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Judgment
Heard Ms. Priya S. Bhalerao, Advocate for the Complainants. Nobody appears for the Opposite Party, who has been proceeded ex-parte vide order dated 27.07.2017.
Dr. Harpreet Singh Mann and Mrs. Jaspal Kaur Mann (the Complainants) have filed above complaint for directing Pearls Infrastructure Projects. Ltd. (the Opposite Party) (i) to refund Rs.1,00,00,000/- with interest @ 18% per annum from the date of respective deposit till the date of refund (ii) pay Rs.30,00,000/- as compensation for mental agony and harassment (iii) pay Rs.3,00,000/- as litigation cost (iv) and any other relief which is deemed fit and proper in the fact of the case.
The Complainants stated that the Opposite Party was a company registered under the Companies Act and engaged in the business of development and construction of Real Estate. In the year 2011, the Opposite party launched a project of township in the name of Pearls City at Sector 100, Mohali and made publicity of the project. The Complainant booked a residential plot of 400 Sq. Yards on 16.06.2011 and deposited the booking amount of Rs.10,00,000/-. The Opposite Party vide an allotment letter dated 29.06.2011, allotted plot no. 1716, area 400 Sq. Yards, for a sale consideration of Rs.1,00,00,000/-, thereafter, the Opposite Party executed a Plot Buyer Agreement on 30.08.2011 in favour of the Complainants. Annexure-1 of the Plot Buyer Agreement provides a payment plan based upon the stages of the development and total consideration was payable within 36 months except 5% of BSP, which was payable at the time of offer of possession. The Opposite Party executed a tripartite agreement with the Complainants and State Bank of Patiala on 10.10.2012. On the basis of that agreement, the Complainants took a loan of Rs.24,90,000/-. The Complainants paid the instalment as per the demand of the Opposite Party and total amount of Rs.1,00,00,000/- was paid up to December 2014. The Clause 10 of the agreement provides three years period from the date of signing the Plot Buyer Agreement for handing over the developed plot. The three years period expired on 30.08.2014, but, the Opposite Party inspite of the realizing the entire amount, failed to deliver the possession of the plot in dispute to the Complainants. It may be mentioned that the Opposite Party has issued a letter dated 17.02.2015, showing as a certificate of possession, but, this was mere a paper possession and inasmuch as the basic infrastructure of the development on the spot has not been completed nor the permission from the development authority has been granted for handing over possession. Due to unreasonable delay, the Complainants gave a letter dated 24.05.2016 for handing over possession and also made a complaint to Greater Mohali Area Development Authority for not handing over possession, but, nothing was done. Then, this complaint was filed on 24.05.2016.
The notice was served upon the Opposite Party, but, the Opposite Party could not file its written reply within 30 days from the service of the notice, therefore, this Commission has rejected the written reply filed on 16.12.2016 by the Opposite Party vide order dated 10.01.2017, thereafter, the complainants were permitted to file affidavit of evidence, which was filed on 25.05.2017. Subsequently, the Opposite Party is not appearing to attend the case.
We have considered the arguments of the Counsel for the Complainants. The plot in dispute was allotted on 29.06.2011 and Plot Buyer Agreement was executed on 30.08.2011. The Clause 10 of the agreement provides three years period for handing over possession of the developed plot in the township. Three years period expired on 30.08.2014, but, the plot was neither developed nor possession of the developed plot has been handed over to the Complainants. Although, a possession certificate dated 17.02.2015, is alleged to have been signed by the Complainants, but, complainants have produced the photograph of the plot which was taken in the year 2016, showing that, no basic infrastructure like road, electricity, water supply & drainage etc. has been developed on the spot. Although, as per agreement, the Opposite Party was required to hand over possession of the developed plot. Till today, there is nothing on record that the Opposite Party has made any endeavour to develop the plot and hand over possession to the Complainants. It is well settled that a home buyer cannot be made to wait for unlimited period for possession. Due date of possession has already expired on 30.08.2014 and now 10 years have passed. In these circumstances, the complaint for refund is liable to be allowed.
Order
The Complaint is partly allowed with cost of Rs.50,000/-. The Opposite party is directed to refund entire amount deposited by the Complainants with interest @ 9% per annum from the date of respective deposit till the date of refund, within a period of two months from the date of producing a certified copy of this order before Opposite Party/Appropriate Authority.