BEFORE THE COMPETENT AUTHORITY

GREATER MOHALI AREA DEVELOPMENT AUTHORITY AT

MOHALI, PUNJAB

PETITION NO_________OF 2020

… COMPLAINANTS

1. GURINDERJIT SINGH, S/O LT.S. BALWANT SINGH, R/O #649,

PHASE II, URBAN ESTATE, PATIALA, PUNJAB

VERSUS

1. MANOHAR INFRASTRUCTURE & CONSTRUCTIONS VT.LTD,

THROUGH IT’S MANAGING DIRECTORS

…. RESPONDENTS

INDEX

Sr PARTICULARS DATE PAGE

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

CHANGE OF PLOT SIZE C-4

13 ALLOTMENT LETTER C-5
14 PHOTOGRAPHS C-6
15 BUYER’S AGREEMENT C-7
16 JUDGEMENT C-8
17 BROCHURE C-9
18 LAYOUT PLAN C-10
19 DEMAND NOTICE C-11
20 LIST OF CASES C-12
21 POWER OF ATTORNEY

AMANDEEP KAUR

THROUGH

HIMANSHU RAJ
4

ANSHU CHAUDHARY, SAPNA RANDHAWA

NEHA DOGRA, VANSHIKA MITTAL & GURJANT SINGH CHEEMA

Ligamine, Solicitors & Consultants

 (A Unit of Law Office of Himanshu Raj)

Advocates & Legal Consultants

Chandigarh Office:-

#102, SECTOR 10 A, CHANDIGARH-160011, India

Mobile (I):- +91-99882-00001, Mobile (II):- +91-86220-00001

Helpline (I):- +91-99881-00005, Helpline (II):- +91-72931-00009

Landline (I):- +91-172-4181010, Landline (II):- +91-172-4190909

EMAIL:LawOfficeOfHimanshuRaj@Gmail.Com

WEBSITE: www.ligamine.in

DATE:

PLACE: CHANDIGARH

SYNOPSIS

That the present complaint is being filed before the GREATER MOHALI

AREA DEVELOPMENT AUTHORITY (herein referred to as “Authority”) to

showcase the violations and contraventions of the provisions of PUNJAB

APARTMENT AND PROPERTY REGULATION ACT, 1995, committed by

the MANOHAR INFRASTRUCTURE & CONSTRUCTIONS PVT. LTD.

(herein referred to as the “respondent”) in its project “THE PALM” (herein

referred to as the “project”) situated in Sector 4E, Mullanpur, New Chandigarh

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

20.09.2017. That the respondents charged exorbitant maintenance costs even

without completing the amenities as specified in the brochure. The respondents

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

well as the hard earned money of the complainant is in serious jeopardy.

Therefore, through this complaint, the complainants humbly prays to the

Hon’ble Authority to take stringent action against the contraventions and

violations committed by the respondents and appropriate penalty as well as fine

must be imposed on the respondents.

HENCE, THE PRESENT PETITION.

AMANDEEP KAUR

THROUGH

HIMANSHU RAJ
4

ANSHU CHAUDHARY, SAPNA RANDHAWA

 NEHA DOGRA, VANSHIKA MITTAL & GURJANT SINGH CHEEMA

Ligamine, Solicitors & Consultants

(A Unit of Law Office of Himanshu Raj)

Advocates & Legal Consultants

Chandigarh Office:-

#102, SECTOR 10 A, CHANDIGARH-160011, India

Mobile (I):- +91-99882-00001, Mobile (II):- +91-86220-00001

Helpline (I):- +91-99881-00005, Helpline (II):- +91-72931-00009

Landline (I):- +91-172-4181010, Landline (II):- +91-172-4190909

EMAIL:LawOfficeOfHimanshuRaj@Gmail.Com

WEBSITE: www.ligamine.in

DATE:

PLACE: CHANDIGARH
 BEFORE THE GREATER MOHALI AREA DEVELOPMENT

AUTHORITYAT MOHALI, PUNJAB

PETITION NO___________OF 2020

GURINDERJIT SINGH, S/O LT.S. BALWANT SINGH, R/O #649, PHASE II,

URBAN ESTATE, PATIALA, PUNJAB

…..COMPLAINANTS

Versus

MANOHAR INFRASTRUCTURE &CONSTRUCTIONS VT.LTD,

THROUGH IT’S MANAGING DIRECTORS

……..RESPONDENTS
 RESPECTFULLY SHOWETH:

1. That the complainants are the residents of India and are aggrieved because of

the violations and contraventions committed by MANOHAR

INFRASTRUCTURE &CONSTRUCTIONS PVT. LTD. (herein referred to as

the “respondent”) in its project “THE PALM” (herein referred to as the

“project”) situated in SECTOR 4E, MULLANPUR, NEW CHANDIGARH,

PUNJAB. Aadhaar Cards are annexed as ANNEXURE C-1.

