Emerging Valley Pvt. Ltd. CONSUMER COMPLAINT wherein refund allowed to complainant along with compensation and interest for delay.
Case- Anjali Dogra And Ors v. Emerging Valley (p) Ltd. And Ors
Judgment digest
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH
Complaint case No.: 80 of 2019
Date of Institution: 10.04.2019
Date of Decision: 04.01.2021
Complainant:
Anjali Dogra W/o Sh.Sunil Kumar Awasthi R/o VPO & Tehsil Jaisinghpur, Distt. Kangra, Himachal Pradesh.
Also Read- Ashok Kumar vs Emerging Valley Pvt. Ltd. on 4 January, 2021
Opposite parties:
- Emerging Valley Private Limited, Head Office at SCO No.46-47, First Floor, Sector 9-D, Chandigarh through its Director Sh.Gurpreet Singh Sidhu. Email:[email protected].
- Gurpreet Singh Sidhu, Director, Emerging Valley Private Limited, Head Office at SCO No.46-47, First Floor, Sector 9-D, Chandigarh. Email:- [email protected].
Also Read- Loveleen Kaur v. Emerging Valley (p) Ltd. & Another – Legitquest
Argued by:
- Ravinder Pal Singh, Advocate for the complainant.
- J.S. Rattu, Advocate for the opposite parties, alongwith Sh. Gurpreet Singh Sidhu, Managing Director of Emerging Valley Private Limited.
Judgment digest
Complaint case No.: 156 of 2019
Date of Institution:16.07.2019
Date of Decision: 04.01.2021
Also Read- Gurnam Singh vs Emerging Valley Ltd. on 7 December, 2020
Complainant:
Ashok Kumar S/o Bihari Lal, resident of B1/250, Royal City, Jagraon, Punjab.
Opposite parties:
- Emerging Valley (P) Ltd. a unit of Emerging India Housing Corporation (P) Ltd. Registered Office B-57, Lower Ground South Extension, Part-II, New Delhi-49, through its Managing Director/Authorized Signatory, Email Id:[email protected]
- Emerging Valley (P) Ltd. a unit of Emerging India Housing Corporation (P) Ltd. through its Authorized Signatory, Corp. Office: SCO 46-47, Near Matka Chowk, Madhya Marg, Sector 9 D, Chandigarh 160009, Email Id:[email protected]
- Managing Director, Gurpreet Singh Sidhu, C/o M/s Emerging Valley (P) Ltd. a unit of Emerging India Housing Corporation (P) Ltd., R/o House No.208, Sector 9, Chandigarh-160009.
- Additional Director Kamaljit Singh C/o M/s Emerging Valley (P) Ltd., a unit of Emerging India Housing Corporation (P) Ltd. R/o House No.26, Hira Bagh, Chaura, University Patiala 147002.
Also Read- Jang Bahadur Singh & Another Vs. Emerging Valley Private
Argued by:
Ms. Kavita Arora, Advocate for the complainant.
Sh.J.S. Rattu, Advocate for opposite parties no.1 to 3, alongwith Sh. Gurpreet Singh Sidhu, Managing Director of Emerging India Housing Corporation (P) Ltd.
Opposite party no.4 exparte vide order dated 12.02.2020.
Quorum:
JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT.
MRS. PADMA PANDEY, MEMBER.
MR.RAJESH K. ARYA, MEMBER.
Also Read- Mohan Singh v. Emerging Valley Pvt. Ltd. – CaseMine
Facts and evidence presented by both parties:
The aforesaid complaints have been filed by the respective complainants, seeking a refund of the amount paid along with interest; compensation, etc., as they are aggrieved of deficiency in providing service, negligence, and adoption of unfair trade practice on the part of the opposite parties because there has been an inordinate delay about delivery of possession of the respective plots booked by them, in their (opposite parties) project, for the dearth of construction; development activities and also necessary permissions/sanctions/approvals have not been obtained from the competent Authorities for launching the project, wherein the plots in dispute are located. Details with regard to the project in dispute; plots booked; payments made by the complainants; etc. of these complaints are given below:- CC No. 80 of 2019 156 of 2019 Project name Emerging Valley, Landran Banur Road, Mohali, Punjab Emerging Valley, Landran Banur Road, Mohali, Punjab Plot booked on 24.10.2013 12.12.2011 Area of the plot 100 square yards 200 square yards Total cost 1643500.00 2635000.00 Amount paid 1201074.00 1806750.00 Agreement Not executed Possession offered or not offered Delay in years More than 6 years from the date of booking of plot More than 8 years from the date of booking of plot Allottee Original allottee By stating that the aforesaid act and conduct of the opposite parties, in both the complaints, amount to deficiency in providing service and adoption of unfair trade practice, these complaints have been filed by the complainants.
