ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, DAKSHIN MARG, SECTOR 37-A CHANDIGARH.

Consumer Complaint No.21 of 2023 Date of institution : 13.04.2023 Date of Reserve : 02.05.2025 Date of decision : 27.05.2025 Virender Kumar Chauhan aged about 60 years, S/o Late Sh. Lakhi Singh Chauhan, R/o A-7, Rose Apartments, Sector-14, Rohini, Delhi-110085.

….Complainant Versus

1. PUDA (Punjab Urban Planning and Development Authority)

PUDA Bhawan, Sector 62, SAS Nagar, Mohali through its Estate Officer, Email:office@puda.gov.in

2. Estate Officer of PUDA, (Punjab Urban Planning and Development Authority) PUDA Bhawan, Sector 62, SAS Nagar, Mohali. Email: eorti@puda.gov.in

3. Chief Administrator of PUDA, (Punjab Urban Planning and Development Authority), PUDA Bhawan, Sector 62, SAS Nagar, Mohali Email: ca@puda.gov.in .…Opposite Parties Consumer Complaint under Section 47 of the Consumer Protection Act, 2019.

Quorum:-

Mr. H.P.S. Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Argued By:

For the complainant : Sh. Sanjeev Maini, Advocate For the opposite parties : Sh. Ashish Grover, Advocate KIRAN SIBAL, MEMBER:

The complainant has filed this complaint, under Section 47 of the Consumer Protection Act, 2019 (in short, “the Act”), against the opposite parties (in short the OPs), seeking following directions:

(a) To handover the legal and valid possession of plot No.617 in project namely Gateway City, Sector-119, Mohali, with complete development of project along with all promised amenities and completion and occupation certificate from competent authority and clear certificates from departments like fire department etc.

(b) To pay sum of Rs.71,19,046/- ( tentative amount i.e.

interest @12% in the shape of compensation on Rs.1,55,60,758/- (entire sale consideration paid by complainant for purchase of plot (from promised date of delivery i.e. 18. Months from date of allotment i.e. 23.02.2018 till date of actual delivery of legal and valid possession).

(c) To pay sum of Rs.5,00,000/- for unnecessary harassment and mental tension, physical and financial loss.

(d) And to pay sum of Rs.1,00,000/- on account of litigation expenses.

(e) Furthermore, OPs to count and calculate the period of

3 years for the purpose of raising construction from actual date when possession of allotted plot with complete development in the project along with all promised amenities and along with completion and occupation certificate from the competent authority and clearance certificates from all departments and all approvals and permission.

(f) To refund all the interests and penalties charges by them and plaid by complainant along with interest.

(g) Any other order or directions, which may deem fit or proper.

2. Brief facts, as set out in the complaint, are that the complainant is owner of plot No.617, park facing, at sector 118/119, Gateway City, Mohali Measuing 500 Sq. yards, which has been allotted vide letter dated 22.08.2016. However, the said plot was not park facing in reality and it has no passage to road. The OPs assured the complainant that the possession of the plot would be delivered on the stipulated time as stated in the brochure. The complainant has further stated that he made a total payment of Rs.1,55,60,758/- towards full and final amount of park facing plot in question but even after delay of 61 months from the assured date of possession, the same was not even approachable. As on date, there is no complete construction of roads, water supply, electricity supply, drainage, no development of parks, market and community center. Even there is no entry to the project from the site as projected and there is only backdoor entry through TDI Developers. Further the OPs without having ownership of the complete land of project, not only advertised the project but also carved out the plots, allotted the same to general public and also executed conveyance deed of various plots. In fact, more than 100 plots including the plot of the complainant are in ‘Pa