Acme Builders Pvt Ltd Consumer Complaint for Refund for refund for delay as possession not delivered on time to buyer.
Let us have the judgment where refund was allowed along with compensation and litigation cost for mental harassment and agony.
CONSUMER COMPLAINT AGAINST Acme Builders Pvt. Ltd.
Judgment digest:
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH
Complaint case No.: 733 of 2016
Date of Institution:25.10.2016
Date of Decision: 16.05.2017
Complainant:
Smt.Monica Hira wife of Sh.Manjit Singh, resident of House No.417, Phase-2, Mohali, Punjab.
Opposite parties:
- M/s ACME Builders Pvt. Ltd., through its Chairman/Managing Director, 1st Floor, SCO 2449-50, Sector 22-C, Chandigarh.
2nd Address:- M/s ACME Builders Pvt. Ltd., through its Chairman/Managing Director, GH # 10 JLPL, Sector 90-91, SAS Nagar, Mohali, Punjab.
- Diwan Housing Finance Corporation Limited (DHFL), Sector 26, Chandigarh, through its Branch Manager.
Also Read- Nitin Sharma vs Acme Builders Pvt. Ltd. on 16 May, 2017
Argued by:
Sh. Aseem Gupta, Advocate for the complainant.
Sh.S.K. Monga, Advocate for opposite party no.1
Er. Sandeep Suri, Advocate for opposite party no.2.
Judgment digest:
Complaint case No.: 777 of 2016
Date of Institution: 08.11.2016
Date of Decision: 16.05.2017
Complainants:
Nitin Sharma son of Sh.Subhash Kumar.
Vaishali Sharma wife of Nitin Sharma.
Both residents of #837, Lane-4, Prem Nagar, Yamunanagar, Haryana.
Opposite party:
ACME Builders Pvt. Ltd., presently at GH # 10, Sector 90-91 (JLPL), SAS Nagar, Mohali and earlier SCO No.2449-2450, First Floor, Sector 22-C, Chandigarh, through its Director/Authorized Signatory.
Argued by:
Sh. Sanjeev Sharma, Advocate for the complainants.
Sh.S.K. Monga, Advocate for the opposite party
Judgment digest:
Complaint case No.: 778 of 2016
Date of Institution: 08.11.2016
Date of Decision: 16.05.2017
Complainants:
Pankaj Saini son of Sh.Naveen Kumar Saini.
Naveen Kumar Saini son of Sh.Mukandi Lal.
Both residents of #615 B, Type 2, Rail Coach Factory, Kapurthala, Punjab.
Opposite party:
ACME Builders Pvt. Ltd., presently at GH # 10, Sector 90-91 (JLPL), SAS Nagar, Mohali and (Earlier SCO No.2449-2450, First Floor, Sector 22-C, Chandigarh), through its Director/Authorized Signatory.
Argued by:
Sh. Sanjeev Sharma, Advocate for the complainants.
Sh.S.K. Monga, Advocate for the opposite party.
Judgment digest:
Complaint case No.: 970 of 2016
Date of Institution: 28.12.2016
Date of Decision: 16.05.2017
Complainant:
Payal wife of Sh.Usman Raza Butt, resident of AWHO 4613, Sector 68, Darshan Vihar, Mohali.
Opposite party:
ACME Builders Pvt. Ltd., SCO 2449-50, First Floor, Sector 22-C, Chandigarh, through its Managing Director/Authorized Signatory.
Argued by:
Sh. Savinder Singh Gill, Advocate for the complainant.
Sh.S.K. Monga, Advocate for the opposite party.
Also Read- Ankur Sharma vs Acme Builders Pvt. Ltd. on 6 October, 2017
Quorum:
JUSTICE JASBIR SINGH (RETD.), PRESIDENT.
- DEV RAJ, MEMBER.
MRS. PADMA PANDEY, MEMBER.
Facts and evidence presented by both parties.
In all the complaints, the complainants are original allottees and have sought a refund of the amount deposited towards the price of the units, respectively, purchased by them, in the respective projects of the opposite parties. At the time of arguments, on 26.04.2017 it was agreed by Counsel for the contesting parties, that facts involved in the above complaints, by and large, are the same, and therefore, all the four complaints can be disposed of, by passing a consolidated order. To dictate order, facts are being taken from consumer complaint bearing no.733 of 2016, titled as Smt. Monica Hira Vs. M/s ACME Builders Pvt. Ltd. and another. The complainant purchased a residential flat, for her personal use, in a project, launched by opposite party no.1, named “ACME Floors”, Sector 110, TDI City, SAS Nagar, Mohali, on 02.11.2012. At the time, when the project was launched, a very rosy picture qua its salient features was given. It was promised that the project will be equipped with housing facilities, club facilities, and other facilities required for quality public living. When application Annexure C-1 was moved on 02.11.2012, the complainant paid an amount of Rs.5,40,000/-, as a booking amount. Receipt Annexure C-5 qua payment of the said amount was issued by opposite party no.1 on 28.12.2012. Vide letter at page 16 of the file, she was provisionally allotted unit no.1988, 1st floor, measuring 1050 square feet, in the said project.
