Consumer Commission retains jurisdiction over complaints despite IBC proceedings, affirming consumer rights in property allotment without requiring a physical allotment letter.

ORDER

DR. INDER JIT SINGH, PRESIDING MEMBER

1. Second Appeals have been filed challenging the order dated 13.12.2024 of the State Commission in FA/271/2024 and FA/233/2024 vide which First Appeals filed by the appellant herein was dismissed and orders of the District Commission dated 31.05.2024 in CC/864/2021 and order dated 30.04.2024 in CC/832/2021 respectively were upheld. As the issues involved in both the Second Appeal are broadly similar, these have been taken up together. For the sake of convenience, SA/253/2025 has been taken as the lead case. Para 1 of the order of the District Commission in CC/864/2021 sums up the facts of the case and the same is reproduced below:

"1. Briefly stated the complainant booked a plot with OP No. 3 by making payment of Rs.2,70,000/- as booking amount. The complainant was allotted plot No. IH-2-plot-361 by OP No. 3. However, the complainant misplaced the allotment letter issued by OP No. 3. The basic sale price of the plot was Rs. 19,39,764/- inclusive of EDC. Thereafter the OP No. 3 went in insolvency before the National Law Tribunal Principal Bench New Delhi. Accordingly the complainant has filed claim of Rs. 2,70,000/- with interest of Rs. 86,449.32. The OPs sent emails dated 10.07.2021 and 14.07.2021 informing the complainant that as per the accepted resolution plan, the Opposite Parties have taken over the control of the projects and that development work has already been started by the OPs. Another email dated 23.07.2021 was received by the complainant wherein it was stated that to facilitate quick and convenient registration of the agreement of the unit of the complainant i.e. IH-2- PLOT -361 and intimated 1% registration fee and second instalment as Rs. 2,14,941/-. Thereafter vide email dated 11.10.2021, the complainant was asked to provide a copy of the allotment letter, receipts, bank statements and Form CA for physical verification. The complainant replied to the said email on dated 14.10.2021 informing the Ops that she has misplaced the file and that she can submit an affidavit to that effect. Vide email dated 15.10.2021, the complainant showed his willingness to make the payment of the installment amount as per the directions in email dated 23.07.2021. Also, vide email dated 16.10.2021, the complainant provided a copy of the demand draft to the Ops and requested the Ops to consider taking an affidavit regarcing the misplaced allotment letter to facilitate registration of the buyers agreement. Thereafter the complainant wrote another email dated 16.10.2021 requesting the registration of the buyer's agreement as per email dated 23.07.2021. But to the utter shock of the complainant, an email dated 21.10.2021 was received from the Ops wherein instead of the amount of Rs. Rs. 2,14,941/-, the complainant was asked to handover cheque/demand draft amounting to Rs. 11,31,041/- being 25% of the Basic Sale Price and 25% of the EDO. The complainant immediately objected to the said email and registered its protest to the amount mentioned therein. The Ops, instead of replying to the objection of the complainant with respect to the increase in the installment amount, wrote an email dated 25.10.2021 again calling upon the complainant to handover the installment amount at an enhanced rate. In another email received at 9.01 PM on 25.10.2021, the complainant was informed that as there was no allotment letter, therefore, allotment has now been made at request. The complainant immediately registered its objection and protest vide email dated 26.10.2021 and also sent legal notice dated 20.10.2021. It is alleged that the Ops are taking benefit of misplaced allotment letter by increasing the total price o