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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
V.K. Jain, Presiding Member
Emaar MGF Land Ltd. and Anr. —Petitioners
versus
Ram Niwas Bansal —Respondent
Revision Petition No.3285 of 2015
(Against the Order dated 14/09/2015 in Appeal No.184/2015 of the State Commission Chandigarh)
Decided on 9.11.2020
For the Petitioners:Mr. Aditya Narain, Advocate with Mr. Arnav Narain and Mishra Raj Shekhar, Advocates
For the Respondent:Mr. N.P. Sharma, Advocate
IMPORTANT POINT
Since offer of possession of allotted plot was not in accordance with the terms of agreement, complainants had a recurrent cause of action to institute consumer complaint.
Headnote:
Consumer Protection Act, 1986—Sections 21(b) and 2(1)(c) : [Consumer Protection Act, 2019—Sections 58 and 2(6)]—Allotment of plot—Delayed possession—Scope—Respondent-complainant was allotted a residential plot is a project—Though possession was offered vide letter dated 5.1.2012, the internal services having not been completed by that times the said offer was not in accordance with the agreement between the parties and therefore cannot be considered to be a valid offer of possession—Complainant had a recurrent cause of action to institute the consumer complaint—Plea of pecuniary jurisdiction not tenable in view of enhanced jurisdiction of District Forum under Act of 2019—Petitioner directed to offer possession of allotted plot to complainant provided internal services has been completed—Petitioner also directed to pay compensation @ Rs. 15,000/- p.a. w.e.f. the committed date of possession till the requisite delivery of possession—Petitioner also directed to pay compensation of Rs. 1,00,000/- to complainant for mental agony—Further direction also issued. (Paras 12 to 23)
Result: Petition disposed of.
ORDER (ORAL)
V.K. Jain, Presiding Member.—The respondent/complainant was allotted a residential plot in a project namely Augusta Park which the petitioner had to develop in Sector 109 of SAS Nagar, Mohali on 11.05.2007. An agreement was executed between the parties on 04.07.2007 incorporating their respective rights and obligations in respect of the said transaction. A revised allotment letter was thereafter issued to the complainant on 18.08.2007.
2. Vide letter dated 05.01.2012, the petitioner informed the complainant inter alia as under:-
The development activities in all three sectors of Mohali Hills i.e. Sectors 105, 108 and 109 are full swing and we are pleased to inform you that significant progress has been made with respect to development of basic infrastructure like water pipelines, sewer pipelines and development of roads, parks in these sectors. The development work of road and other basic infrastructure has been completed in portions of Augusta Greens Sector 109, Mohali Hills, where your Plot is situated. Further, you may note temporary electricity and water connection has already been sanctioned for the Project.
In view of the above development and our constant endeavour to enhance our customer’s satisfaction, we are prepared to hand over possession of the Plot to you, subject to your making payments mentioned hereunder:
3. The complainant sent a response to the above-referred letter dated 05.01.2012 stating inter alia that he was being given incomplete possession as basic infrastructure like STP, electricity, service station and rain water harvesting had not been done.
4. Vide letter dated 06.12.2012 the petitioner informed the complainant inter alia as under:-
1. For the registration process, it is important that the work for the entire sector to be completed, post which the company would apply for the completion certificate. Intimation from our end will be communicated once we have the registration certificate with us. We would further like to update that we are expediting the development activity in the concerned area and shall keep you updated on the status.
2. As mentioned above.
3. As mentioned in point 1. the overall infrastructural work is going on In the said sector where your unit is located. With reference to the work on water treatment plant, rain water harvesting and laying down of water, sewerage and electricity is also going on and an update will be shared with from time to time.
5. Vide letter dated 08.07.2014 available on page 97 of the paper book the petitioner required the complainant to pay the amount mentioned in the said letter and stated that on receipt of the afore-said amount the process of execution and registration of conveyance deed shall commence.
6. The complainant sent a letter dated 21.07.2014 to the petitioner disputing the demand and also asking the petitioner as to when it had taken the occupancy certificate or completion certificate.
7. The complainant approached the concerned District Forum by way of a consumer complaint filed on 27.08.2014 seeking the following reliefs:-
“That the cause of action arose to the complainants lastly on 8.7.2014 When the O.Ps raised illegal demand of money and the cause of action still continuing , as the amount is lying deposited with the O.Ps and they have failed to hand over the possession to the complainants till date , as such .the present complaint is being filed within the period of limitation.
It is, therefore, respectfully prayed that the Ops be directed to pay Rs.15,000/- per month as compensation /penalty for delayed possession from 4.7.2010 till the possession is physically handed over to the complainant and adjust the amount accordingly with the amount to be paid by complainant i.e EDC charges and stamp duty charges and pay the balance amount to the complainant .The O.Ps be further directed to pay Rs.5,00,000/- as compensation for deficiency in service .unfair trade practice and mental harassment suffered by the complai
