RAJINDER KUMAR SOOD Vs. HILL VIEW PROMOTERS

JUDGEMENT

(1.) This appeal under Sec. 19 the Consumer Protection Act, 1986 (in short, the 'Act') is directed against the order dtd. 8/12/2016 of the State Consumer Disputes Redressal Commission, U.T., Chandigarh in Consumer Complaint no. 888 of 2016 dismissing the appeal with costs of Rs.20,000.00.

(2.) We have heard the learned counsel for the appellant and perused the records. Respondent had been placed ex parte on 10/10/2019.

(3.) The brief conspectus of facts of the case are that the appellant's son was the original allottee of Flat No. 403, 4th Floor, Golf View Towers, Sector 91, SAS Nagar, Mohali admeasuring 1582 sq ft for a sale consideration of Rs.34,00,000.00 as per Agreement to Sell dtd. 24/2/2007, which was revised as per Agreement dtd. 30/8/2008 to Rs.37,75,000.00. As per Clause 13 of this supplementary agreement, possession was promised by 31/12/2009 subject to force majeure conditions and, in case of default, it was agreed to compensate the allottee @ Rs.20,000.00 per month till possession as per Clause 14. Vide re-allotment letter dtd. 30/5/2013 the flat was transferred in the name of the present appellant who is the father of the original allottee. As per the appellant, possession of the flat was offered on 25/10/2012 by the respondent to the original allottee without completion of the development works and without obtaining a Completion or Occupation. Failure to take possession was stated by respondent to entail forfeiture of 25% of the sale consideration. A 'No Dues Certificate' was issued by the respondent in favour of the original allottee dtd. 8/9/2016. Appellant contended that the matter was a covered matter and has placed reliance on order of this Commission in Randeep Singh Oberoi and Anr. Vs. M/s A&A Builders and Developers and 6 Ors., Appeal No. 714 of 2013 dtd. 19/1/2015 wherein it was directed to continue to pay compensation @ Rs.20,000.00 per month till Completion/Occupancy Certificate was issued in respect of the same project. It was also contended that vide various interim orders, removal of defects had also been ordered. Appellant submitted that it had been learnt that Completion Certificate had been obtained on 28/12/2015 and hence deficiency in service on part of the respondent was apparent. Refund with interest @ 18% on the sum deposited was claimed as per this Commission's judgment in Sunit Enterprises and Anr. Vs. Mohan Lal N. Jogi and Anr. It was contended that the cause of action was a continuing cause since neither possession of the flat complete in all respects had been offered nor refund provided. Sale Deed had also not been executed.