State Consumer Disputes Redressal Commission
Dr. R.S.Verma vs M/S Altus Space Builders on 16 March, 2018
Daily Order FIRST ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB SECTOR 37-A, DAKSHIN MARG, CHANDIGARH. 1) Consumer Complaint No.581 of 2017 Date of Institution: 19.07.2017 Order Reserved on: 14.03.2018 Date of Decision : 16.03.2018 Dr. R.S Verma s/o Thakur Purshotam Singh, 304, Sector 15, Panchkula Complainant Versus 1. M/s Altus Space Builders Pvt. Ltd SCO 22, First Floor, Phase- 10, Mohali through Mohinder Singh Chairman/Managing Director. 2. Mohinder Singh, Managing Director M/s Altus Space Building Pvt. Ltd. SCO 22, First Floor, Phase-10, Mohali. 3. Harpreet Singh, Chief Executive Officer M/s Altus Space Builders Pvt. Ltd, SCO 22, First Floor, Phase 10, Mohali. 4. Gunkaran Singh, Director M/s Altus Space Builders Ltd., SCO 22, First Floor, Phase-10, Mohali Opposite parties Complaint U/s 17(1)(a) of the Consumer Protection Act, 1986 (as amended up to date). Quorum:- Shri J. S. Klar, Presiding Judicial Member.
Smt.Surinder Pal Kaur, Member.
Present:-
For the complainant : Sh. Vinay Jhingan, Advocate For the opposite parties 1-3 : Sh.R.S Pandher, Advocate For the opposite party no.4 : Ex-parte. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2) Consumer Complaint No. 582 of 2017 Date of Institution: 19.07.2017 Order Reserved on: 14.03.2018 Date of Decision : 16.03.2018
Surinder Kumar son of Sh. Sant Ram, resident of House No.145, Ward No. 6, Kurali, District SAS Nagar, (Mohali) ..Complainant Versus
1. M/s Altus Space Builders Pvt. Ltd SCO 22, First Floor, Phase- 10, Mohali through it Chairman/M.D.
2. Mohinder Singh, Managing Director M/s Altus Space Building Pvt. Ltd. SCO 22, First Floor, Phase-10, Mohali.
3. Harpreet Singh, Chief Executive Officer M/s Altus Space Builders Pvt. Ltd, SCO 22, First Floor, Phase 10, Mohali.
4. Gunkaran Singh, Director M/s Altus Space Builders Ltd., SCO 22, First Floor, Phase-10, Mohali Opposite parties Complaint U/s 17(1)(a) of the Consumer Protection Act, 1986 (as amended up to date).
Quorum:-
Shri J. S. Klar, Presiding Judicial Member.
Smt.Surinder Pal Kaur, Member.
Present:-
For the complainant : Sh. Vinay Jhingan, Advocate For the opposite parties 1-3 : Sh.R.S Pandher, Advocate For the opposite party no.4 : Ex-parte.
.......................................................................................
AND 3) Consumer Complaint No. 583 of 2017 Date of Institution: 19.07.2017 Order Reserved on: 14.03.2018 Date of Decision : 16.03.2018 Ramesh Singh, resident of House no. 1264, Sector 37-A, Chandigarh ..Complainant Versus 1. M/s Altus Space Builders Pvt. Ltd SCO 22, First Floor, Phase- 10, Mohali through it Chairman/M.D 2. Mohinder Singh, Managing Director M/s Altus Space Building Pvt. Ltd. SCO 22, First Floor, Phase-10, Mohali. 3. Harpreet Singh, Chief Executive Officer M/s Altus Space Builders Pvt. Ltd, SCO 22, First Floor, Phase 10, Mohali. 4. Gunkaran Singh, Director M/s Altus Space Builders Ltd., SCO 22, First Floor, Phase-10, Mohali Opposite parties
Complaint U/s 17(1)(a) of the Consumer Protection Act, 1986 (as amended up to date).
Quorum:-
Shri J. S. Klar, Presiding Judicial Member.
Smt.Surinder Pal Kaur, Member.
Present:-
For the complainant : Sh. Vinay Jhingan, Advocate For the opposite parties 1-3 : Sh.R.S Pandher, Advocate For the opposite party no.4 : Ex-parte.
