In this post we will discuss about Consumer Complaint against M/s Universal Infrastructures wherein the court ordered to obtain Completion Certificate and Occupancy Certificate in respect of the flat/project in question, to comply with the provisions of Section 17(2) of the Punjab Apartment Ownership Act, 1995 and provide registered maintenance society to the complainants within three months, to provide all the facilities like Club, Chemist Shop, Creche, Child Care Facility etc. as agreed in the Buyers Agreement within three months, not to charge maintenance charges till the date of obtaining the Completion Certificate and Occupancy Certificate from the concerned competent authority and to pay 22,000/-, as litigation expenses within three months.
Dr mudit kumar versus M/S universal
Introduction
Buying and selling goods are unavoidable daily task of our life now a days . such decisions to execute such investment is fundamentally based upon trust ,failing to which can cause physical harm and financial loss to consumers. Where in {CPA consumer protection act} ,1986 comes in force .which provides rapid relief to such breach of trust or negligence .this cases are sued under CPA .
Heads covered
1 In this post we will enlighten on case Dr mudit kumar V. M/S universal infrastructure which was registered under section 17{1}{a} of CPA. which will give you short but important overview regarding all the major facts,issuses in the particular case which mainly revolves around claiming to provide Completion Certificate from the competent authority within time bound manner and to pay interest @ 10% per annum on the total sale consideration from the date of payment till they get the Completion Certificate; to provide registered maintenance society to the complainants and till then opposite parties Nos.1 to 3 be directed not to charge any maintenance charges from them; to provide the promised facilities and amenities as per the brochure; Consumer Complaint No.125 of 2019 . to provide Occupation Certificate of the flat .
ALSO READ- M/S. UNIVERSAL INFRASTRUCTURE & … VS BINAY PAL SINGH & ANR. ON 23 AUGUST, 2019
Facts of the case
case filed in ;STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.
Misc. Application No.241 of 2019
Consumer Complaint No.125 of 2019
Date of institution : 08.02.2019
Reserved on : 20.05.2019
Date of decision : 03.06.2019
Complainant
- Dr. Mudit Kumar son of Shri Surendra Sahai Srivastava.
- Dr. Monika Sachdeva wife of Dr. Mudit Kumar, Both residents of H.No.1104, LYRA Block, Taj Towers, Sector 104, SAS Nagar, Mohali.
Respondent
- M/s Universal Infrastructures having its registered office at SCO-44, Sector 104, Pearl City, Mohali, through its Managing Director/Authorized Officer. e-mail: [email protected]
- Mandeep Singla, Partner, M/s Universal Infrastructures having its site office-SCO 44, Sector-104, Pearl City, Mohali e-mail: [email protected]
- Rajesh Kumar, Partner, M/s Universal Infrastructures having its site office-SCO 44, Sector-104, Pearl City, Mohali. e-mail: [email protected]
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- Greater Mohali Area Development Authority (GMADA), PUDA Bhawan, Sector 62, SAS Nagar, Mohali, through its Chief Administrator. e-mail: [email protected]
Quorum:-
Honble Mr. Justice Paramjeet Singh Dhaliwal, President Mrs. Kiran Sibal,
Member Present:- For the complainants : Shri Sandeep Khunger, Advocate. For opposite parties Nos.1-3: Shri Manoj Vashishtha, Advocate.
For opposite party No.4 : Shri Anuj Kohli, Advocate.
ALSO READ- DR. MUDIT KUMAR V. M/S UNIVERSAL INFRASTRUCTURE
Timeline of events
Brief facts, as averred in the complaint, are that the complainants are Doctors and are joint allottees of Flat No.1104, Block Lyra, Category 4-BHK, location-4th, Floor 11th in the Taj Towers, Sector 104, Pearl City, Mohali, for a total sale consideration of 70,00,000/- including External Development Charges, infrastructural development charges etc.
The complainants are aggrieved against opposite parties Nos.1 to 3, who failed to provide promised facilities and services as per the terms and conditions of the contract i.e. allotment letter and the Buyers Agreement executed between the parties in respect of the said flat.
The case of the complainants is that opposite parties Nos.1 to 3 have failed to provide the amenities and handed over the possession of the said flat without Completion Certificate from the competent authority.
The possession has been illegally offered to the complainants on 10.7.2016. In-spite of the fact that the entire amount towards the sale consideration has been paid by the complainants they have been deprived of the promised facilities.