Also Read- Real Estate Regulatory Authority, Punjab Judgments against Emerging Valley Pvt Ltd.
The claim of the complainants, in both complaints, has been contested by the opposite parties, on numerous similar grounds, inter alia, that the complainants have concealed material facts from this Commission; that they did not fall within the definition of “consumer” as the plots in question were purchased for commercial purposes; that this Commission did not have pecuniary and territorial jurisdiction to entertain these complaints; that the complaints filed are barred by time; that the complaints contain disputed questions of fact and law and as such cannot be adjudicated by this Commission under summary proceedings; that the project was delayed on account of red-tapism in the offices of different departments of the Government and that was why; the competent authorities delayed in granting approvals/sanctions. While applying the theory of force majeure circumstances (which means irresistible circumstances beyond ones control such as the act of God), it has been alleged that delay in delivery of possession of plots occurred, also on account of the high cost of labour, material, etc.; that the company is endeavoring to complete the project at the earliest alongwith handing over possession; that the complainants defaulted in making payments, resulting into the delay in development activities and possession of the plots in question; that the complainants were requested number of times to come forward for the execution of agreements and to make a remaining payment towards the price of their respective plots, but they failed to do so. In CC No.156 of 2019 it has been additionally stated that opposite party no.3 has been wrongly impleaded in his personal capacity; that in the face of existence of provision to settle disputes between the parties through Arbitration, in case, the agreement would have been executed between the parties, this Commission has no jurisdiction to entertain this consumer complaint; that the complaint is bad for misjoinder of necessary parties; that letter dated Annexure C-4 has not been issued by the opposite parties;
Also Read- Emerging Valley MD sent to three years’ imprisonment for non -compliance
that the payments made are denied in the absence of payment receipts; that the brochure Annexure C-1 reliance whereupon has been placed by the complainant is incomplete; that the complainant failed to send back the allotment letter dated 12.10.2013 sent to him for signatures; that possession of the plot in question was offered vide letter dated 06.11.2017 but the complainant failed to take over the same on making payment of the remaining amount; that possession was to be delivered within a period of 36 months from the date of making payment equal to 90% of the total sale consideration; that all permissions/approvals were shown to the complainant at the time of booking of the plot in question; that still the opposite parties are ready to adjust the complainant in the said project. The remaining averments were denied being wrong.
Also Read- Gurpreet Singh v. Emerging Valley Pvt. Ltd. – CaseMine
Judgment:
For the reasons recorded above, these complaints are partly accepted with costs, in the following manner:- In CC No.80 of 2019, the opposite parties, jointly and severally, are directed as under- To refund the amount of Rs.12,01,074/- (admittedly paid to the opposite parties) to the complainant, alongwith interest @12% p.a., without deducting any TDS, from the respective dates of deposit onwards, within 30 days, from the date of receipt of a certified copy of this order, failing which, thereafter, the said amount of Rs.12,01,074/- shall carry 3% penal interest i.e. 15% p.a. (12% p.a. plus (+) 3% p.a.), from the date of passing of this order, till realization. To pay compensation for causing mental agony and physical harassment; deficiency in providing service and adoption of unfair trade practice and also cost of litigation, in lumpsum, to the tune of Rs.50,000/- to the complainant within 30 days from the date of receipt of a certified copy of this order, failing which, the said amount of Rs.50,000/-, shall carry interest @9% p.a. from the date of passing of this order, till realization. In CC No.156 of 2019, the opposite parties, jointly and severally, are directed as under- To refund the amount of Rs.18,06,750/- (which payment has been admitted to be received by the opposite parties in para no.2 of their preliminary objections) to the complainant, alongwith interest @12% p.a., without deducting any TDS, from the respective dates of deposit onwards, within a period of 30 days, from the date of receipt of a certified copy of this order, failing which, thereafter, the said amount of Rs.18,06,750/- shall carry 3% penal interest i.e. 15% p.a. (12% p.a. plus (+) 3% p.a.), from the date of passing of this order, till realization. To pay compensation for causing mental agony and physical harassment; deficiency in providing service and adoption of unfair trade practice and also cost of litigation, in lumpsum, to the tune of Rs.50,000/- to the complainant within a period of 30 days from the date of receipt of a certified copy of this order, failing which, the said amount of Rs.50,000/-, shall carry interest @9% p.a. from the date of passing of this order, till realization. However, it is made clear that in case the complainants, in any of the complaint above, have availed housing loan from any Bank(s)/financial institution(s) for making a payment towards the price of their respective plots, it shall have the first charge of the amount payable, to the extent, the same is due to be paid by the complainants against their respective plots.
Also Read- 20210520OJbyAOAdCNo15462… – RERA Punjab Complaint against Emerging Valley Pvt Ltd
This post is written by Riya Singh.
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