The main legal point established is that a complaint under the Consumer Protection Act is not maintainable if the complainants have already sold the property and did not avail of the remedy under the Act during their ownership.

Mr. Justice M.R. Agnihotri, President— This complaint has been filed by one Mohan Lal and 9 others, all residents of Shop-cum-Flat No. 15, Sector 19-C, Chandigarh claiming a sum of Rs. 7,90,846/- alongwith litigation expenses of Rs. 10,000/ -, by way of compensation for the loss suffered by the complainants on account of negligent and deficient service provided by the opposite party i.e. Haryanba Urban Development Authority. According to the complainants, they had purchased (two Bays) shop-cum-Office Flat bearing No. 12, Sector 5, Panckhkula for Rs. 9.05 Lacs on 19th of August 1986 by allotment letter issued by the opposite party. It is further alleged that the complainant had deposited a sum of Rs. 1,30,000/- on the spot and another sum of Rs. 96,250/- But despite that the basic and essential facilities like water supply, sewerage etc. were not provided. Feeling distressed by the non-development of the area, the complainants ultimately abandoned the site and entered into an agreement to sell the same in distress for Rs. 10 lacs. It was on that basis that the complainants have claimed compensation from the Haryana Urban Development Authority.

2. After scrutiny of the complaint and having heard the learned Counsel for the complainants, we are of the considered view that there is no subsisting right or claim with the complainants which can be considered and ultimately adjudicated upon under the Consumer Protection Act. Now since the complainants have already sold away the site the question of any deficient service rendered to them by HUDA does not arise. For about 10 years, i.e. right from 1986 when the site was allotted to the complainants till its disposal, the complainants did not avail of the remedy under the Consumer Protection Act. Now after its sale it is for the purchaser of the site to whom the complainants have sold it away to see whether any such remedy has to be availed by him or not. The complaint as such, therefore, is not maintainable and the same is dismissed being without any merit.

Complaint dismissed.