In fact the complainants were Consumer Complaint No.125 of 2019 attracted by the brochure and the advertisements made by opposite parties Nos.1 to 3 that they are renowned in construction work and have constructed buildings of Sri Guru Granth Sahib World University, Fatehgarh Sahib, Thapar University, Derabassi, Rajiv Gandhi National University of Law, Patiala, PRTC Training Institute, Civil Hospitals as well as several housing complex.
They had come up with Taj Towers-Heart of Mohali with all the latest facilities as per the global standard wherein the complainants have been allotted the flat.
It was projected in their brochure as under:- The Taj Tower is built on the most prominent location of Sector 104, Pearl City, Mohali, comprises 4 BHK luxurious Apartments, which embraces extravagant luxury to let you live life on your terms. When you live in the Taj Towers, you don’t own a home, you own a kingdom.
Here you own an elite space that is meticulously built for you by the finest architects, using the finest material, where luxury is a necessity. The Taj Towers is the only privileged choice for people who love to live life-king size.
Following facilities were promised in the brochure of opposite parties Nos.1 to 3:- Creche & Child Care Facility, Entertainment Zone for all age groups, Elderly Care Centre and Nurse Assistance; Mini Cineplex, 24 Hours Chemist Shop, Dietician prescribed Catering, Club House, Restro-Bar, Guest Rooms at Club Taj; Fully equipped Fitness Centre, Shopping Area within proximity, Jogging Track, Swimming Pool; Non-Stop Power & Water Supply, Wi-fi Zone, 3-Tier Security, Spacious Balconies & Turfed Garden.
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A rosy picture was shown in the brochure and the advertisement.
The complainants were attracted by the same and accordingly Consumer Complaint No.125 of 2019 booked 4 Bedrooms House but when the possession was given many things were lacking. It is further pleaded in the complaint that they have taken Preferential located flat by paying the extra amount as PLC charges and extra car parking charges i.e. ECP, vide Buyers Agreement dated 5.6.2016, Ex.C-3. The possession was delivered on 10.7.2016 without the Occupation and Completion Certificate from the competent authorities.
The complainants had paid 100% of total sale consideration from their own resources and a home loan of 58,80,000/- was got financed from the State Bank of India on 12.7.2016 so that the sale consideration of 77,01,074/- be made to them, which was accordingly made.
It needs to be emphasized that the Completion and Occupation Certificate is a necessity without which no one can reside in a house.
In the recent past in AQUILA TOWER a life-threatening incident had happened on 14.6.2017 where fire broke out which could not be controlled due to lack of the fire safety norms and other facilities.
The photographs of the said incident in the AQUILA TOWER have been annexed on record as Ex.C-10. Such like fire could have been avoided if the proper amenities would have been provided.
At least minimum life risk would have been there. Opposite parties Nos.1 to 3 have taken the advantage of the complainants as they were in immediate need of the flat and the complainants were made to shift to the flat without there being promised facilities with the understanding that the same would be provided within a short span of time.
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However, it was realized that after getting the total sale consideration from the complainants, opposite parties Nos.1 to 3 are not ready to spend any Consumer Complaint No.125 of 2019 amount on the development of the promised facilities.
Very often water stagnation in the pits of the lifts can be seen and the same is causing endanger to the life of the residents. Also there is water logging and stagnation of water in the pits meant for the electric supply, which is a clear pointer to the fact that opposite parties Nos.1 to 3 are not at all bothered about the safety of the residents and are concerned only in minting money in one way or the other. The photographs in that regard have been annexed on record as Ex.C
It is further averred that initially the project was got sanctioned from the competent authority by showing the basement as parking; however, subsequently in collusion with the official of GMADA opposite parties Nos.1 to 3 got the project sanctioned without basement parking and as such, there is not enough parking for the residents and further the promised facilities in the club have also not been provided.
Neither there is any Restro-Bar in the said Club and even the other facilities like Chemist Shop, Creche and Child Care Facility, Elderly Care Centre & Nurse Assistance, Guest Room, 24 hours Doctor on call are not in existence in the project.
In the name of Club, there is only one Hall which is being used as an Administrative Office and the employees of opposite parties Nos.1 to 3 are operating from the said Hall.
It is further averred that even after the repeated requests of opposite parties Nos.1 to 3 failed to provide completion certificate, which the complainants have been asking for since the day of possession
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. The complainants vide letter dated 21.10.2018 requested opposite parties Nos.1 to 3 to get the completion certificate and issue occupancy certificate along with Consumer Complaint No.125 of 2019 separate maintenance agreement for the flat at the earliest. Information under the RTI Act, 2005 was received from opposite party No.4-GMADA with regard to the completion certificate.
