STATE CONSUMER DISPUTES REDRESSAL COMMISSION PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH Date of Institution : 22.07.2019 Reserved on : 17.09.2024 Date of Decision : 26.09.2024 Mr. Sunil Bhutani S/o Sh. Krishan Lal Bhutani R/o H. No. 69, Batal Colony, Zirakpur.

……..Appellant/Complainant Versus M/s Bajwa Developers Limited, through its Managing Director Shri Jarnail Singh Bajwa, Office at Sunny Enclave, Desu Majra, Tehsil Kharar, Distt. Mohali.

…..Respondent/Opposite Party Appeal under Section 15 of the Consumer Protection Act, 1986 to order dated 29.11.2018 passed by the District Consumer Disputes Redressal Commission, S.A.S. Nagar (Mohali) in C.C.

No.498 of 2017.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member Mr. Vishav Kant Garg, Member Present:-

For the Appellant : Sh. Sunil Bhutani, in person For the Respondent : None

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 JUSTICE DAYA CHAUDHARY, PRESIDENT:-

The Appellant/Complainant being aggrieved by the impugned order dated 29.11.2018 passed by the District Consumer Disputes Redressal Commission, S.A.S. Nagar (Mohali) (in short the ‘District Commission’) has filed present Appeal under Section 15 of the Consumer Protection Act, 1986, (in short the ‘Act’), whereby the Complaint filed by the Respondent/Complainant had been allowed.

2. The Complainant filed the Complaint before the District Commission stating therein that for developing housing project in Sector 74-A, Mohali, OP had floated a scheme under the name and style of Sunny Apartments. Being impressed by the representations of the OP, the Complainant booked one BHK Flat BR No.1257 at Sunny Apartment, F-21, in Sector 74-A, Mohali, having covered area of 450 sq. ft. against the sale consideration of Rs.12,00,150/-. The Complainant had paid Rs.1,00,000/- vide cheque and thereafter another amount of Rs.2,00,000/- on 26.04.2011 to the OP. The Complainant had paid total amount of Rs.3,00,000/- upto 26.04.2011. The buyers agreement dated 04.05.2011 was executed between the parties. The possession was to be handed over by the OPs upto 04.11.2012 but it was not handed over on one ground or the other. Thereafter, the OP had extended the installment dates approximately on 17 occasions and thereafter upto 31.01.2015. As per the version of the Complainant, there was no progress and construction and there was no approval by the Competent Authority. The Complainant issued a legal notice on 09.06.2017 stating that he was ready and willing to pay the amount in case, the possession of the flat was handed over to him but nothing was done. The OP had violated the provisions of PAPRA, 1995. The Complaint was filed before the District Commission with the prayer for seeking refund of Rs.3,00,000/- with interest @ 18% per annum along with compensation of Rs.5,00,000/- for causing mental harassment and agony as well as litigation expenses to the tune of Rs.25,000/-.

3. Notice in the Complaint was issued to the OP and he appeared and filed written version wherein preliminary objections were raised that the Complaint was filed just for seeking refund on the basis of Agreement of sale dated 04.05.2011. However, the Complaint was barred by limitation in view of Section 27 of Indian Limitation Act as well as Section 24-A of the Consumer Protection Act, 1986 as the agreement was executed on 04.05.2011 and last payment was made on 26.04.2011 whereas the Complaint was filed on 14.07.2017 i.e. after lapse of more than 4 years. Flat was meant for economically weaker sections of the society which was got booked by Complainant by concealing his identity of being affluent member of the Society. OP was kept in dark and its consent was obtained in fraudulent manner for entering into agreement of sale dated 04.05.2011. Construction and possession of the flat was limited to payment plan and as th