SKYRISE BUILDERS VENETIAN TOWER CONSUMER COMPLAINT wherein shop not delivered on time & refund granted with interest and compensation.
Case – Harvinder Singh Bedi vs Skyrise Builders on 29 January, 2018
This post is a summary of judgment wherein OP floated a scheme for allotment of shops/showrooms/office space/food courts under the name and style of Skyrise Builders project named as Vanetian Tower at Sector 5, Peer Mushalla, NAC Zirakpur, Mohali. The complainants wanted to purchase one shop for earning livelihood by means of self-employment by opening a beauty parlour therein. They approached OP and booked a shop in the abovesaid project. As per the agreement dated 20.10.2013, OP had to deliver the possession of the shop to complainants on 20.10.2014. OP failed to give the possession of the shop till date, despite repeated visits paid by complainants. The Court directed OP to refund the entire deposited amounts of the complainants with interest @ 12% p.a. from the date of the respective deposits till actual payment. The complainants were also awarded the compensation of Rs.75,000/- for mental harassment and Rs.25,000/- as the cost of litigation against OP.
Also Read- Veena Sharma vs M/S Skyrise Builders on 29 July, 2019
Judgment digest
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.
Consumer Complaint No.159 of 2017
Date of Institution: 20.03.2017
Order reserved on 23.01.2018
Date of decision: 29.01.2018
Complainants:
1.Harvinder Singh Bedi S/o Jagir Singh, R/o 20B /70B, Tilak Nagar, New Delhi now resident at Apartment No.701, Block F2, Floor 7, Maya Garden City, Zirakpur Ambala Highway, Zirakpur, District Mohali through SPA holder Ajinder Kaur w/o Harvinder Singh Bedi.
- Ajinder Kaur w/o Harvinder Singh Bedi R/o 20B/70B, Tilak Nagar, New Delhi now resident at Apartment No.701, Block F2, Floor 7, Maya Garden City, Zirakpur Ambala Highway, Zirakpur, District Mohali
Also Read- Orders/ Judgements by Adjudicating Officer – RERA Punjab
Opposite party:
Skyrise Builders (Vanetian Towers) SCO 5, (Adjoining Sector 20 Panchkula), Peer Mushalla, Zirakpur, District Mohali, Punjab through its Director/Incharge/Manager.
Quorum:
Shri J. S. Klar, Presiding Judicial Member.
Smt. Surinder Pal Kaur
Argued by:
For the complainant: Sh. Kulwinder Singh, Advocate.
For the OP: Sh. Ammish Goel, Advocate.
Also Read- SPIRIT INFRASTRUCTURE PVT. LTD. Consumer Complaint
Facts and evidence presented by both parties.
This complaint has been filed by the complainants on the averments, that OP has floated a scheme for allotment of shops/showrooms/office space/food courts under the name and style of Skyrise Builders project named as Vanetian Tower at Sector 5, Peer Mushalla, NAC Zirakpur, Mohali. The complainants wanted to purchase one shop for earning livelihood by means of self-employment by opening a beauty parlour therein. They approached OP and booked a shop in the abovesaid project, vide application dated 12.10.2013. They paid an amount of Rs.1,74,800/-, vide cheque No.568093 dated 12.10.2013, drawn on HDFC Bank against booking of the shop. OP issued receipt No.81 dated 12.10.2013 for payment of Rs.1,74,800/-. They entered into an agreement with OP on 20.10.2013 for a shop, having a super area of 250 sq. ft. lower ground floor situated at Vanetian Towers at Sector 5, Peer Mushalla, NAC Zirakpur, Mohali, and the total consideration of shop was Rs.17,48,000/-.
Also Read- SHAURYA TOWNSHIP PVT. LTD Consumer Complaint
As per the agreement dated 20.10.2013, OP had to deliver the possession of the shop to complainants on 20.10.2014. They further paid an amount of Rs.2,78,413/-, vide cheque No.568094 dated 20.10.2013 and OP issued receipt No.84 for the same and also provisionally allotted shop No.82 to them, vide provisional allotment letter dated 20.10.2013. On 25.01.2013, OP called the complainant to bring an agreement dated 20.10.2013 and replaced clause No.9 therein by changing the date of delivery of possession from one year to two year. On 28.09.2014, OP issued an allotment letter to complainants for shop No.82 on the lower Ground Floor in Vanetian Towers, Peer Mushalla, NAC Zirakpur, Mohali. On 28.09.2014, OP forced the complainants to enter into a fresh buyer’s agreement with them, after receiving the hefty amount of Rs.10,51,464/-. As per the fresh buyer’s agreement dated 28.09.2014, the possession thereof was agreed to be delivered within 30 months from the date of start of construction/allotment and even as per the agreement, the possession was to delivered by 12.04.2016, but the OP failed to give the possession of the shop till date, in spite of repeated visits paid by complainants. As per the payment schedule and demand raised by the OP, the complainants deposited an amount of Rs.2,35,681/- along with service tax, vide cheque dated 30.07.2014, against which OP issued receipt No.228 dated 28.09.2014. As per the calculation sheet, the complainants had paid an amount of Rs.17,22,240/- to OP.
Also Read- CONSUMER COMPLAINT AGAINST BARNALA BUILDERS
The OP failed to issue the receipt for the cheque dated 30.04.2015, which was paid to OP, and the same was cleared in the bank of the complainants. The complainants approached OP for a refund of the amount deposited by them, but all in vain. OP utilized the hard-earned money of the complainants illegally and this act of OP amounts to unfair trade practice, besides deficiency in service. Upon notice, a written version was filed by OP by raising preliminary objections that complainants approached it for allotment of commercial space and Unit No.82 at Lower Ground Floor in the Project namely “Veneitan Tower” admeasuring 250 sq. ft. and the total consideration of the unit was to the tune of Rs.17,48,000/-. The complainants, thus, do not fall in the definition of Consumer, as defined in the Consumer Protection Act 1986, as they had booked the shop in question for commercial purposes and for earning profits solely. However, the complainants specifically pleaded this fact in the complaint that they booked the shop for beauty parlour to earn their livelihood by means of self-employment only. The complainant also tendered in evidence her affidavit Ex. C-A, deposing on oath that the shop in dispute has been purchased for earning their livelihood by means of self-employment by opening beauty parlour therein. The OP could not rebut the evidence of the complainants regarding booking of this shop for earning livelihood by means of self-employment by them.
Also Read- Blog – Free Legal Advice Chandigarh Panchkula Mohali
Judgment:
In view of our above discussion, we accept the complaint of complainants and direct OP to refund their entire deposited amounts with interest @ 12% p.a. from the date of the respective deposits till actual payment. The complainants are also awarded the compensation of Rs.75,000/- for mental harassment and Rs.25,000/- as cost of litigation against OP.
This post is written by Riya Singh.
For case specific advice please contact consumer forum advocates lawyers in Chandigarh Panchkula Mohali Kharar Zirakpur Derabassi .
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