.......................................................................................
J. S. KLAR, PRESIDING JUDICIAL MEMBER:-
Since common controversy of facts and law is involved in all the above-referred complaints, hence they are being disposed of by means of this common order, which shall be pronounced in main Consumer Complaint No. 581 of 2017 titled as "Dr. R.S Verma versus M/s Altus Space Builders Pvt. Ltd and others"
Facts Complaint No. 581 of 2017
2. The complainant/Dr. R.S Verma has filed this complaint U/s 17(1)(a) of the Consumer Protection Act 1986 (in short the "Act) against OPs on the averments that on the assurance of OPs regarding approval of housing and layout plan of the projects in villages Salamatpur, Rasulpur, Dhode Majra and Sani Majra in Mullanpur by GMADA, the complainant applied for residential plot measuring 250 sq. yards at Village Rasulpur, Mullanpur and SAS Nagar Mohali. OPs assured him that development activity of the project was in full swing and complete possession of the plot would be delivered to him within 12 months from the date of booking. It was further assured by OPs that buyers agreement would be executed between the parties within a few days from the date of booking. OPs assured that they would tie-up with Nationalized Bank to facilitate the loan for remaining payment of the plot, which will be got sanctioned only after the disbursement of the loan amount, as per the schedule given in the proposal form. The complainant applied for residential plot measuring 250 sq. yards with a hope that allotment would be made within 12 months by end of 2013 in the housing project floated at village Rasulpur, Mullanpur by paying a sum of Rs. 1 lac, vide cheque no. 072553 dated 18.09.2012 drawn on State Bank of India Sector 37-C Chandigarh in favour of OPs, which was duly encashed by OPs on 04.10.2012. OPs asked him to deposit 25% of the basic sale price inclusive Rs.1 lac of booking amount of the plot and thereafter OP would tie-up with the Nationalized bank. The complainant deposited amount of Rs.7,44,000/-, vide cheque no. 072555 dated 10.10.2012 drawn on State Bank of India Sector 37, Chandigarh with OPs. At the time of depositing the cheque, the complainant requested OPs to give written demand of the aforesaid amount, but OPs issued unsigned demand letter dated 11.10.2012. OPs instead of giving the status of the tie up with the bank issued only a consolidated receipt dated 11.10.2012 for Rs.8,44,000/- to complainant with efforts by the complainant. OPs failed to execute plot buyers agreement and to issue allotment letter of the plot at village Rasulpur and to tie-up with the nationalized bank despite receipt of amount of Rs.8,44,000/- from complainant. OPs sent communication, vide letters dated 09.01.2013 and 15.01.2014 regarding procurement of change of land use of nearly 400and 410 acres respectively for "Muir wood Eco-city project" and anticipated development projects by Punjab Government. OPs vide their letter dated 15.02.2014 intimated the complainant that Punjab Government has raised fee for infrastructure and as such asked the complainant to pay Rs.700/- per sq. yard, as external development charges and complainant paid Rs.1,75,000/- by virtue of draft bearing no. 559765 dated 26.02.2014 to OPs. The complainant asked OPs to make information about the status of the plot at village Rasulpur and eventually he visited the spot in August 2015 at Rasullpur and found that no relevant activity of residential plots had started thereat by then. The complainant came to know that OPs are not even owners of the land at Villager Rasulpur against which, they received the amounts from the prospective allotees by means of booking of plots. The complainant received letter dated 24.08.2015 from OPs inviting him to the draw of lots ceremony for the allotment of the plot numbers in "Muir Wood Eco-city" Project, wherein the complainant never opted to take any plot. OPs started compelling the complainant for obtaining his consent for some other project namely "Muir Wood Eco-city" and also to sign a unilateral and unfairly loaded contract agreement with increased price with new payment schedule and extension of time period for handing over the possession of plot by 36 months from the date of agreement. The complainant also served a legal notice dated 21.09.2015 upon OPs, but to no effect. The OPs have neither handed over the physical possession of the residential plot at Village Rasulpur nor have refunded the deposited amount with interest to complainant. Therefore, the complainant filed complaint and prayed for following reliefs:-
i) to refund the amount of Rs.10,19,000/- along with interest @ 24% per annum on the total amount from the date of payment of the amount to OPs till the date of its realization.
ii) to pay Rs.5,00,000/- as compensation for mental harassment. iii) to pay Rs.51,000/- as costs of litigation.
