Consumer Complaint Future City Developers Pvt. Ltd

Consumer Complaint Future City Developers Pvt. Ltd

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This post covers Consumer Complaint Future City Developers Pvt. Ltd wherein complainant asked to clear dues. 

Tajinder Kumar Sharma & Anr.

Vs.

M/s. Future City Developers Pvt. Ltd.

The present post will cover and give an overview of the case and it will give you a brief yet precise outline regarding all the major facts and issues involved in this particular case which basically revolves around claiming, transferring and releasing of the property as the transfer of property.  And it will give you a brief yet precise outline regarding all the major facts and issues involved in this particular case.

Also Read-  Future City Developers Pvt. Ltd – RERA Punjab

Complainant

Tajinder Kumar Sharma & Mrs. Ranjana Sharma

Respondents

M/s. Future City Developers Pvt. Ltd. & others

Important Dates :

Complaint filed on:  17 February, 2020

Respondent submitted 1st Reply on: 24.06.2020

Sign the sale deed on: 05.12.2014

Also Read- Balbir Singh v. Future City Developer Pvt. Ltd. 

Facts of case:

  1. The present complaint U/s. 31 of the Real Estate (Regulation & Development) Act, 2016 was filed on 17 February, 2020 by Sh. Tajinder Kumar Sharma & Mrs. Ranjana Sharma (hereinafter referred as “Complainant(s)”) against M/s. Future City Developers Pvt. Ltd. & others (hereinafter referred as “Respondent(s)”) in respect to Flat No. 702-B, 7th Floor having carpet area 1095 sq. ft. approximately. Allotment letter was issued to the complainant on 25.04.2014 at a price of Rs.22,49,000/- as BSP and agreement of the same was signed 17.05.2014. Till date the complainant had paid a total amount of Rs.20,85,749/-. The complainant took physical possession of the flat in the year 2016 and has now alleged that the respondent has not executed the sale deed of the flat so far.
  2. In response to the complaint, the respondent submitted reply on 24.06.2020. Counsel for the complainant(s) mailed their replication to the reply on 18.08.2020, which was taken on record. Today matter came up for arguments. Both the parties made their submissions.
  3. Complainant(s) have mentioned that the respondent had given physical possession of the flat in the year 2016 but the registered sale deed was never executed. Counsel for the complainant(s) argued that the respondent is liable for payment of interest for delay in executing the sale deed.
  4. The counsel for the respondent argued that the complaint is frivolous in nature. In support of his arguments, he invited attention to annexure R-4 & R-5 vide which the complainant(s) were asked to sign the sale deed on 05.12.2014 followed by reminder dated 28.10.2018, after payment of pending dues. Counsel for the complainant(s) was not able to rebut the same satisfactorily. Counsel for the respondent also invited attention towards the the complaint filed before the Permanent Lok Adalat which was compromised on 06.07.2019. Thereafter, the complainant(s) filed the complaint before this Authority in February, 2020

Also Read- Future City Developers Punjab RERA Complaint

Order of court

Based on the facts on record and arguments of both counsels for the complainant as well as respondent, the following is observed:-

  1. The complainant received physical possession of his flat in 2016 and is in continuous possession of the same.
  2. The sale deed of the apartment has still not been executed. Both the counsels failed to bring out the reasons for failure to execute the sale/conveyance deed. However, the respondent in his reply has alleged that a sum of Rs.3,56,494/- was outstanding towards the complainant in the year 2014, which has still not been cleared by the complainant so far. In view of the above, the following is ordered:- i. The complainant is directed to clear the entire outstanding amount alongwith interest @ 9.30% (as per State Bank of India highest marginal cost of lending rate i.e. 7.30% + 2%), from the date it was due. On receipt of the entire outstanding amount, alongwith interest, the respondent shall initiate immediate steps to get the conveyance deed executed, as per the terms and conditions mentioned in the agreement to sell executed on 17.05.2014. No other relief is made out.
  • The complaint is, accordingly, disposed off. File be consigned to record room and copy of order be provided, free of cost, to both the complainant and the respondent

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