ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 09.11.2022 Date of Reserve : 17.02.2025 Date of Decision : 05.03.2025 Estate Officer (wrong mentioned as Executive Officer) Amritsar Development Authority, PUDA Bhawan, Green Avenue, Amritsar.

….Appellant/Opposite Party No.1 Versus

1. Som Raj S/o Sh.Parkash Chand R/o VPO Taragarh, Tehsil and District Pathankot.

….Respondent/Complainant

2. Additional Chief Secretary, Development of Housing, Urban Development, Chandigarh.

3. SDO, The Gurdaspur Improvement Trust, Gurdaspur, Jawahar Enclave, Jail Road, Gurdaspur.

….Proforma Respondents/opposite parties No.2 & 3 First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 01.08.2022 of the District Consumer Disputes Redressal Commission, Hoshiarpur.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Present:-

For the appellant : Sh.Ashish Grover, Advocate For respondent No.1 : Sh.R.S.Thakur, Advocate For respondents No.2&3: Service dispensed with vide order dated 11.11.2022.

HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellant/opposite party No.1– E.O. Amritsar Development Authority against the order dated 01.08.2022 passed by District Consumer Disputes Redressal Commission, Hoshiarpur (in short ‘District Commission’), whereby the complaint filed by the complainant under the Consumer Protection Act (in short ‘the Act’) was partly allowed by passing the following order:

“11. In the light of the all above, we partly allow the present complaint and thus ORDER the OP1 ADA Office i) to withdraw/ set-aside the Cancellation of the NDC and to execute transfer of the allotted plot through registered Sale Deed in favour of the complainant sans any additional cost/ expenses to him within 45 days of receipt of the certified copy of these orders besides to pay him Rs.10,000/- as lump-sum amount of compensation for the financial loss as well as for having suffered other hardships etc., along with Rs.5,000/- as cost of litigation; all payable within 45 days of receipt of the copy of these orders, otherwise the aggregate award amount of Rs.15,000/- shall attract interest @9% PA from the date of the present orders till actually paid.”

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

2. Briefly stated facts of the complaint are that the complainant was allotted a plot No.477, measuring about 191.36 sq. yards situated at Urban Estate Gurdaspur by the opposite parties, vide memo No.EO-PUDA-ASR-2011/5675 dated 10.08.2011. The tentative price of the plot was fixed as Rs.11,48,160/-. The payment schedule was mentioned in letter No.5675 dated 10.08.2011, as per which the complainant had to pay Rs.2,87,040/- i.e. 10% before the allotment and 15% was to be paid after the allotment, which was paid by the complainant as per the terms and conditions mentioned in the allotment letter. The complainant paid Rs.1,72,224/- on 19.09.2011 against receipt No.24. However, due to some domestic problems, the complainant could not deposit 2-3 installments within the stipulated period but the same was deposited with the penalty. Another installment of Rs.7,55,066/- was deposited by the complainant against receipt No.3383 dated 15.05.2017 and then deposited Rs.9210/-, vide demand draft No.145415 on 16.05.2017 towards the full and final payment. Thereafter, the Sanction Area Officer, Amritsar issued ‘No Dues Certificate’ vide memo No.7405 dated 31.05.2017. Accordingly, the complainant purchased E-Stamp Duty of Rs.1,03,335/- on 11.07.2017 and on 13.07.2017 and submitted all the documents for sale deed. Vide letter dated 29.08.2017, the opposite party informed that two receipts have not been found in the file and to reconcile the payment they asked to provide the account statement, which were handed over by the complainant to the opposite parti