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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
D.K. Jain, President, Vinay Kumar and M. Shreesha, Members
EMAAR MGF LAND LIMITED AND ANOTHER - Appellants
Versus
AMIT PURI - Respondent
First Appeal No. 250 of 2014 (Against the Order dated 03/03/2014 in Complaint No. 92/2013 of the State Commission Chandigarh).
Decided on : 30-03-2015

Advocates Appeared:
Amit Mahajan with Adhish Srivastava, Ms. Neha Jain, Advocate Amartyo Biswas, Advocates, for the Appellant; Rajeev Ranjan Kumar, Advocate, for the Respondent

Headnote:

Consumer Protection Act - Colonizer - Section 19 - Summary of Acts and Sections: Consumer Protection Act, 1986 (Section 19), Lucknow Development Authority v. M.K. Gupta - (1994) 1 SCC 243, Ghaziabad Development Authority v. Balbir Singh - (2004) 5 SCC 65 - The court discussed the provisions of the Consumer Protection Act, 1986 and the interpretation of the word 'compensation' as well as the principles for determining compensation and interest to the complainant. The court emphasized that a consumer forum is entitled to award compensation for any loss or damage suffered by a consumer and that compensation cannot be uniform, but must be determined based on various factors such as loss of rent and deprivation of the benefit of escalation of the price of the property. The court also highlighted that if a developer fails to deliver possession of the allotted plot within the stipulated time, the allottee is not obligated to accept an alternate plot and is entitled to seek a refund of the amount deposited with the developer against allotment.

Fact of the Case:

The Complainant, a Non-Resident Indian, applied for registration of a residential plot in a project developed by the Appellants. Despite several requests, the Appellants failed to deliver physical possession of the allotted plot, leading the Complainant to file a complaint seeking refund of the amount deposited, interest, and compensation for mental and physical harassment.

Finding of the Court:

The State Commission held that the Appellants were deficient in rendering service and engaged in unfair trade practice by not delivering physical possession of the allotted plot to the Complainant, and partly allowed the complaint by directing the Appellants to make various payments to the Complainant.

Issues: The issues included the entitlement of the Complainant to seek a refund of the amount deposited, interest, and compensation due to the failure of the Appellants to deliver physical possession of the allotted plot within the stipulated time.

Ratio Decidendi: The court held that if a developer fails to deliver possession of the allotted plot within the stipulated time, the allottee is not obligated to accept an alternate plot and is entitled to seek a refund of the amount deposited with the developer against allotment. The court also emphasized the wide connotation of the word 'compensation' and the principles for determining compensation and interest to the complainant.

Final Decision: The Appeal was dismissed, and the Appellants were directed to make payments to the Complainant, with costs quantified at Rs. 25,000 and the statutory deposit of Rs. 35,000 transferred to the Consumer Welfare Fund.

ORDER

D.K. Jain, President. - This First Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), has been preferred by a Colonizer, questioning the correctness and legality of order dated 03.03.2014, passed by the State Consumer Disputes Redressal Commission, UT, Chandigarh (for short "the State Commission") in Complaint Case No. 92/2013. By the impugned order, the State Commission, while partly allowing the Complaint, preferred by the Respondent/Complainant, has directed the Appellants to pay to him : (i) as refund, an amount of Rs. 34,66,535/-, deposited by the Complainant with them, along with interest @ 12% p.a., from the respective dates of deposits; (ii) interest @ 12% p.a., on the amount of Rs. 5,39,086/-, already refunded to the Complainant, from the respective dates of deposit, till the respective dates of refund; (iii) a compensation of Rs. 1,50,000/-, for causing mental agony and physical harassment to him as also towards escalation in prices in the real estate; (iv) Rs. 20,000/- as cost of litigation. It has been further directed that in case the payment of amounts, mentioned at (i), (ii) and (iii) above is not made within a period of 45 days from the date of receipt of a certified copy of its order, then the Appellants shall be liable to pay the amount mentioned at (i) above with interest @ 15% p.a., instead of 12% p.a., from the respective dates of deposits, till realization; interest @ 15% p.a. on the amount mentioned at (ii) above, from the respective dates of deposit to the respective dates of refund; and interest @ 12% p.a. on the amount of compensation mentioned at (iii) above, from the date of filing the complaint, till realization, besides payment of litigation costs, to the tune of Rs. 20,000/-.

2. Succinctly put, the facts leading to the filing of the Appeal are that sometime in the year 2007, the Complainant, a Non-Resident Indian (NRI), had applied for registration of a residential plot in the project, named and styled as "Mohali Hills", to be developed by the Appellants in Sectors 105, 108 and 109, Augusta Park, Mohali Hills, SAS Nagar, Punjab. On allotment of Plot No. 279, admeasuring 300 sq. yards @ Rs. 11,500/- per sq. yard (for a total consideration of Rs. 40,50,354/-) in Sector-109, by 09.05.2007, the Complainant deposited the amounts demanded as per the schedule mentioned in the aforesaid application, in addition to a sum of Rs. 10,35,000/- deposited at the time of booking. In respect of the said allotment, a Plot Buyers Agreement was executed between the parties on 04.07.2007. As per Clause (8) of the said Agreement, subject to force majeure conditions and reasons beyond the control of the Appellant, the possession of the plot was to be delivered to the Complainant within a period of two years from execution of the said Agreement, but not later than three years. Although the Scheme postulated development of Sectors, 105, 108 and 109 together, Sector 109, in which the plot was allotted to the Complainant, was not developed at all, as according to the Complainant, no land was available for carving out the plots. Having waited for almost five years, at the request of the Complainant, vide email dated 29.03.2012, the Appellants relocated him in Sector 108 by allotting plot No. 33, Block-MLU in the said Sector, which was claimed to be a developed Sector. An amended Agreement, in continuation of the Plot Buyers Agreement dated 04.07.2007, was entered into between the parties on 06.07.2012, amending certain clauses of the earlier Agreement. Although Clause (5) of the Amended Agreement refers to replacement of earlier Annexure-I, setting out the payment plan, but it appears that as the entire sale consideration had already been paid by the Complainant, much prior to execution of the Amended Agreement, no fresh payment plan had been annexed therewith. On the contrary, as the alternate plot allotted in Sector 108 was not preferential, and the Complainant had deposited a total

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