Professional Documents
Culture Documents
MOHALI, PUNJAB
… COMPLAINANTS
VERSUS
…. RESPONDENTS
INDEX
No. NO.
1 DETAILS OF COMPLAINANT &
OPPOSITE PARTY
2 SYNOPSIS
3 LIST OF DATES & EVENTS
4 FACTS OF THE CASE
5 ISSUE IN CONSIDERATION
6 RELIEF(S) SOUGHT
7 AFFIDAVIT
8 APPLICATION FOR INTERIM ---------
RELIEF
9 AADHAR CARD C-1 ---------
10 APPLICATION OF
ACKNOWLEDGEMENT C-2
11 AMOUNT PAID BY THE
COMPLAINANT C-3
12 CONFIRMATION REGARDING
AMANDEEP KAUR
THROUGH
HIMANSHU RAJ
4
Chandigarh Office:-
EMAIL:LawOfficeOfHimanshuRaj@Gmail.Com
WEBSITE: www.ligamine.in
DATE:
PLACE: CHANDIGARH
SYNOPSIS
That the present complaint is being filed before the GREATER MOHALI
Punjab.
That it is pertinent to mention here that the complainant was an allottee of “THE
PALM” project but the respondent failed to hand over the possession of the unit
to the complainant within the stipulated period of time i.e. within a period of 24
months from the date of allotment as stipulated in the agreement executed on
also failed to adduce the occupancy certificate and the requisite approvals from
the competent authority and had also violated many other provisions of the
PAPRA Act, 1995 due to which the complainant had to face a lot of hardship as
AMANDEEP KAUR
THROUGH
HIMANSHU RAJ
4
Chandigarh Office:-
EMAIL:LawOfficeOfHimanshuRaj@Gmail.Com
WEBSITE: www.ligamine.in
DATE:
PLACE: CHANDIGARH
BEFORE THE GREATER MOHALI AREA DEVELOPMENT
GURINDERJIT SINGH, S/O LT.S. BALWANT SINGH, R/O #649, PHASE II,
…..COMPLAINANTS
Versus
……..RESPONDENTS
RESPECTFULLY SHOWETH:
1. That the complainants are the residents of India and are aggrieved because of
2. That the respondent no.1 is a private limited company having its office at
objective.
3. That it is pertinent to mention here that the complainants booked the residential
unit in the said project on 01.03.2013 and paid total amount in installments as
and the payment receipts are annexed as ANNEXURE C-3. That the
and despite several requests to know the status of the project, the respondent
and failed to comply with the obligations casted upon it under Section 3 of the
Punjab Apartment And Property Regulation Act, 1995 and for the convenience
“3.(1) Notwithstanding anything in any other law for the time being in force, a
(a) make full and true disclosure of the nature of his title to the land on
advocate of not less than seven years standing, after he has examined
land is owned by another person, the consent of the owner of such land to
the development of the colony or construction of the building has been
obtained;
(b) make full and true disclosure of all encumbrances on such land,
including any right, title, interest or claim of any party in or over such
land;
the land as well as of the common areas and facilities and common
under any law for the time being in force, indicating thereon what
Provided that the number and size of the apartments shall conform to
such building regulations, and the area of an apartment shall not exceed
copies thereof referred to in clauses (a), (b) and (c) of this sub-section at
the site and in his office and make them available for inspection to
(e) disclose the nature of fixtures, fittings and amenities, including the
the builder, the prescribed particulars as respects the design and the
the builder, disclose all agreements entered into by him with the
accordingly;
direct that-
apartments; and
(ii) in the case of colony, of the total area of the colony is forty hectares
or more, ten per cent of the area under residential plots and houses, be
(i) state in writing, the precise nature of and the terms and conditions
(j) not allow person to enter into possession until an occupation certificate
required under any law is duly given by the appropriate authority under
that law and no person shall take possession of an apartment until such
(k) make a full and true disclosure of all outgoing, including ground rent, of
any, municipal or other local taxes, charges for water and electricity,
any; (l) give the estimated cost of the building and the apartments
mutual agreement;
(m) make a full and true disclosure of such other information and documents
as may be prescribed.
5. That it is pertinent to mention here that the respondent did not disclose any of
the information regarding the project to the complainants as stated under section
3 (2)(d) of the PAPRA, 1995. That the complainants kept on asking for the
documents as well as information regarding the project but the same were never
the respondent never had the said approvals from the competent authority. That
whooping amount for the rented accommodation, which they might not be
paying had they got the possession on the promised date by the respondents.
The bank statement showing the payment of rent by the complainants is
annexed as .
7. That the respondent had sent the letters dated for offer of possession to
the payment of a huge amount without even completely providing the amenities.