3. Upon notice, OPs no.1 to 3 appeared and filed written reply and contested the complaint of the complainant vehemently, raising preliminary objections that complaint is bad for mis joinder of parties as OP no.4 is neither Director nor an employee of OP/Company. It was pleaded that complainant was induced to purchase plot in Housing Project being developed in village Rasulpur and possession of the plot was agreed to be delivered within 12 months from the date of booking. The complainant submitted proposal form for provisional registration dated 18.09.2012 submitted to OPs and duly signed by complainant. The complainant moved application for upcoming township project by Altus Space Builders Pvt. Ltd in village Bhagat Majra and Palheri in Mullanpur Planning Area, where the project is situated and has been mentioned in the proposal form. The complainant paid amount of Rs. 2,75,000/- on 05.03.2014 and he was asked to clear his installments, as per schedule given in the proposal form. He was allotted plot no. 266 after draw of lots for plots held on 30.08.2015. The plot of the complainants fell in Phase II of the project of OPs regarding which CLU was approved on 10.09.2012 for 127.58 acres of land. Prior to that CLU for 229.77 acres of land was granted on 17.11.2011 to the company for first phase of its project. The layout plan was submitted on 07.02.2015 and was cleared by Chief Town Planner Punjab on 31.03.2015. On merits, OPs admitted the fact of booking of plot measuring 250 sq. yards @ Rs.13,500/- per sq. yard at total sale price of Rs.33,75,000/- by the complainant. This fact was denied that OPs intimated the complainant that draw was being developed at village Rasulpur Mullanpur and story of complainant to this effect is concocted. The complainant submitted application for upcoming township project by 'Altus Space Builders Pvt. Ltd' in Village Bhagat Majra and Palheri in Mullanpur Planning Area. The complainant made payment of Rs. 7,44,000/- to OPs, which is the matter of record. The complainant was to pay installment of 25% of basic sale price within thirty days of booking, as per schedule given in the proposal form. The complainant was called for first time, vide letter dated 15.02.2014 to pay first installment of Rs. 700 per sq. yard towards external development charges to be paid to Government. After draw of lots on 30.08.2015, plot no. 266 was allotted to complainant and he asked to clear all dues. It is clearly mentioned in plot buyers agreement dated 24.08.2015 that project of the OPs was situated in Village Salamatpur, Dhodemajra, Rasulpur, Sainimajra, Ghandauli, Bhagat Majra and Palheri in Mullanpur District SAS Nagar. In the plot buyers agreement, there was no ambiguity regarding the time frame of handing over the possession i.e. within 30 months or with an extended period of 6 months from the date of signing of the buyers agreement, as mentioned in Article 5 Clause 5.1(a) and developer/OP will be liable to pay @ Rs.5/- per sq. yard per month for delay in offering the possession of the plot to allottees. OPs controverted the other averments and prayed for dismissal of the complaint.
4. OP no. 4 was set exparte by this Commission, vide order dated 18.09.2017 in this case.
5. The complainant tendered in evidence his affidavit Ex.C-A along with copies of documents Ex.C-1 to Ex.C-13 and closed the evidence. As against it:, OPs tendered in evidence affidavit of Sh. Narinder Singh Sidhu General Manager/Authorized Signatory of OPs Ex.OP-A along with copies of documents Ex.OP-1 to Ex.OP-5-A and closed the evidence.
