(1.) This consumer complaint under sec. 21 Consumer Protection Act, 1986 (in short, 'the Act') alleges deficiency in service by the opposite party in delay in handing over the possession of the plot booked by the complainant in ATS Greens Derabassi, District Patiala, Punjab.
(2.) The complainants booked a 500 sq yds plot @ Rs.5600.00 per sq yds on cash down basis on 16/9/2005 and paid a sum of Rs.28.00 lakhs being the full sale consideration. An agreement was executed on 22/5/2006 which referred to the amount of Rs.28.00 lakh paid as the basic selling price and not the entire sale consideration and mentioned that the complainant would be liable for External Development Charges (EDC) payable to the State Government or any other authority. The delay compensation of 18% per annum compounded quarterly on payment of installments was also incorporated in the agreement. Having paid a substantial amount, the complainants had no option but to sign the agreement. On 16/4/2008 the complainants were asked to select the location of their plot as per the Master Plan prepare and were allotted plot no.462. Subsequently, it was stated that the progress had been delayed due to the orders of the Hon'ble High Court of Punjab and Haryana in a Public Interest Litigation (PIL). The order of the stay was vacated on 1/5/2008 which was not conveyed to the complainants. On 7/4/2009, the complainants were informed that in view of the approval of a 25 acre IT SEZ and a 5 Star Hotel tie up, there was likelihood of changes in the location of the plots. On 27/4/2009, the complainants were allotted plot no. 95 in Pocket III and it was informed that the opposite party had also applied for a Change in Land Use (CLU) on 17/7/2008. Despite repeated follow-up and lapse of time, the opposite party started construction of the residential towers without developing the plots. On 10/9/2012 the opposite party again informed that the plots had been changed and plot no. 237 in ATS Golf Meadows - I, was allotted to the complainant. On 27/11/2012 the opposite party demanded EDC charges to be paid @ Rs.1250.00per sq yds i.e., Rs.6,25,000.00 without indicating any details of the project or date of handing over or registration of plots despite the passage of seven years and despite the promise of handing over possession by May 2009. The complainants approached the opposite party vide letter dtd. 1/7/2013 and conveyed that no payment would be made towards EDC without any details/ assurances regarding the handing over of the plot. In response the opposite party provided a copy of the EDC notification and demand letter of the Regional Deputy Director, Local Government, Patiala, but did not provide further details.
(3.) The complainants submit that demand for EDC dtd. 30/11/2010 was five years and three months after receiving the full payment and after more than 18 months of the expiry of their promised date of possession as per the agreement dtd. 22/5/2006. In January 2017, the opposite party offered possession of the plot subject to clearance of outstanding dues, although the project was still in complete as the roads, electrification, landscaping, water supply and sewerage was yet to be completed. The complainants were further asked to pay EDC of Rs.6.25 lakh vide letter dtd. 3/2/2017. The opposite party did not respond to the letters dtd. 1/2/2017 and 20/2/2017 issued by the complainants contesting the levy of EDC without progress on the site.