State Consumer Disputes Redressal Commission
1.Sanjay Kumar Singh S/O Sh. Rajendra ... vs 1.M/S Matrix Build Well Pvt. Ltd. S.S. ... on 8 January, 2014
STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA First Appeal No.755 of 2013 Date of Institution: 23.10.2013 Date of Decision: 08.01.2014 1. Sanjay Kumar Singh s/o Sh. Rajendra Singh 2. Priayanka w/o Sh. Sanjay Kumar Singh Both R/o Flat No.C-1301, Tower C, Block 3, Delight and Splendors, Freedom Park Life, Sector-57, Gurgaon. Appellants (Complainants) Versus 1. M/s Matrix Build Well Pvt. Ltd. S.S. Group, 4th Floor, MGF The Plaza MG Road, Gurgaon-122002 through its Chairman/Managing Director. 2. M/s Countrywide Promotions Pvt Ltd. Regd. Office at M-11, Middle Circle, Connaught Circus, New Delhi-110001 through its Chairman/Managing Director. 3. M/s B.P.T.P. Ltd. Regd. Office at M-11, Middle Circle, Connaught Circus, New Delhi-110001 through its Chairman/Managing Director. Respondents (Opposite Parties) CORAM: Honble Mr. Justice Nawab Singh, President. Mr. B.M. Bedi, Judicial Member. Mrs. Urvashi Agnihotri, Member. For the Parties: Shri Sameer Sachdev, Advocate for appellants. Shri Sanjay Vij, Advocate for respondent No.1. Shri Hemant Saini, Advocate for respondents No.2&3. O R D E R
Justice Nawab Singh, President (Oral):
This complainants appeal is directed against the order dated 18th September, 2013 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short District Forum), whereby complaint under Section 12 of the Consumer Protection Act, 1986 (for short the Act) was partly allowed.
2. Sanjay Kumar Singh and Smt. Priayanka (hereinafter referred to as appellants) are the owners and in possession of Flat No.C-1301, Floor 13th, Tower C, Block 3, Freedom Park Life, Sector-57, Gurgaon. The flats were constructed by M/s Matrix Build Well Pvt. Ltd. (for short Matrix Build Well). The name of the project was Freedom Park Life. FLAT BUYERS AGREEMENT (Annexure C-1) was entered into between Matrix Build Well and the appellants. As per Clause 1.1 regarding the Consideration and other conditions, the total consideration of the flat was Rs.60,64,763/- inclusive of current External Development Charges (for short EDC) as levied by the Haryana Government at the rate of Rs.261/- per square feet of the super area of the said premises. Besides, the owners of the flat were to pay Rs.50,000/- as Club Membership Charges (for short CMC) in lump-sum and Interest Free Non-Refundable Maintenance Security (for short IFMS) at the rate of Rs.50/- per square feet of super area, in addition to the consideration of Rs.60,64,763/-. The Matrix Build Well charged EDC at the rate of Rs.261- per square feet of the super area over and above the amount of Rs.261/- per square feet already added in the sale consideration (as per the order of the Haryana Government). The appellants paid the extra amount, but under protest, in order to take the possession of the flat. Since the additional EDC of Rs.261/- was arbitrarily charged by the Matrix Build Well, appellants filed the complaint before the District Forum.
3. During the course of hearing learned counsel for Matrix Build Well, on the instructions sought from them, has made a statement at bar that the EDC charged at the rate of Rs.261/- per square feet, that is, over and above of the EDC already included in the sale consideration, was charged in excess and the Matrix Build Well is ready to pay the amount charged in excess so far as the EDC amount is concerned. In the face of it, learned counsel for the appellants has stated that the appellants are satisfied if the said amount of EDC charged, that is, Rs.261/- per square feet by Matrix Build Well is returned to them by way of draft within one month from the date of receipt of this order and as such do not press their complaint.
4. Learned counsel for the Matrix Build Well has stated that the order of the District Forum was also challenged by the Matrix Build Well before this Commission by filing an appeal No.784 of 2013 but the same was dismissed vide order dated November 07th, 2013. However, findings of the District Forum qua charges taken for car parking etcetera were upheld.
5. In view of the above, it is ordered that Matrix Build Well shall pay the amount of EDC charged in excess of the amount already charged as per the agreement. The Matrix Build Well shall execute the conveyance/transfer/sale deed, in favour of the appellants within sixty days. It is clarified that in case the excess amount is not paid by the Matrix Build Well within thirty days on receipt of this order, the Matrix Build Well shall pay 10% interest on the amount to be paid. The other relief granted by the District Forum shall remain intact.
6. The appeal is accordingly disposed of in the manner indicated above.
Announced: 08.01.2014 (Urvashi Agnihotri) Member (B.M. Bedi) Judicial Member (Nawab Singh) President CL