Facts of Complaint No. 582 of 2017
6. Brief facts of complaint no. 582 of 2017 are that on the assurance of OPs regarding approval of housing and layout plan of the projects in villages Salamatpur, Rasulpur, Dhode Majra and Sani Majra in Mullanpur by GMADA, the complainant applied for residential plot measuring 250 sq. yards at Village Rasulpur, Mullanpur and SAS Nagar Mohali with OPs. OPs assured him that development activity of the project was in full swing and complete possession of the plot would be delivered to him within 12 months from the date of booking. It was further assured by OPs that buyers agreement would be executed between the parties within a few days from the date of booking. OPs assured that they would have tie-up with Nationalized Bank to facilitate the loan for remaining payment of the plot, which will be got sanctioned only after the disbursement of the loan amount, as per the schedule given in the proposal form. The complainant applied for residential plot measuring 250 sq. yards with a hope that allotment would be made within 12 months by end of 2013 in the housing project floated at village Rasulpur, Mullanpur by paying a sum of Rs. 1 lac, vide cheque no. 067437 dated 18.09.2012 drawn on Punjab National Bank Mani Majra Chandigarh in favour of OPs, which was duly encashed by OPs in 04.10.2012. OPs again approached complainant, vide letter dated 08.10.2012 to deposit installment of Rs.7,43,750/-. The complainant deposited cheque no. 067446 amounting to Rs.3,00,000/- drawn on Central Bank of India and Cheque no. 126911 amounting to Rs.7,43,750/- drawn on Punjab National Bank Sector 26 Chandigarh respectively. At the time of depositing the cheque, the complainant requested OPs to send the receipt of payments received by OPs and status of tie-up with the bank for obtaining the bank loan to enable him to make the remaining payment of residential plot, as per schedule, but OPs failed to do so. OPs instead of giving the status of the tie up with the bank issued only a consolidated receipt dated 25.10.2012 for Rs.8,43,750/- to complainant with efforts by the complainant. OPs failed to execute plot buyers agreement to issue allotment letter of the plot at village Rasulpur and to enter into tie-up with the nationalized bank despite receipt of amount from complainant. OPs sent communication, vide letter dated 09.01.2013 regarding procurement of change of land use of nearly 400 acres for "Muir wood Eco-city project" and anticipated development projects by Punjab Government. OPs, vide their letter dated 15.02.2014 intimated the complainant that Punjab Government has raised fee for infrastructure and as such asked the complainant to pay Rs.700/- per sq. yard as external development charges and complainant paid Rs.1,75,000/- by virtue of draft bearing no. 126914 dated 17.03.2014 drawn on Punjab National Bank Sector 26, Chandigarh. The complainant asked OPs to make information about status of the plot at village Rasulpur and eventually he visited the spot in August 2015 at Rasullpur and found that no relevant activity of residential plots had started thereat. The complainant came to know that OPs are not owners of the land at Villager Rasulpur against which, they received the amount from the prospective allotees by means of booking of plots. The complainant received letter dated 24.08.2015 from OPs inviting him to draw of lots ceremony for the allotment of the plot numbers in "Muir Wood Eco-city" Project, wherein the complainant never opted to take any plot. In the first week of September 2015, complainant visited the office of OPs. OPs started compelling the complainant for obtaining his consent for some other project namely "Muir Wood Eco-city" and also to sign unilateral and unfairly loaded contract agreement with increased price with new payment schedule and extension of time period for handing over the possession of plot by 36 months from the date of agreement. The complainant also served a legal notice dated 21.09.2015, but to no effect. The OPs have neither handed over the physical possession of the residential plot at Village Rasulpur nor have refunded the deposited amount. Therefore, he filed complaint and prayed for following directions against OPs:-
i) to refund the amount of Rs.10,18,750/- along with interest @ 24% per annum on the total amount from the date of payment of the amount to OPs till the date of its realization.
ii) to pay rent of of Rs.15,000/- per month w.e.f. 1st January 2015 till the date of its realization, which has been paid by complainant.
iii) to pay Rs.5,00,000/- as compensation for mental harassment. iii) to pay Rs.51,000/- as costs of litigation.
7. Upon notice, OPs no.1 to 3 appeared and filed written reply on the similar averments and defences, as raised in complaint no.581 of 2017 by OPs, but the dates and amounts are different and prayed for dismissal of the complaint.
8. OP no. 4 was set exparte by this Commission, vide order dated 18.09.2017 in this case.
9. The complainant tendered in evidence his affidavit Ex.C-A along with copies of documents Ex.C-2 to Ex.C-12 and closed the evidence. As against it:, OPs tendered in evidence affidavit of Sh. Narinder Singh Sidhu General Manager/Authorized Signatory of OPs Ex.OP-A along with copies of documents Ex.OP-1 to Ex.OP-4 and closed the evidence.
