JUDGMENT

Daya Chaudhary, President.—The complainant-Manjit Kaur has approached this Commission by way of filing the consumer complaint No.690 of 2019, under Section 17 (1)(a)(i) of the Consumer Protection Act, 1986 (in short the “Act”) against the opposite party (in short “OP”) with the grievance that her husband namely Boor Singh applied for Class-III employee flat vide application form No.6103. He was allotted Class-II employee flat of tentative price of Rs.20.18 lacs vide allotment letter dated 08.07.2010. The said complaint was filed by the complainant after the death of her husband. As per the terms and conditions of the allotment letter an amount of Rs.12,12,000/- was paid to the OP by the husband of the complainant. The status of completion of project or handing over the physical possession was never informed. The possession thereof was to be handed over within a reasonable period of 2-3 years, but latest by 2012-13. The possession of the flat was not given to the husband of the complainant during the specified period. A letter dated 28.10.2014 was received by the husband of the complainant wherein it was mentioned that as per draw of lots held on 30.06.2014, the husband of the complainant was allotted flat No.601 at 1st Floor, Block No.6, Category I and price of said flat was also mentioned to be Rs.33.10 lacs. It has further been mentioned in the complaint that there was delay of more than five years in handing over the possession of the flat and price of the flat was also increased arbitrarily. A condition was also mentioned in the letter that the complainant was to pay the balance amount of Rs.21,46,226/- within a period of four months, failing which allotment was to be cancelled and earnest money would be forfeited.

2. The grievance of the complainant was that the price of the flat at the time of booking was only tentative i.e. Rs.20.18 lacs but after a gap of five years, the amount was increased/enhanced to Rs.33.10 lacs which was beyond the capacity of allottee. A further grievance was also there that the OP did not execute any agreement with the allottee, whereas an amount of Rs.12.12 lacs was collected. The complainant visited the OP on various occasions but no fruitful result came out. The request of the complainant was never considered. The prayer was made in the complaint to issue directions to the OPs to deliver physical possession of the flat in dispute along with completion certificate, occupation certificate, fire safety certificate, removal of high tension electricity wires passing through the said project in time bound manner and to pay interest @12% p.a. from the date of respective deposits till delivery of physical possession of the flat. A further/alternative prayer was also made for refund of amount of Rs.12,12,000/- alongwith interest @12% per annum from the date of payment till actual realization. The complainant has also requested to pay a compensation of Rs.2,00,000/- for causing mental, physical harassment and monetary loss and to pay an amount of Rs.55,000/- as litigation expenses.

3. In response to notice issued to the OP reply has been filed and thereafter both the parties have submitted their written submissions which are part of record.

4. Learned counsel for the complainant submits that the allotment letter was issued much earlier i.e. on 08.07.2010 and an amount of Rs.12,12,000/- was paid to OP. The OP never informed the status of completion of the project including the actual date of handing over of possession. Even the final price of the flat was never conveyed at any point of time. The OP was duty bound to give possession of said premises within a period of 2/3 years but latest by 2012-13. Learned counsel further submits that the draw of lots was held on 13.06.2014 and Flat No.601 at 1st Floor, Block No.6, Category-I was allotted with the final price of Rs.33.10 lacs. The action