2. That the respondent no.1 is a private limited company having its office at

address mentioned above. The respondents, as part of their business venture,

engaged in the business of developing and promoting residential space “THE

PALM” in lieu of valuable considerations for profit being their primary

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 when required by the respondent. The booking registration is annexed as

and the payment receipts are annexed as ANNEXURE C-3. That the

respondent has executed the Apartment Buyer Agreement with the

complainants on 20.09.2017 in which the respondent has assured to give the

possession within 24 months of the date of executing agreement i.e.23-11-2017.

The Apartment Buyer Agreement is annexed as ANNEXURE C-7.

4. That the respondent has failed to deliver possession within the stipulated period

and despite several requests to know the status of the project, the respondent

failed to communicate to the complainants about the progress of the possession

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

of the Hon’ble Authority the mentioned section is reproduced hereunder:

“3.(1) Notwithstanding anything in any other law for the time being in force, a

promoter, who develops a colony or who constructs or intends to

construct a building of apartments, shall, in all transactions with person

taking or intending to take a plot or an apartment on ownership basis,

be liable to give or produce, or cause to be given or produced, the

information and the documents mentioned hereinafter in this section.

(2) A promoter who develops a colony or who constructs or intends to

construct such building of apartments shall-

(a) make full and true disclosure of the nature of his title to the land on

which such colony is developed or such building is constructed, such title

to the land having been duly certified by an attorney-at-law or an

advocate of not less than seven years standing, after he has examined

the transactions concerning it in the previous thirty years ; and if the

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;

(c) given inspection on seven days, notice or demand-

(i) of the layout of the colony and plan of development works to be

executed in a colony as approved by the prescribed authority in the

case of a colony; and

(ii) of the plan and specifications of the building built or to be built on

the land as well as of the common areas and facilities and common

services provided (including supply of electricity and water, sewerage

and drainage systems, lifts , fire-fighting equipment), such plans and

specifications being in accordance with the provisions of the building

regulations, and approved by the authority which is required so to do

under any law for the time being in force, indicating thereon what

parts of the building and the appurtenant areas are intended to be

kept as common areas and facilities in the case of apartments :

Provided that the number and size of the apartments shall conform to

such building regulations, and the area of an apartment shall not exceed

such limit as may be fixed by the competent authority;

(d) display or keep all the documents, plans and specifications or

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

persons taking or intending to take a plot or an apartment and after the

association is formed, he shall furnish the association a copy of these

documents and of the sanctioned plan of the building;

(e) disclose the nature of fixtures, fittings and amenities, including the

provision for one or more lifts, provided or to be provided;

(f) disclose on reasonable notice or demand, if the promoter is himself

the builder, the prescribed particulars as respects the design and the

materials to be used in construction, and, if the promoter is not himself

the builder, disclose all agreements entered into by him with the

architects and contractors regarding the design, materials and

construction of the building;

(g) specify, in writing, the date by which possession of the plot or

apartment is to be handed over and he shall hand over such possession

accordingly;

(h) except where there are no agreements about specific plots or

apartments and allotment is made by draw of lots, prepare and maintain

a list of plots or apartments with their numbers, the names and

addresses of the parties who have taken or agreed to take plots or

apartments, the price charged or agreed to be charged therefore, and

 the terms and conditions, if any, on which the plots or apartments are

taken or agreed to be taken; Provided that the competent authority may

direct that-

(i) in the case of residential apartments, if the total number of

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

reserved for being sold or leases to such person belonging to such

economically weaker section of society, in such manner and on such

terms and conditions as may be prescribed;

(i) state in writing, the precise nature of and the terms and conditions

governing the association to be constituted of persons who have taken or

are to take the apartments;

(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

occupation certificate is obtained;

(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,

revenue assessment, interest on mortgages or other encumbrances, if

any; (l) give the estimated cost of the building and the apartments

proposes to be constructed, or colony to be developed, and the manner in

 which escalation in such cost for valid reasons may be approved by

mutual agreement;

(m) make a full and true disclosure of such other information and documents

in such manner as may be prescribed; and

(n) give on demand and on payment of reasonable charges true copies of

such of the documents referred to in any of the clauses of this sub-section

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

disclosed to the complainants. That it is pertinent to mention here that the

information/approvals demanded by the complainants were never disclosed, as

the respondent never had the said approvals from the competent authority. That

despite several emails and reminder letter to the respondents annexed as ,

to know the progress of the possession, the respondent failed to inform

regarding the same.

6. That due to the delayed possession, the complainants kept on paying a

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

complainants. That it is pertinent to mention here that the respondent demanded

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

complainant’s name and charging exorbitant maintenance costs. That even

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

project without handing over the possession as stipulated.

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

photographs. The photographs as well as the newspaper are annexed as

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

payments made is annexed as ANNEXURE C-3.

9. That it is pertinent to mention here that after as per SECTION 6.1 of the Punjab

Apartment And Property Regulation Act, 1995 it is stated that,

“Notwithstanding anything contained in any other law for the time being in

force, a promoter who intends to construct or constructs a building of

apartments, all or some of which are to be taken or are taken on ownership

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

prescribed form together with prescribed documents and shall be registered

under the Registration Act, 1908 (Central Act no. 16 of 1908) ;

Provided that, if only a refundable application fee is collected from the

applicant before draw of lots for allotment, such agreement will be required

only after such draw of lots.”

