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2025 Supreme(Online)(P&H) 16396

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GREATER LUDHIANA AREA DEVELOPMENT AUTHORITY GLADA – Appellant
Versus
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 17.09.2025 Greater Ludhiana Area Development Authority (GLADA) and another ..... Petitioners VERSUS National Consumer Disputes Redressal Commission and others ..... Respondents CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL HON’BLE MR. JUSTICE DEEPINDER SINGH NALWA Present: Mr. D.V. Sharma, Senior Advocate with Ms. Shivani Sharma, Advocate, for the petitioners.

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DEEPINDER SINGH NALWA, J.

1. In the present writ petition, the petitioners (GLADA) have challenged the order dated 07.11.2024 (Annexure P-1) passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the ‘NCDRC’) in First Appeal No.2171 of 2018 and the order dated 01.06.2018 (Annexure P-2) passed by the State Consumer Disputes Redressal Commission, Punjab, (hereinafter referred to as the ‘SCDRC’) in Consumer Complaint No.883 of 2017, whereby, the complaint filed by respondent No.3-complainant was partly allowed and was held entitled for grant of refund of deposited amount and transfer fee along with interest and compensation.

2. Brief facts of the case are that the petitioners-Greater Ludhiana Area Development Authority (hereinafter referred to as the ‘GLADA’) advertised a Scheme in the year 2012 for the purpose of allotment of 601 residential plots at Sugar Mill Site, Jagraon. Pursuant to abovesaid Scheme, Mrs. Kanta wife of Sh. Gulshan Kumar applied for allotment of one plot measuring 500 sq. yard for a total tentative price of Rs.42,50,000/-. Being successful in the draw of lots held on 10.01.2013, Letter of Intent dated 28.02.2013 was issued by the petitioners (GLADA) in respect of the plot bearing No.3 in the abovesaid Scheme, after receiving 25% amount of total tentative price of the plot i.e. Rs.10,62,500/-. Allotment letter dated 29.08.2015 was also issued to Mrs. Kanta. Respondent No.3-complainant purchased the abovesaid plot from Mrs. Kanta (original allottee) by way of transfer with the prior permission of the petitioners (GLADA). Re-allotment letter was issued in favour of respondent No.3-complainant on 21.12.2015 in respect of the said plot with a condition that respondent No.3-complainant would abide by all the conditions of allotment letter, Punjab Urban Estate (Development & Regulations) Act, 1964, Regional and Town Planning and Development Act, 1955 and the Rules/ Regulations framed therein. Respondent No.3- complainant paid an amount of Rs.9,13,750/- to the petitioners (GLADA) on 01.09.2016. He again paid a sum of Rs.10,00,000/- to the petitioners (GLADA) on 22.12.2016 and thereafter, was continuously paying the installments on time without any default. Respondent No.3-complainant in all, had paid a sum of Rs.29,76,250/- towards the price of plot in question. The plot in question was to be handed over to the allottee within 90 days from the date of issuance of allotment letter, however, the same had not been delivered to respondent No.3-complainant even after expiry of two years. Respondent No.3-complainant approached the petitioners (GLADA) several times for requesting to hand over the due possession of the plot but the petitioners (GLADA) failed to do so.

3. Aggrieved against the action of the petitioners (GLADA) in not handing over the possession of the plot in question to respondent No.3-complainant, a complaint was filed by respondent No.3-complainant under Section 17(1)(a)(i) of the Consumer Protection Act, 1986 (hereinafter referred as ‘the CP Act’) before respondent No.2 wherein, direction was sought for refund of the amount of Rs.29,76,250/- deposited by respondent No.3-complainant against the price of the plot along with interest @ 12% per annum. It was also prayed in the abovesaid complaint for a direction to the petitioners (GLADA) to refund an amount of Rs.1,08,750/- deposited by respondent No.3-complainant as transfer fee along with the interest @ 12% per annum. Apart from this, it was further prayed for an amount of Rs.7,00

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