ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of Institution : 14.03.2022 Reserved on : 30.07.2024 Date of Decision : 21.08.2024 Mrs. Renu Sinha, W/o Sanjay Kumar Sinha, R/o Flat No.195 Tower E Bollywood Heights-2, Peer Muchhalla, Zirakpur, District S.A.S.

Nagar, Mohali, Punjab.

….Complainant Versus Allwin Infrastructure Limited, having its registered office at Plot 361, Phase-2, Industrial Area, Panchkula, Haryana.

Email: info@allwininfra.com .....Opposite Party Complaint U/s 47 of the Consumer Protection Act, 2019.

Quorum:-

Mr. H.P.S. Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Present:-

For the complainant : Ms. Chhavi Bhudiraja, Advocate For opposite party : Sh. Munish Goel, Advocate KIRAN SIBAL, MEMBER:-

The Complainant has filed the present complaint under Section 47 of the Consumer Protection Act, 2019 (in short, “the Act”)

for issuance of following directions to the Opposite party:- i) to revoke & withdraw the letter of cancellation of the allotted apartment;

ii) to accept the payment of Rs.33,45,227/- as mentioned in the demand notice dated 01.12.2021;

iii) to not to levy any further interest or penalty on the due amounts after 31.12.2021, since the deponent had remitted the full amount of Rs.33,45,227/- on

31.12.2021, which was returned by the respondent arbitrarily;

iv) to issue copies of all the required approvals, NOC, documents required for sanction/disbursal of Housing loan to the complainant by his Bank, besides granting ‘Permission to Mortgage’ the allotted Flat &/or to execute ‘Tripartite Agreement’, as per the requirements of the Bank for Sanction/Disbursal of the Housing Loan to the deponent;

v) to award compensation to the tune of Rs.20,00,000/- to the deponent, since the unethical, illegal, unprofessional & unfair acts on the part of Respondent has caused harassment, great mental pain & agony, besides affecting academic career of the son of the deponent;

vi) to award Rs.1,10,000/- as litigation expenses in the interest of justice and equity, since the deponent has been forced by the acts of Respondent, to resort to the process of law to seek redressal of his grievances.

vii) Any other relief which may deem fit.

2. Brief facts as stated in the complaint are that the OP announced a residential project “El Espazia” bearing RERA Registration No.PBRERA-SAS79- PR0526, situated at Airport Road Zirakpur, District Mohali. The complainant evinced interest in the said residential project for their own residential requirement and paid the initial booking amount in four installments. The complainant paid total sum of Rs.41,28,310/- as initial booking amount from 14.04.2019 to 02.02.2021. Thereafter, allotment letter dated 20.02.2021 was issued by the OP to the complainant for Apartment No.D-1003, Block-A, Tower D, 10^th Floor having carpet area of 2267.38 sq. ft.(approx). On 20.02.2021, an agreement to sell was also executed between the parties, wherein numerous terms and conditions regarding the payment of the rest of amount along with the possession and maintenance etc. were mentioned. The complainant opted for the Construction Linked payment plan as per Schedule B. The total sale consideration of the apartment was fixed as Rs.1,60,53,100/- plus GST and the complainant has already paid Rs.57,74,564/- to the OP and never defaulted in making the payments. The complainant further stated that she suffered some personal problems due to which she had to divert her funds in family exigency and now for making payment to the OP, she has to avail bank loan to fulfill her commitment towards the OP qua the agreement to sell between them. The complainant requested the OP several times to provide some documents required by the bank, however due to non supplying of required documents like NOC, Project Approvals, Permission to Mortgage, Execution of Tripartite Agreement with Bank, RERA certificate etc, the sanction of the bank loan got delayed. Due to the biased & unprofessional conduct of th