Facts of Complaint No. 583 of 2017
10. Brief facts of complaint No. 583 of 2017 are that on the assurance of OPs regarding approval of housing and layout plan of the projects in villages Salamatpur, Rasulpur, Dhode Majra and Sani Majra in Mullanpur by GMADA, the complainant applied for residential plot measuring 250 sq. yards at Village Rasulpur, Mullanpur and SAS Nagar Mohali. OPs assured him that development activity of the project was in full swing and complete possession of the plot would be deliverd within 12 months from the date of booking. It was further assured by OPs that buyers agreement would be executed between the parties within a few days from the date of booking. OPs assured that they would have tie-up Nationalized Bank to facilitate the loan for remaining payment of the plot, which will be got sanctioned only after the disbursement of the loan amount, as per the schedule given in the proposal form. The complainant applied for residential plot measuring 250 sq. yards with a hope that allotment would be made within 12 months by end of 2013 in the housing project floated at village Rasulpur, Mullanpur by paying a sum of Rs. 1 lac, vide cheque no. 306246 dated 18.09.2012 drawn on Punjab National Bank Mani Majra Chandigarh in favour of OPs, which was duly encashed by OPs in 04.10.2012. OPs again approached complainant, vide letter dated 11.10.2012 to deposit installment of Rs.7,43,750/-. The complainant deposited cheque no. 45839 dated 17.10.2012 drawn on HDFC Bank Sector 37-Ö Chandigarh for Rs.7,43,750/-. At the time of depositing the cheque, the complainant requested OPs to send the receipt of payments received by OPs and status of tie-up with the bank for obtaining the bank loan to enable him to make the remaining payment of residential plot, as per schedule, but OPs failed to do so. OPs instead of giving the status of the tie up with the bank issued only a consolidated receipt dated 25.10.2012 for Rs.8,43,750/- to complainant despite efforts by the complainant. OPs failed to execute plot buyers agreement to issue allotment letter of the plot at village Rasulpur and to tie-up with the nationalized bank despite receipt of amount from complainant. OPs sent communication, vide letter dated 09.01.2013 regarding procurement of change of land use of nearly 400 and 410 acres respectively for "Muir wood Eco-city project" and anticipated development projects by Punjab Government in the surrounding areas of the proposed residential site without mentioning the name of any Housing Project at Village 'Rasulpur'. OPs vide their letter dated 15.02.2014 intimated the complainant that Punjab Government has raised fee for infrastructure and as such asked the complainant to pay Rs.700/- per sq. yard as external development charges and complainant paid Rs.1,75,000/- by virtue of draft bearing no. 005289 dated 17.03.2014 drawn on Central Bank of India Mani Majra Chandigarh. The complainant visited the office of OPs at Mohali to know about the status of handing over the possession of plot at Village 'Rasulpur', but of no use. The complainant asked OPs to make information about status of the plot at village Rasulpur and eventually he visited the spot in August 2015 at Rasulpur and found that no relevant activity of residential plots had started thereat by then. The complainant came to know that OPs are not owners of the land at Villager Rasulpur against which, they received the amount from the prospective allotees by means of booking of plots. The complainant received letter dated 24.08.2015 from OPs inviting him to draw of lots ceremony for the allotment of the plot numbers in "Muir Wood Eco-city" Project, wherein the complainant never opted to took any plot. In the first week of September 2015, complainant visited the office of OPs. OPs started compelling the complainant for obtaining his consent for some other project namely "Muir Wood Eco-city" and also sign an unilateral and unfairly loaded contract agreement with increased price with new payment schedule and extension of time period for handing over the possession of plot by 36 months from the date of agreement. The complainant also served a legal notice dated 18.09.2015, but to no effect. The OPs have neither handed over the physical possession of the residential plot at Village Rasulpur nor have refunded the deposited amount. Therefore, he filed complaint and prayed for below noted directions to OPs:-
i) to refund the amount of Rs.10,18,750/- along with interest @ 24% per annum on the total amount from the date of payment of the amount to OPs till the date of its realization.
ii) to pay rent of of Rs.13,000/- per month w.e.f. 1st January 2015 till the date of its realization, which has been paid by complainant.
iii) to pay Rs.5,00,000/- as compensation for mental harassment. iii) to pay Rs.51,000/- as costs of litigation.
