the proportionate External Electrification charges including but not limited to lying of cables, security deposits and / or any ancillary cost/charges for making the provision for transmission of electricity from the main station to sub-station and the charges shall be paid by the Allottee(s) to the Developer on demand.
9. Returning to the facts of the present case, it is noted that the demand of Rs. 5,05,047/- made by the Opposite Party no. 1 was for External Electrification Charges and the said charges was also included in the terms and conditions of the Plot Allottee Arrangement dated 14.02.2011. Therefore, we hold that the demand of Rs. 5,05,047/- raised by the Opposite Party no. 1 is as per the agreement executed between the parties.
10. In these circumstances, we hold that the Opposite Parties were not deficient in providing its services to the complainants by its act of raising the demand for External Electrification Charges before handing over possession of the said plot. Consequently, we dismiss the complaint filed by the complainants.
11. However, in the interest of justice, we direct the Opposite Party no.
1 to handover the possession of the said plot to the Complainants after receiving the payment of Rs. 5,05,047/- for External Electrification Charges demanded by it.
12. No order as to costs.
13. Applications pending, if any, stand disposed of in terms of the aforesaid judgment.
DISMISSED PAGE 7 OF 8 CC/1096/2018 NARENDER AGGARWAL & ANR. VS. UPPAL-CHADHA HI TECH DEVELOPERS PVT. LTD. DOD: 28.11.2022
14. A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
15. File be consigned to record room along with a copy of this Judgment.
(JUSTICE SANGITA DHINGRA SEHGAL) PRESIDENT (PINKI) MEMBER (JUDICIAL) Pronounced On:
28.11.2022 DISMISSED PAGE 8 OF 8