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

allotted by the respondent to the complainants. That it is pertinent to mention

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,

“The promoter shall maintain a separate account in any scheduled bank of

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

formation of a co-operative society or a company, or towards the outgoings

(including ground rent, if any, municipal or other local taxes. charges for water

or electricity, revenue assessment, interest on mortgages or other

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

purposes including for the construction of apartments and, in the case of

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

purpose the amounts so collected for a particular purpose”

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

the amenities which are specified in the brochure.

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

complainants have been suffering mentally, financially, and physically due to

such hardships caused to them because of the acts of the respondents. The

respondent kept on violating the provisions of the PUNJAB APARTMENT &

PROPERTY REGULATION ACT, 1995, till date and no compliance has been

shown by the respondent towards the provisions of PAPRA, 1995.

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

Authority against the respondents.

HENCE, THE PRESENT PETITION.

AMANDEEP KAUR

THROUGH

HIMANSHU RAJ
4

ANSHU CHAUDHARY, SAPNA RANDHAWA

NEHA DOGRA, VANSHIKA MITTAL & GURJANT SINGH CHEEMA

Ligamine, Solicitors & Consultants

(A Unit of Law Office of Himanshu Raj)

Advocates & Legal Consultants

 Chandigarh Office:-

#102, SECTOR 10 A, CHANDIGARH-160011, India

Mobile (I):- +91-99882-00001, Mobile (II):- +91-86220-00001

Helpline (I):- +91-99881-00005, Helpline (II):- +91-72931-00009

Landline (I):- +91-172-4181010, Landline (II):- +91-172-4190909

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

concerned authority before initiating the project and is still having

necessary clearances.

2. Whether the developer is presently in a position to deliver the actual

physical possession of the property, as on today i.e. the date of filing of

the present complaint.

3. Whether the title of the land is defective on which the project is being

developed.

4. Whether the developer failed to complete the project in a stipulated time

of 24 months from the date of purchase/allotment of the plot.

5. Whether there was more demand for money from the complaint against

the property even when the developer knew that no Buyer Agreement has

been executed between the parties.

6. Whether there was any deliberate misrepresentation by the developer in

regards to the project.

7. Whether developer knew beforehand that he wouldn’t be able to finish

the project on reasonable time.

8. Whether the developer has diverted and routed all the funds and resources

to another project illegally and with malafide intentions, especially in the

light of not submitting the relevant record to the concerned authority.

9. Whether the developer’s action is justified for not even laying a single

brick for the construction of amenities and facilities as stated in the OP

brochure, even after a gap of more than 5 years from the date of the

purchase.

10.Whether the developer failed to discharge in any other obligation

imposed on him under this act or the rules or regulation made hereunder.

11.Whether the OP is legally bound to refund the complaints the entire

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.

12.Whether the compensation of 20 lacs be granted to the allottee due to the

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

defaults of the developer under the head of physical harassment, along

with 12% interest.

RELIEF SOUGHT:

1. To refund the complete amount which has been deposited against the

residential property so booked by the complainant along with an Interest

on the amount from the deposit at the rate of 28% till the actual

realization of the complete amount within 90 days according to Section

18(1) RERA, 2016, Section 19(4) of The RERA, 2016, r/w Rule 16 and

Rule 17 of Punjab State Real Estate (Regulation and Development)

Rules, 2017.

2. To direct the Opposite party to pay Rs. 20, 00,000 for causing mental

agony caused to the complainant.

3. To direct the Opposite party to pay Rs. 14,00,000 to the complainant as

the deficiency in services for keeping the complainant in dark in regard to

the progress of the property.

4. To direct the Opposite party to pay Rs. 8,00,000 under Section 12 of The

Real Estate (Regulation and Development) Act, 2016.

 5. To direct the Opposite party to pay Rs. 14, 00,000 for causing physical

harassment caused to the complainant.

6. To direct the Opposite party to pay 5% of the total estimated cost of the

project under Section 61 of Real Estate (Regulation and Development)

Act, 2016.

7. To direct the Opposite party to reimburse litigation cost of Rs. 99,999 to

the complainant as he was constrained to file the same because of the

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.

8. To accept the relief as stated in interim application.

AMANDEEP KAUR

THROUGH

HIMANSHU RAJ
4

ANSHU CHAUDHARY, SAPNA RANDHAWA

NEHA DOGRA, VANSHIKA MITTAL & GURJANT SINGH CHEEMA

 Ligamine, Solicitors & Consultants

(A Unit of Law Office of Himanshu Raj)

Advocates & Legal Consultants

Chandigarh Office:-

#102, SECTOR 10 A, CHANDIGARH-160011, India

Mobile (I):- +91-99882-00001, Mobile (II):- +91-86220-00001

Helpline (I):- +91-99881-00005, Helpline (II):- +91-72931-00009

Landline (I):- +91-172-4181010, Landline (II):- +91-172-4190909

EMAIL:LawOfficeOfHimanshuRaj@Gmail.Com

WEBSITE: www.ligamine.in

DATE:

PLACE: CHANDIGARH