11. Upon notice, OPs no.1 to 3 appeared and filed written reply on the similar averments and defences, as raised in complaint no.581 of 2017, but the dates and amounts are different and prayed for dismissal of the complaint.
12. OP no. 4 was set exparte by this Commission, vide order dated 18.09.2017 in this case.
13. The complainant tendered in evidence his affidavit Ex.C-A along with copies of documents Ex.C-1 to Ex.C-11 and closed the evidence. As against it:, OPs tendered in evidence affidavit of Sh. Narinder Singh Sidhu General Manager/Authorized Signatory of OPs Ex.OP-A along with copies of documents Ex.OP-1 to Ex.OP-4 and closed the evidence.
14. We have heard learned counsel for the parties and have also examined the record of all the complaints, since all complaints are based upon common facts and law, hence the discussions and findings shall be recorded by this Commission in main Complaint no. 581 of 2017. The pleadings and evidence on record have been carefully evaluated by us with the able assistance of counsel for the parties. The evidence on record has also been considered by us. Dr. R.S Verma complainant in complaint no. 581 of 2017 tendered in evidence his affidavit Ex.C-A and deposed on oath that OPs represented to him that they were holding necessary approvals and permissions granted by the competent authority for development of the project. He further maintained that the complainants booked plots, which were lying unsold at village 'Rasulpur'. OPs assured the complainant that development activity on the project was going on and almost complete possession thereof would be delivered within 12 months from the date of booking. OPs further held out to execute buyers agreement between the parties within a few days from the date of booking. He produced layout plan, which is yet to be submitted to GMADA by OPs, vide Ex.C-1 on the record, which is on website of the GMADA. It has appeared in his testimony that OPs assured that they had tie up with nationalized bank to facilitate the loan for the remaining payment of the plot. But OPs took no steps for tie up with nationalized bank for securing loan for this plot to the complainant. Proposal form is Ex.C-2. He booked plot of 250 sq. yard in the housing project floated at Village 'Rasulpur' (Mullanlpur) by paying a sum of Rs. 1 lac , vide cheque no. 072553 dated 18.09.2012 drawn on State Bank of India Sector 37-C Chandigarh, which was enchased by OPs on 04.10.2012. Proposal form Ex.C-2 was got signed by complainant from OPs. OPs approached him to deposit further 25% of the basic sale price including of Rs. 1 lac of the booking amount and thereafter they would tie up with the nationalized bank for availing loan facility. He paid amount of Rs. 7,44,000/- to OPs, vide cheque no. 072555 dated 10.10.2012. OPs issued unsigned demand letter, vide Ex.C-3 dated 11.10.2012 for deposit of first installment of Rs.7,43,500/- threatening the risk of cancellation of proposal for provisional registration. He sent reply to letter dated 11.10.2012 Ex.C-3 to OPs, vide letter dated 26.10.2012, vide Ex.C-4. OPs gave no status of tie up with the nationalized bank and issued consolidated receipt for Rs.8,44,000/-, vide Ex.C-5 dated 11.10.2012 to complainant. OPs vide letters dated 09.01.2013 and 15.01.2014 are Ex.C-6 and Ex.C-7 respectively intimated the procurement of change of land use of nearly 400 and 410 acres for "Muir wood Eco-city". OPs further asked to pay external development charges, which has been increased by Punjab Government, not by OPs, @ 700/- per sq. yard and resultantly he paid Rs.1,75,000/- to OPs, vide Ex.C-9. When he visited the village 'Rasulpu', he found no development work thereat and land was under cultivation. He further came to know that OPs have owned no land at Village Rasulpur and have already obtained permission of CLU and approval from the empowered committee only despite being not its owner. This witness has further stated that he was shocked to receive a letter dated 24.08.2015, vide Ex.C-10 inviting him to draw of lots ceremony for the allotment of plot numbers in "Muir Wood Eco-city", which he never booked nor opted for any plot thereat. He served a legal notice Ex.C-11 dated 21.09.2015 upon OPs in this regard, but to no effect. Earlier, he filed complaint before District Forum SAS Nagar Mohali and thereafter filed instant complaint by means of liberty granted to him by the District Forum to file it on the same cause of action before this Commission, vide order Ex.C-12 and Ex.C-13 on the record. We have carefully examined the above referred evidence on the record to the effect that OPs represented to complainant that they have developed the project at Village 'Rasulpur' and received the amount from complainant, but actually there was no development at village 'Rasulpur' and they have even not owned the land thereat. It has also transpired in the above evidence that OPs have not executed the buyers agreement in his favour.
