Panel orders probe into plots sold by builder in Mullanpur sans govt nod

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, August 13

While ordering an inquiry into selling plots and collecting money from buyers without requisite permission from the government, the State Consumer Disputes Redressal Commission, Chandigarh, has restrained M/s Manohar Infrastructure and Constructions Pvt Ltd from transferring, alienating or creating third party interests in the project/properties at its Mullanpur project in favour of any person in any manner, except without prior permission of the commission till the disposal of inquiry.

The commission has directed the Income Tax Commissioner, Chief Town Planner, Punjab, and Chief Administrator, PUDA, Punjab, SAS Nagar, Mohali, to find out how much amount has been collected by the builder from prospective buyers in respect of the project starting from 2011 till January 25, 2017.

The commission has pronounced the order on complaints by consumers. The complainants approached the commission after the builder failed to deliver the possession of the plot in their project named ‘Palm Garden’, Mullanpur, New Chandigarh, Mohali.

They have alleged the possession has not been offered despite the fact they paid substantial amount against total sale consideration of the plots for the period from October 30, 2011, to March 3, 2015. They said they booked the plot in 2011, but neither the agreement has been executed nor possession has been delivered till the date of the filing of complaints. It was promised to be delivered in two years.

The complainants also alleged that the project has been launched in the absence of necessary approvals/sanctions from the competent authorities i.e. in complete violation of Punjab Apartment and Property Regulation Act 1995 (PAPR Act) and other relevant rules and regulations applicable to the project.

However, the builder denied the allegations on various grounds. The builder argued that it would not make any difference regarding the title of plots/flat(s), if the project was approved later on, as all irregularities stood compounded when notification exempting the provisions of PAPR Act was issued in favour of the company on January 25, 2017.

While directing the builder to refund the amount to consumers, the commission also took note of the money collected by the builder before the permission was granted.

The commission noted that the records show that the opposite parties have collected Rs4,22,90,88,666 from prospective buyers till July 31, 2017, but their names have not been disclosed before the commission. The commission noted that the opposite party violated conditions and collected the said amount from allottees. “In the peculiar circumstances of this case, the commission is of the view that for protection of the interests and rights of the consumers, an inquiry is required to be conducted in the matter,” states the order.

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