Back
PUNJAB, STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHANDIGARH
Gurcharan Singh Saran, Presiding Judicial Member
M/s Janta Land Promoters Pvt. Ltd. —Appellant
versus
Anil Kumar Mittal —Respondent
First Appeal No.873 of 2016
Decided on 9.1.2017
Counsel for the Parties:
For the Appellant:Sh. Abhinav Gupta, Advocate
IMPORTANT POINT
Builder cannot unilaterally change payment/construction plan which is not permissible under terms and conditions given in allotment letter.
Headnote:Consumer Protection Act, 1986—Sections 15 and 17—Real estate—Booking of Apartment—Additional demand—Complaint allowed by District Forum—In force majeure, OP has stated that due to high level of sub soil water which took time to dewatering, construction was delayed for three months but on record OP has failed to place any evidence to support it—OP unilaterally changed payment/construction plan which is not permissible under terms and conditions given in allotment letter—Deductions of 10% from amount deposited is not justified according to terms and conditions of allotment letter—District Forum has properly appreciated fact on record and its findings are correct—Appeal dismissed. (Paras 10 and 11)
Result: Appeal dismissed.
Gurcharan Singh Saran, Presiding Judicial Member—This appeal has been preferred by appellant/opposite party (hereinafter referred as ‘OP’) under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘Act’) against the order dated 24.10.2016 in C.C. No. 13 of 05.01.2015 passed by the learned District Consumer Disputes Redressal Forum, S.A.S. Nagar, Mohali (in short the ‘District Forum’) vide which the complaint filed by the complainant/respondent (hereinafter referred as ‘complainant’) was allowed with directions to OP to refund a sum of Rs. 14,30,029/-, alongwith interest @ 12% per annum w.e.f. 17.12.2013 till actual payment. They were further directed to pay Rs. 25,000/- on account of compensation and Rs. 5,000/- as litigation expenses.
2. Complainant filed the complaint under sections 11 & 12 of the Act against OP on the averments that the complainant booked 4 BHK corner apartment No. H-1301 of 3007 sq. feet facing green @ Rs. 3725/- per sq. feet costing of Rs. 1,12,01,075/- towards basic price. After adding PLC, IFMC, Club Charges, Power Back-up Charges and Parking charges, the total consideration was Rs. 1,22,63,332/- in their ‘Falcon View Apartments’ approved by government in their ‘Super Mega Mixed Use Integrated Industrial Park Project’ in Sector 66A, 82 and 83, S.A.S. Nagar, Mohali. As desired by OP, the complainant paid a sum of Rs. 11,56,638/- vide cheque No. 593756 dated 22.09.2012. OP further demanded 15% price of the apartment vide its letter dated 5526 dated 07.12.2012 and a sum of Rs. 16,80,161/- was paid vide cheque No. 712903 dated 19.12.2012. On payment of 25% of the price, the parties entered into an agreement on 04.01.2013 and OP issued an allotment letter No. 416-418 dated 16.01.2013 in which it was stated that construction work has already started and further demanded 10.44% of the sale price amounting to Rs. 11,68,607/- alongwith service tax and a sum of Rs. 12,04,720/- paid on 05.02.2013 vide cheque No. 712910 dated 05.02.2013. In this way, he had paid a sum of Rs. 40,41,519/-. As per payment schedule given by OP, the complainant was to make the payment as under:-
| Sr. No. | Linked Stages | Tentative Date | Payment | Due Amount |
| 1. | On completion of Basement Roof slab of the tower | 15.02.2013 | 7.5% of Basic Sale Price + 50% of PLC- applicable service tax on date | Rs. 8,40,081/- + Rs. 2,43,191/- + applicable service tax on date |
| 2. | On completion of 2nd Floor Roof Slab of the Tower | 15.04.2013 | 7.5% of Basic Sale Price + 50% of PLC+ applicable service tax on date | Rs. 8,40,081/- + Rs. 2,43,191/- + applicable service tax on date |
| 3. | On completion of 5th Floor Roof Slab of the Tower | 15.06.2013 | 7.5% of basic sale price + applicable service tax on date | Rs. 8,40,081/- + applicable service tax on date |
| 4. | On completion of 8th Floor Roof Slab of the Tower | 15.08.2013 | 7.5% of Basic sale price + applicable service tax on date | Rs. 8,40,081/- + applicable service tax on date |
| 5. | On completion of 11th Floor Roof Slab of the Tower | 15.10.2013 | 7.5% of Basic sale price + applicable service tax on date | Rs. 8,40,080/- + applicable service tax on date |
| 6. | On completion of final Roof Slab of the Tower | 25.01.2014 | 7.5% of Basic sale price + applicable service tax on date | Rs. 8,40,080/- + applicable service tax on date |
| 7. | On completion of internal plaster of the Tower | 10.03.2014 | 7.5% of Basic sale price + 50% car parking charges + applicable service tax on date | Rs. 8,40,080/- + Rs. 10,000/- + applicable service tax on date |
| 8. | On completion of internal flooring | 10.05.2014 | 7.5% of Basic sale price + 50% car parking charges + applicable service tax on date | Rs. 8,40,080/- + Rs. 10,000/- + applicable service tax on date |
| 9. | On of |