15. In rebuttal of this evidence, OPs tendered in evidence affidavit of Narinder Singh Sidhu General Manager/Authorized Signatory of OPs Ex.OP-A on the record. He stated that complainant was never asked by OPs to deliver the possession within 12 months from the date of booking. There was no name of company or area, where the project is situated in the proposal form. The complainant raised this issue when he was asked to clear the installments, as per schedule given in the proposal form (Ex.R-2) that too after the allotment of plot no. 266 to the complainant after draw of lots for plots held on 30.08.2015, vide Ex.R-3. This witness has further deposed that the project of OPs is a residential housing project, duly approved by the government and plot of the complainants falls in Phase -II of the project of OPs regarding which CLU was approved on 10.09.2012 for 127.58 acres of land, vide Ex.R-2. Prior to that CLU for 229.77 acres of land was granted on dated 17.11.2011 for first phase of its project. Layout plan was submitted on 07.02.2015 and was cleared by Chief Town Planner Punjab on 31.03.2015. It was further averred that total price of the plot was Rs.33,75,000/-, which is matter of record. There was no such promise of execution of plot buyers agreement within few days from the date of booking, as per terms and conditions of the proposal form Ex.R-1 dated 18.09.2012. It was denied by this witness that there was no development work at the spot, where plot was booked by complainant. It was denied that loan would be sanctioned within a month from the date of booking and tie up for loan would be with a nationalized bank, whereas OPs has tie up with ICIC Bank and DHFL only. The complainant had to pay 25% of basic sale price within 30 days of booking, as per schedule given in the proposal form. The complainant was called for first time, vide letter dated 15.02.2014 to pay first installment of Rs.700/- per sq. yard towards external development charges to be paid to government, which was mandatory requirement of deposit of EDC. Proposal form for provisional registration is Ex.OP-1 dated 18.09.2012 with detail of payment schedule. Permission for change of land use is Ex.OP-2 dated 10.09.2012. Provisional plot allotment letter of plot no. 266 dated 30.08.2015 is Ex.OP-3. Plot buyers agreement is Ex.OP-4 with regard to "Muir Wood Eco-city" on the record.
16. From critical analysis of entire evidence on the record in the above referred complaints and hearing arguments of counsel for the parties extensively, we have come to this conclusion that OPs are proved to be deficient in service. The complainants in the above complaints categorically stated by means of affidavits of the complainants that they applied for booking of plot in the project of OPs at Village 'Rasulpur' only. On the other hand, there is totally denial about this project at village 'Rasulpur' by OPs. However, from the written statement filed by OPs, one thing has emerged pellucid from paragraph no. 15 of the reply on merits, where OPs admitted this that it is clearly mentioned in buyers agreement dated 24.08.2015 that project of the OPs is situated in village Salamatpur, Dhodemajra, Rasulpur, Sainimajra, Ghandauli, Bhagat Majra and Palheri in Mullanpur. In Para no.15 of the written reply on merits, OPs admitted this fact that they have also project at 'Rasulpur'. Similarly, it has been so stated in para no. 15 of the reply on merits. Consequently, the case of the OPs is false to the effect that they have not committed to develop the project at 'Rasulpur' nor complainant applied therefor. OPs try to take advantage of this fact from the proposal form Ex.C-1. We find that this is fault of the OPs, just to deceive the credulous people to get proposal form without mentioning the exact location of the area. This is unfair trade practice on the part of OPs not to give the correct particulars of the area, so as to throw light over this matter to the applicants. The proposal form contained payment schedule but does not record, where the project is to be developed by OPs. The complainant has paid Rs.8,44,000/- to OPs, as per consolidated receipt Ex.C-5 dated 11.10.2012 issued by OPs in this regard. Total price of the plot is Rs.33,75,000/-. The complainant has paid 25% of the basic sale price out of the total sale price. No buyers agreement was executed by OPs in this regard in favour of the complainant. OPs have violated Section 6 of Punjab Apartment & Property Regulation Act 1995 in this case. It is mandatory for the developer/promoter to enter into written agreement for sale with each