STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 22.04.2022 Date of decision : 03.05.2023

1. Veena Vig W/o Ashok Kumar Vig; 2. Hitesh Vig S/o Ashok Kumar Vig;

Both are permanent residents of Flat No.1108, Tower B-2, La Prisma Village Singhpura, Tehsil Zirakpur, District SAS Nagar, Punjab.

….Complainants Versus

1. TDI Infracorp (India) Limited, having its Registered Office at Upper Ground Floor, Vandana Building, 11 Tolstoy Marg, Cannaught Place, New Delhi-110001, through its Managing Director.

Email:customer.care@tdiinfracorp.com

2. Kamal Taneja, Director, TDI Infracorp (India) Limited, having its Registered Office at Upper Ground Floor, Vandana Building, 11 Tolstoy Marg, Cannaught Place, New Delhi-110001.

Email ID:secretarial@tdiinfracorp.com

3. Devki Nandan Taneja, Director, TDI Infracorp (India) Limited, having its Registered Office at Upper Ground Floor, Vandana Building, 11 Tolstoy Marg, Cannaught Place, New Delhi-110001.

Email ID:secretarial@tdiinfracorp.com .…OPs Consumer Complaint under Section 47 of the Consumer Protection Act, 2019 (as amended from time to time).

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:

For the complainants : Sh. Vipul Dharmani, Advocate For the OPs : Sh. Karan Inder Singh, Advocate for Sh. Ajay Ghangas, Advocate.

JUSTICE DAYA CHAUDHARY, PRESIDENT The complainants, who are wife and son respectively of Sh.

Ashok Kumar Vig, have filed the present complaint under Section 47 of the Consumer Protection Act, 2019 (hereinafter to be referred as ‘the Act”) against the OPs.

2. As per version made in the complaint, the complainants along with Mr. Ashok Vig, who is husband of complainant No.1- Mrs. Veena Vig and father of complainant No.2- Mr. Hitesh Vig wanted to settle in city Sonepat and they booked an independent floor measuring 1500 sq.ft. with the OPs and for that purpose, the booking amount of ₹6,50,000/- was paid to the OPs. After depositing said amount, Welcome Letter dated 11.07.2013 was issued by the OPs to the complainants. Thereafter, on 03.09.2013, an allotment letter was issued in favour of the complainants for booking of an independent floor comprising of 3 bedrooms, 2 toilets, drawing room and a kitchen, rd bearing No.WF-44/TF on 3 floor. A Buyer’s Agreement (in short, ‘agreement’) was entered into between the parties on 18.09.2013 (Ex.C-4) towards basic sale price of ₹56 lac as calculated at the rate of ₹3,733.33 per sq.ft. On 30.09.2013, a Tripartite Agreement was executed between the complainants, UCO Bank and the OPs for sanction of loan in favour of the complainants. The amount was paid by the complainants to the OPs towards price of said flat as per following table:

3. Further, it has been mentioned in the complaint that a letter dated 17.07.2020 was sent by the complainants to the OPs to pay the pending subvention interest and penalty amount to them. However, vide letter dated 01.02.2022, a letter was sent by the OPs informing the complainants that the possession of the unit so purchased by them was ready and complete in all r