Specific information was sought with regard to the date of approval of the sanctioned layout plan, revised layout plan and the report of inspection for issuance of partial completion certificate for group housing project; named, the Taj Towers.
Opposite party No.2 informed that they have not obtained the Completion Certificate because there were deficiencies in the project.
The details have been mentioned in a letter dated 7.9.2016, Ex.C-17. By offering the possession of the flat to the complainants by misrepresenting that opposite parties Nos.1 to 3 are having the partial completion certificate and they will be getting the completion and occupancy certificate in near future but in actual not even having the partial completion certificate amounts to deficiency in service and adoption of unfair trade practice.
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Issues in the case
1st The possession of the residential unit in question was taken way back in the month of September 2016 and now in view of the facts and circumstances of the case in hand the Consumer Complaint No.125 of 2019
2nd deficiency in services:
1) have not constructed a basement for parking, therefore, the area for proportionate parking in the Tower for Partial Completion is less.
2) The proportionate green area in the tower for Partial Completion has not been developed.
3) There is no clarification regarding the construction of S.T.P. at the spot in the report of the Committee. Consumer Complaint No.125 of 2019
4) There is no certificate of supervision from the qualified Structure Engineer with regard to the Structure Safety.
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Findings of the court
- There is no evidence on record to prove that the project, in question, or a part thereof has been certified by opposite parties Nos.1 to 3 from the local/competent authority, so as to deliver the possession of the flat in question, complete in all respects to the complainants. As already discussed above, no Completion / Occupation Certificates issued by the competent authority have been produced by opposite parties Nos.1 to 3 on the record, which itself is violation of above reproduced Section 14 of PAPRA and Clause 3.12
- Moreover, according to the provisions of Chapter IV- Association and Regulation of its Affairs, Section 17(2) of the Punjab Apartment Ownership Act, 1995 the Resident Welfare Association could be formed and registered only after obtaining the occupation certificate for the building. Section 17(2) of the said Act reads as under:- 17(2) After obtaining occupation certificate for the building and within three months of one third of the apartments being allotted, sold or otherwise transferred, the promoter shall make an application to the competent authority for the registration of Consumer Complaint No.125 of 2019 association, with the persons who have taken apartments as members and if the promoter fails to make such application, the allottee shall make such application
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Hence it is held that the possession delivered to the complainants without obtaining Completion Certificate and Occupation Certificate from the competent authorities was not a legal and valid possession. The complainants had to take possession obviously in order to safeguard their hard earned money. Besides this, the opposite parties have not produced on record anything to prove that all the amenities/facilities like Club, Chemist Shop, Creche, Child Care Facility, Elderly Care Centre and Nurse Assistance etc. have been provided by the opposite parties. It certainly amounts to deficiency in service and adoption of unfair trade practice on the part of opposite parties Nos.1 to 3.
ALSO READ- RAHUL BANERJEE & ANR v. M/S. BENGAL UNITECH UNIVERSAL INFRASTRUCTURE PVT. LTD
Judgement of forum
Judgement was in favor of the complaint other party has given following directions;
- i) to obtain Completion Certificate and Occupancy Certificate in respect of the flat/project in question from the competent authorities concerned within a period of three months and hand over the copies thereof to the complainants, failing which to pay interest at the rate of 9% per annum on the total amount paid by the complainants towards the total sale consideration of the flat in question from 3.9.2019 till such certificates are obtained and delivered to them;
- ii) to comply with the provisions of Section 17(2) given in Chapter IV of the Punjab Apartment Ownership Act, 1995 and provide registered maintenance society to the complainants within three months;
iii) to provide all the facilities like Club, Chemist Shop, Creche, Child Care Facility etc. as agreed in the Buyers Agreement within three months;
- iv) not to charge maintenance charges till the date of obtaining the Completion Certificate and Occupancy Certificate from the concerned competent authority;
- v) to pay 22,000/-, as litigation expenses within three months.
ALSO READ- SHUBHOJIT NAG v. BENGAL UNITECH UNIVERSAL INFRASTRUCTURE PRIVATE LIMITED & ANR
Conclusion
the concerned authority keeping in mind the right and wrong of legal suit passed the order in favour of complaint .the respondent was unable to put forward any evidence , fact in support of delay in completion of certificate .thus the respondent was ordered to complete the same and to pay amount of 22,000 as litigation fees.
This post is written by Simran Thakral
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