of such persons,who are to take or have even taken such apartments or plots, as the case may be after receipt of 25% of the sale price. Herein, 25% of the basic sale price has been received by OPs, but OPs have not entered into any agreement with the complainant and thereby violated the mandate of Section 6 of PAPRA Act 1995. OPs have also not kept money received from the complainant in the Nationalized Bank in separate account and violated Section 9 of the PAPRA Act. It is the case of the complainant that he booked plot at village 'Rasulpur' with OPs and OPs have not developed the project at Village 'Rasulpur' and rather owned no land thereat as well. OPs allotted plot no. 266 to complainant in "Muir wood Eco-city project" by means of draw of lots unilaterally. The complainant gave no consent thereto. The OPs mainly relied upon plot buyer's agreement Ex.OP-4 on the record for this purpose. Ex.OP-4 plot buyer's agreement is not even signed by the complainant and complainant is not consenting party to it and as such, it is inconsequential in this case. OPs have allotted plot no. 266 to complainant at "Muir wood Eco-city project", for which complainant never applied to and, as such, this agreement Ex.OP-4, which is unsigned by complainant, is without, any consequence and has no legal significance. Even Ex.OP-2 is Change of Land Use is not of village 'Rasulpur' project. The complainant has not applied for "Muir wood Eco-city project" to OPs. The OPs allotted plot in the above project meaning thereby the OPs imposed the plot on the complainant arbitrarily without his wish, which is not justifiable. Section 11 of PAPRA Act 1995 permits no alterations in the plans and specifications of the building after approval. The OPs have not placed on record any layout plan nor executed any buyer's agreement in favour of the complainant in "Muir wood Eco-city project" and received money from the complainant. This is utter violation of Section 3 of PAPRA Act 1995 by OPs in this case. This is deficiency in service on the part of OPs by not complying with Section 3 of PAPRA Act. OPs have not given inspection of seven day's notice or demand of layout of the colony and plan of development works to be executed in a colony, as approved by the prescribed authority in the case of a colony. OPs were bound to disclose the nature of his land on which project was to be developed or such building was to be constructed. No date for delivery of possession has been given anywhere by OPs to the complainant, which is also violative of Section 3(2)(g) of PAPRA Act 1995. OPs are, thus, held to be deficiency in service and indulgent in unfair trade practice as well and complainants are entitled to seek refund of the amount..
Complaint no. 581 of 2017
17. As a result of our above discussion, the complaint no. 581 of 2017 is accepted and OPs are directed to refund the entire deposited amounts of complainant with interest @ 12% per annum from the date of their respective deposits till actual payment. The complainant is also held entitled to Rs.50,000/- as compensation for mental harassment and Rs.25,000/- as costs of litigation. The compliance of the order be made within 45 days from receipt of certified copy of order.
Complaint no. 582 of 2017
18. As a result of our above discussion, the complaint no. 582 of 2017 is accepted and OPs are directed to refund the entire deposited amount of complainant with interest @ 12% per annum from the date of their respective deposits till actual payment. The complainant is also held entitled to Rs.50,000/- as compensation for mental harassment and Rs.25,000/- as costs of litigation. The compliance of the order be made within 45 days from receipt of certified copy of order.
Consumer Complaint no. 583 of 2017
19. As a result of our above discussion, the complaint no. 583 of 2017 is accepted and OPs are directed to refund the entire deposited amounts of complainant with interest @ 12% per annum from the date of their respective deposits till actual payment. The complainant is also held entitled toRs.50,000/- as compensation for mental harassment and Rs.25,000/- as costs of litigation. The compliance of the order be made within 45 days from receipt of certified copy of order.
20. Arguments in above-referred complaints were heard on 14.03.2018 and the order was reserved. Certified copies of the order be communicated to the parties as per rules.
21. The above complaints could not be decided within the statutory period due to heavy pendency of court cases.
(J. S. KLAR) PRESIDING JUDICIAL MEMBER (SURINDER PAL KAUR) MEMBER March 16, 2018 (ravi)