STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 09.03.2024 Reserved On : 11.07.2024 Date of decision : 09.08.2024 M/s TDI Infratech Ltd. (earlier known as M/s Taneja Developers and Infrastructure Limited), Registered Office: SCO 51-52, Sector 118, TDI City, SAS Nagar, Mohali, through its Director namely Ravinder Kumar Taneja.

….Appellant/OP Versus

1. Swaraj Singh Anand S/o Sardar Singh Anand;

2. Mrs. Satinder Anand W/o Swaraj Singh Anand;

Both residents of House No.267, TDI City, Sector 118, Mohali and now at C-115, Indira Nagar, Lucknow.

….Respondents/Complainants

2) First Appeal No.126 of 2024 Date of institution : 08.03.2024 Reserved On : 11.07.2024 Date of decision : 09.08.2024

1. Swaraj Singh Anand son of Sardar Singh Anand;

2. Mrs. Satinder Anand W/o Swaraj Singh Anand;

Both residents of House No.267, TDI City, Sector 118, Mohali and now at C-115, Indira Nagar, Lucknow.

Ph. No.99133-57909 Email:swarajsinghanand@gmail.com ….Appellants/Complainants Versus M/s Taneja Developers and Infrastructure Ltd., Registered Office: SCO 51-52, Sector 118, TDI City, SAS Nagar (Mohali), through its MD/Director namely Ravinder Kumar Taneja.

Ph. No.8558807770 Email: customersupport@tdigroup.net ….Respondent/OP First Appeals under Section 41 of the Consumer Protection Act, 2019 against the order dated 27.10.2023 passed by the District Consumer Disputes Redressal Commission, Sahibzada Ajit Singh Nagar (Mohali).

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No Present (FA No.131 of 2024):-

For the Appellant : Sh. Puneet Tuli, Advocate For the Respondents : Sh. Swaraj Singh Anand, in Person.

JUSTICE DAYA CHAUDHARY, PRESIDENT This order of ours shall dispose off two Appeals i.e. First Appeal No.131 of 2024 and First Appeal No.126 of 2024, as the same have been filed against the same order dated 27.10.2023 passed by the District Consumer Disputes Redressal Commission, S.A.S. Nagar (Mohali) (in short, “the District Commission”). However, the facts are being extracted from First Appeal No.131 of 2024

2. First Appeal No.131 of 2024 has been filed by the Appellant/OP under Section 41 of the Consumer Protection Act, 2019 for setting aside the order dated 27.10.2023 passed by the District Commission, S.A.S. Nagar (Mohali) whereby the Complaint filed by the Complainants was partly allowed by issuing directions to the OP to pay compensation of 5 lac for not providing the promised facilities ₹

along with interest at the rate of 9% per annum from the date of filing of the Complaint i.e. 10.09.2020 within a period of 30 days from the date of receipt of the free certified copy of the order, failing which the OP was directed to pay interest at the rate of 12% per annum on the said amount till its realization. Further, an amount of 75,000/- was ₹

awarded as compensation for causing mental agony and harassment to the Complainant and 25,000/- towards litigation expenses.

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

4. Briefly, the facts of the case as made out by the Respondents/Complainants in the Complaint filed by them before the District Commission are that they were allotted plot No.267 measuring 276.67 sq.yds. at TDI City, Sector 118, S.A.S. Nagar, Mohali by the OP vide allotment letter dated 20.09.2011. The Sale Deed of said plot was executed on 28.05.2012. However, on the asking of the OP, the Maintenance Agreement was executed between the Complainants and M/s TDI Facility & Maintenance on 21.09.2011. As per the Sale agreement entered into between the parties, the OP was to provide 40 feet wide road and there was also provision of a park in front of the plot of the Complainants, as the said area was declared as ‘Green Be