The demand notice are annexed as ANNEXURE C-11. That it is also pertinent
to mention here that as per SECTION 3(n) OF THE PAPRA, 1995, the
respondent shall demand reasonable charges against the unit booked but in the
present case, the respondent is raising illegal and arbitrary demands against the
executing the Plot buyer Agreement with the complainants, the respondent has
already accepted the total cost but still the respondent hasn’t completed the said
8. That it will not be out of place to mention here that then flat was incomplete on
both the dates as well as after the said dates and the same can be proved by the
ANNEXURE C-6. That the complainants have paid whole amount (100% till
now) as demanded by the respondent through cheques. That such conduct is not
only unreasonable but is in itself a violation of PAPRA, 1995. The copy of the
“Notwithstanding anything contained in any other law for the time being in
basis, or who intends to offer for sale plots in a colony, shall, before he
accepts any sum of money as advance payment or deposit, which shall not be
more than twenty five per cent of the sale price, enter into a written
agreement for sale with each of such persons who are to take or have taken
such apartments, or plots, as the case may be, and the agreement shall be in the
applicant before draw of lots for allotment, such agreement will be required
That it is pertinent to mention here that the complainants have paid around 90%
of the total sale price of the plot to the respondent before the respondent entered
into the Apartment buyer Agreement with the complainants against the plot
here that such an act on the part of the respondents is against the provisions of
PAPRA, 1995.
10.That it is pertinent to mention here that the complainants have paid whole
amount till date of the total cost of the property, but the said money is not being
utilized for the completion of their project and complete amenities like road,
sewage were not provided to the complainants as were agreed to by them under
the agreement. That as per Section 9 of the PAPRA 1995 which states that,
sums taken by him from persons intending to take or who have taken
apartments or plots, as advance, towards sale price or for any other purpose,
or ,deposit, including any sum so taken towards the share capital for the
(including ground rent, if any, municipal or other local taxes. charges for water
encumbrances, if any, stamp duty and registration fee for the agreement of sale
and the conveyance ; and the promoter shall hold the said moneys for the
purposes for which they were given and shall disburse the moneys for those
colonies, for meeting the cost of development works, and shall on demand, in
writing, by the competent authority make full and true disclosure of all
transactions in respect of that account and shall not utilize for any other
That the complainants kept on asking about the development of the project from
the respondent and how the money which was deposited is being utilized but till
date, there has been no disclosure from the side of the respondent regarding the
amount utilized to develop the project or to develop his allotted unit. That the
respondent has failed to comply with the provisions of the PAPRA, 1995 and
has siphoned the hard earned money of the complainants for its own personal
monetary gains.
11.That as per section 3(2) (j) of the PAPRA, 1995 the requirement of the
occupation certificate before delivering possession to the buyers has been made
mandatory. That it has been more than 5 years from the date of allotment of the
unit and till date, the respondent has failed to adduce the occupancy certificate
and other approvals from the competent authority, and has also failed to deliver
12. That the complainants had paid the amounts as demanded by the respondents
on the false belief that the possession will be delivered to the complainants
within the period of 24 months from the date of allotment but for more than 5
years, the complainants are having to pay the rent for the other accommodation.
Such an expense was highly unreasonable as it could have been avoided if the
respondents would have delivered the possession on the assured time. The
such hardships caused to them because of the acts of the respondents. The
It is also pertinent to mention here that several representations have been made
to the Hon’ble Authority before this but so far, no action has been taken by the
AMANDEEP KAUR
THROUGH
HIMANSHU RAJ
4
EMAIL:LawOfficeOfHimanshuRaj@Gmail.Com
WEBSITE: www.ligamine.in
DATE:
PLACE: CHANDIGARH
ISSUES TO BE DECIDED:-
1. Whether the developer had taken all the necessary clearance from the
necessary clearances.
3. Whether the title of the land is defective on which the project is being
developed.
the property even when the developer knew that no Buyer Agreement has
8. Whether the developer has diverted and routed all the funds and resources
9. Whether the developer’s action is justified for not even laying a single
brochure, even after a gap of more than 5 years from the date of the
purchase.
imposed on him under this act or the rules or regulation made hereunder.
amount deposited against the said property along with 20% interest, as
the OP is unable to deliver the actual possession of the property, till date.
defaults of the developer under the head of mental agony, along with the
12% interest.
13.Whether the compensation of 14 lacs be granted to the allottee due to the
RELIEF SOUGHT:
1. To refund the complete amount which has been deposited against the
on the amount from the deposit at the rate of 28% till the actual
18(1) RERA, 2016, Section 19(4) of The RERA, 2016, r/w Rule 16 and
Rules, 2017.
2. To direct the Opposite party to pay Rs. 20, 00,000 for causing mental
4. To direct the Opposite party to pay Rs. 8,00,000 under Section 12 of The
6. To direct the Opposite party to pay 5% of the total estimated cost of the
Act, 2016.
callous and indifferent attitude of the Opposite party and the same has
been handed over to the lawyer vide cheque bearing no. 365760 drawn
on ICICI Bank.
AMANDEEP KAUR
THROUGH
HIMANSHU RAJ
4
Chandigarh Office:-
EMAIL:LawOfficeOfHimanshuRaj@Gmail.Com
WEBSITE: www.ligamine.in
DATE:
PLACE: CHANDIGARH