Document Fragment View

Matching Fragments

                        MRS. PADMA PANDEY, MEMBER     Argued by:      

 
Sh. Gaurav Bhardwaj, Advocate for the complainant.
Sh. R.S.Pandher, Advocate for Opposite Parties No.1 and 2.
Sh. Puneet Tuli, Advocate, proxy for Er.Sandeep Suri, Advocate for Opposite Party No.3.
 
PER PADMA PANDEY, MEMBER                  The facts, in brief, are that the complainant was willing to own a residential plot near Chandigarh for her family and particularly for grand-daughter and, therefore, she applied for a residential plot of 350 sq. yards in the project floated by the Opposite Parties by the name of 'M/s Altus Space Builders Pvt. Ltd.' and the said scheme was promoted by Opposite Party No.3. It was stated that a proposal form for provisional allotment was duly signed by the complainant and an amount of Rs.10,50,000/- was paid on 14.09.2011 to the Opposite Parties vide receipt dated 16.09.2011. Copies of the proposal form for provisional allotment and receipt are Annexures C-1 (Colly.) & C-2. Thereafter, the complainant also paid Rs.7,00,000/-, in cash, to Opposite Party No.3 on 14.09.2011 vide receipt (Annexure C-3), which was issued by the Branch Sales Manager of Opposite Party No.3. It was further stated that the complainant was called by Opposite Party No.3 to the office of Opposite Party No.2, who is the channel partner of Opposite Party No.1, on 19.09.2011 for execution of the Agreement to Sell, which was duly signed by the complainant and Opposite Party No.2 (Annexure C-4 colly.) and the payment of Rs.17,50,000/- was acknowledged by the Opposite Parties in the said Agreement. It was assured that possession of the unit was to be handed over to the complainant within a period of 36 months from 19.09.2011.  Thereafter, the complainant further paid an amount of Rs.10,50,000/- on 02.11.2011, Rs.10,50,000/- on 06.12.2011 and she received a reminder dated 13.03.2012 for further payments. It was further stated that the Opposite Parties also informed that they had applied for CLU on 01.10.2011 and received the same on 02.01.2012.  It was further stated that there was some error in the amount received by the Opposite Parties and the complainant raised a protest about the same. It was further stated that the Opposite Parties sent another reminder dated 27.04.2012, in which, the date of receipt of CLU was mentioned as 05.08.2011. As such, the complainant again raised a protest, as there was error, Opposite Party No.2 waived off the interest amount. It was further stated that the complainant duly paid an amount of Rs.7,70,000/- on 22.05.2012. Copies of the receipts and reminders are Annexures C-5 to C-9. It was averred that the complainant waited for possession of her plot and neither Plot Buyer's Agreement was got signed from her during this period nor any plot number was provided to her. Then, the complainant received another reminder dated 12.03.2014, vide which, the Opposite Parties demanded the EDC, which was duly paid by the complainant on 24.03.2014. Copies of the reminder and receipt are Annexures C-10 and C-11.   It was further stated that the complainant received a copy of Plot Buyer's Agreement in February, 2015, which was protested by the complainant regarding terms of the Agreement and the Opposite Parties assured that possession of the unit was to be handed over very soon. Thereafter, the complainant refused to sign the said Agreement at a belated stage because as per article 5 of the said Agreement, possession was to be delivered within a period of 30 months (extended by six months) from the date of execution of the same. It was further stated that the complainant duly deposited the amount of Rs.10,00,000/- with the Opposite Parties on 17.04.2015. Copies of the Plot Buyer's Agreement and receipt are Annexures C-12 (colly.) & C-13.  It was further stated that total sale consideration of the plot, in question, was Rs.45,50,000/- excluding CLU, EDC, IDC & any other Government charges, out of which, the complainant had already paid an amount of Rs.58,15,000/- to the Opposite Parties. It was further stated that period of three years had expired on 19.09.2014 and the complainant approached the Opposite Parties for possession but they showed their inability to hand over the same and requested her to wait for some more time. Thereafter, the complainant visited the site and found that there is nothing on the site. It was further stated that the Opposite Parties pre-launched a project without proper approvals and sanctions from the Government and they were collecting money from the innocent and law abiding senior citizens but they failed to hand over the possession, after receipt of the huge amount from her. It was further stated that the aforesaid acts, on the part of the Opposite Parties, amounted to deficiency, in rendering service, and indulgence into unfair trade practice. When the grievance of the complainant, was not redressed, left with no alternative, a complaint under Section 17 of the Consumer Protection Act, 1986 (in short the 'Act' only), was filed.