This post covers Refund Consumer Case Emerging Valley Pvt Ltd Wherein court granted compensation for delay in possession.
Gurdev Kaur Thind vs Emerging Valley Pvt. Ltd. on 21 December, 2020
Complaint case No: 15 of 2020Date of Institution: 08.01.2020Date of Decision: 21.12.2020 FACTS OF THE CASE:
It is the case of the complainant that despite receiving substantial amount of Rs.22,80,000/- by the opposite parties towards price of plot no.55, in their project named Emerging Valley, Village Naugiari, Tehsil and District Mohali, Punjab, as far as back by November 2012, neither agreement was executed between the parties nor possession of the said plot was delivered to her, for dearth of development activities. It has been stated that it also came to her knowledge that the project in question has been launched without obtaining necessary licence/approvals and sanctions from the Competent Authorities. It has been specifically stated in para no.15 of the complaint that for dearth of necessary formalities aforesaid, the opposite parties are unable to deliver possession of the plot in question, in near future also.
Also Read– Emerging Valley Pvt. Ltd. CONSUMER COMPLAINT
It has been submitted by the complainant that the plot in question was, in the first instance, purchased by her husband Sh. Gurdip Singh Thind, which was later on got transferred in her name, vide sale deed dated 09.01.2017, Annexure C-5, and in this manner, she became the sole owner of the said plot.
By stating that the aforesaid act and conduct of the opposite parties in not delivering possession of the plot in question; launching the project in question without obtaining necessary sanctions amount to deficiency in providing service and unfair trade practice, thereby causing mental agony, harassment and financial loss to the complainant, she has filed the present case.
Also Read- CONSUMER COMPLAINT Emerging Valley Pvt Ltd
COMPLAINANT’S CLAIM:
The complainant’s claim has been contested by the opposite parties on numerous grounds, inter alia, that in the face of existence of provision to settle disputes between the parties through Arbitration, this Commission has no jurisdiction to entertain this consumer complaint; that this Commission did not vest with pecuniary and territorial jurisdiction; that she did not fall within the definition of “consumer” as the plot in question was purchased for commercial purposes; that the complaint filed is barred by time; that the husband of the complainant was defaulter in making payment towards price of the plot in question; that since the plot in question was booked by the husband of the complainant and also the payments were made by him, therefore, this complaint having been filed by complainant is not maintainable; that this complaint is liable to be dismissed on the ground that special power of attorney filed on behalf of the complainant to defend this complaint, has not been got embossed from the Indian Authorities; that this complaint is bad of mis-joinder of parties; and that only 20% of sale consideration stood paid towards price of the said plot.
However, it has been stated that allotment letter in respect of the plot in question was sent to the husband of the complainant, as far as back on 28.10.2015, yet, he failed to send the same after signatures. Registration of sale deed of the plot in question, vide document Annexure C-5 dated 09.01.2017 in the name of the complainant has been admitted by stating that it is a matter of record. It has been submitted that it was only the assurance made by husband of the complainant that registration in respect of the plot in question was done in her favour in January 2017; and that possession of the plot in question was offered vide letter dated 27.06.2017, but the complainant failed to take over the same, on making payment of the remaining amount.
Also Read-Ashok Kumar vs Emerging Valley Pvt. Ltd. on 4 January, 2021
ORDER OF THE COURT:
For the reasons recorded above, this complaint is partly accepted with costs and the opposite parties, jointly and severally, are directed as under: –
To refund the amount of Rs.22,80,000/- to the complainant, along with interest @12 % p.a. from the respective dates of deposit onwards, without deducting any TDS, 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. 22,80,000/- 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. It is also made clear that the opposite parties shall also be liable to refund the amount, if any, received from the complainant over and above Rs.22,80,000/-, in the manner ordered above.
To pay Rs.50,000/-, in lumpsum, towards compensation for causing mental agony and harassment and cost of litigation 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.
In case any loan has been obtained for making payment towards price of the said plot, the bank/financial institution concerned shall have the first charge, against the amount due to be paid by the complainant Certified Copies of this order be sent to the parties, free of charge.
Also Read- Gurpreet Singh v. Emerging Valley Pvt. Ltd. – CaseMine
CASE SUMMARY:
The above captioned complaint has been instituted by the complainant seeking directions to the opposite parties, to deliver possession of the plot purchased by her; to pay interest by way of compensation for the period of delay in delivering possession; to pay compensation for mental agony harassment and also litigation expenses; or to pass any directions deemed appropriate in the facts and circumstances of the case.
Also Read- Loveleen Kaur v. Emerging Valley (p) Ltd. & Another – Legitquest
This post is written by Gurleen Kaur Anand.
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