Also Read-RERA Punjab Complaint against Acme Builders Pvt Ltd no. 1333/2019
It is a case of the complainant that without affirming the stage of construction, opposite party no.2 disbursed the entire amount of loan, to opposite party no.1. As per terms and conditions of the tripartite agreement, EMIs were to be paid by opposite party no.1, till offering of possession. However, without giving possession of the unit, opposite party no.2 started charging EMI @Rs.16,603/-, from the complainant, and up to 31.08.2016, the complainant had paid an amount of Rs.83,015/-, for the said purpose. It is on record that as per terms and conditions of the Agreement, opposite party no.1 committed to delivering possession of the unit, within 24 months, with an extended period of six months. It was specifically stated that at the time of launch of the said project, permissions were not available with opposite party no.1. It was also stated that in not offering buyer’s agreement for signing within a reasonable time, opposite party no.1 has indulged in unfair trade practice. It was specifically alleged that till the date of filing of this complaint, possession of the unit, was not offered to the complainant, by opposite party no.1. As such, by not offering an Agreement, for signing in a reasonable time, but after a long delay of about more than one year of accepting booking amount, opposite party no.1 committed unfair trade practice and is also deficient in providing service. Further, it was specifically alleged by the complainant in para no.8 of her complaint that the project was launched, at the time, when permissions/approvals were not available with opposite party no.1. The said averment has been denied by opposite party no.1, stating that approvals were available with it, at the time, when the project, in question, was launched. However, no evidence has been placed on record, in the shape of a copy of the certificate for grant of change of land use; permission to construct the units; approvals of building layout plans, etc., by opposite party no.1, if obtained from the Competent Authorities.
Also Read- Acme Builders Complaint in RERA Punjab Authority (Review Application)
Case titled as Uniroyal Industries Ltd vs Acme Builders
Judgment:
In consumer complaint bearing no.733 of 2016, titled as Smt.Monica Hira Vs. M/s ACME Builders Pvt. Ltd. and another, opposite party no.1/builder is directed as under:- To refund the entire amount paid by the complainant from her sources/pocket, at the time of booking and thereafter also, if any, towards the price of a unit, along with interest @10% p.a., from the respective dates of deposits onwards. To refund the entire amount paid by the complainant to opposite party no.2, towards equal monthly installments, on the loan amount raised vide tripartite agreement/loan agreement, referred to above.
In consumer complaint bearing no. 777 of 2016, titled as Nitin Sharma and another Vs. ACME Builders Pvt. Ltd., the opposite party is directed as under:- To refund the entire amount paid by the complainants from their sources/pocket, at the time of booking and thereafter also, if any, towards the price of the unit, along with interest @10% p.a., from the respective dates of deposits onwards. To refund the entire amount paid, if any, by the complainants, to the loan sanctioning Bank/ Financial Institution, towards equal monthly installments, on the loan amount raised vide tripartite agreement/loan agreement, referred to above.
Also Read- Delay in Possession Complaint to Rera Punjab
In consumer complaint bearing no. 778 of 2016, titled as Pankaj Saini and another Vs ACME Builders Pvt. Ltd., the opposite party is directed as under- To refund the entire amount actually paid by the complainants from their sources/pocket, at the time of booking and thereafter also, if any, towards the price of a unit, along with interest @10% p.a., from the respective dates of deposits onwards. To refund the entire amount paid, if any, by the complainants, to the loan sanctioning Bank/ Financial Institution, towards equal monthly installments, on the loan amount raised vide tripartite agreement/loan agreement, referred to above. In consumer complaint bearing no. 970 of 2016, titled as Payal Vs. ACME Builders Pvt. Ltd., the opposite party is directed as under- To refund the amount of Rs.7,95,000/-, to the complainant, along with interest @10% p.a., from the respective dates of deposits onwards.
Also Read- Punjab RERA Acme Builders Complaint
To pay compensation, in the sum of Rs.75,000/- for causing mental agony and physical harassment, to the complainant, as also an escalation in prices. To pay the cost of litigation, to the tune of Rs.22,000/- to the complainant. The payment of awarded amounts mentioned at sr.nos.(i) to (iii), shall be made, within 45 days, from the date of receipt of a certified copy of this order, failing which, the amount mentioned at sr.no.(i) shall carry penal interest @11% p.a. instead of 10%, from the respective dates of deposits onwards, and interest @10 % p.a., on the amounts mentioned at sr.nos.(ii) and (iii), from the date of filing of this complaint, till realization.
Also Read-Punjab RERA complaint against Sukhm Infrastructure Pvt. Ltd
In consumer complaint bearing no. 970 of 2016, titled as Payal Vs. ACME Builders Pvt. Ltd., the opposite party is directed as under- To refund the amount of Rs.7,95,000/-, to the complainant, along with interest @10% p.a., from the respective dates of deposits onwards. To pay compensation, in the sum of Rs.75,000/- for causing mental agony and physical harassment, to the complainant, as also an escalation in prices. To pay the cost of litigation, to the tune of Rs.22,000/- to the complainant.
Also Read- File Your Complaint Online With Rera Punjab
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This post is written by Riya Singh.
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