Back
SUBHASH CHANDRA, SADHNA SHANKER
Punjab Urban Planning and Development Authority (P. U. D. A) – Appellant
Versus
Surekha Singla – Respondent
ORDER
Dr. Sadhna Shanker, Member.—The present appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”) by Punjab Urban Planning & Development Authority, assailing the Order dated 05.11.2020 passed by the State Consumer Disputes Redressal Commission, Punjab (hereinafter referred to as the ‘State Commission’) in complaint No. 213 of 2020 whereby the complaint was allowed.
2. We have heard the learned counsel for the appellant (hereinafter referred to as the ‘development authority’) and learned counsel for the respondent (hereinafter referred to as the ‘complainant’) and have gone through the material available on record.
3. There is a delay of 60 days in filing the present appeal. In the interest of justice and considering the reasons mentioned in the application for condonation of delay, the delay in filing the appeal is condoned.
4. The facts, in brief, are that on 31.10.2012, the complainant applied for a plot measuring 400 sq. yds. under the “general” category and paid a sum of Rs.2,40,000/- as earnest money. On 15.01.2013, a draw of lots was held and the complainant was declared successful. Subsequently, on 26.02.2013, a Letter of Intent
Delay in allotment of flat – Deficiency in service – Failure to provide completion/occupation certificate by Development Authority.
(1) Possession - If the developer fails to deliver possession of the allotted plot/flat within the stipulated time, the allottee is under no obligation to accept an alternate plot.(2) Interest - When....
Allotment – Once an allotment letter is made its conditions prevail over the conditions mentioned in the earlier LoI.
1. Interest will be calculated after the period of assured possession has elapsed – from when cause of action has arisen2. Arbitration is not a bar to consumer complaint
Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.
(1) Development Authority - The development authority is a government authority and is required and expected to function in accordance with the prescribed administrative and financial rules, its acco....
Non-delivery of plot possession despite 75% payment, no agreement, and unilateral size reduction after 13 years constitutes deficiency in service and unfair trade practice; entitles refund with 9% in....
Refund rights of consumers upheld despite payment issues, highlighting supplier's persistent obligation to deliver services as contracted under consumer protection principles.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
