STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Consumer Complaint No. 111 of 2020 Date of institution : 13.03.2020 Reserved on : 08.12.2025 Date of Decision : 07.01.2026 Harsimranjeet Kaur Mavi wife of Sh.Manpreet Singh Mavi, resident of House No. 1165, Phase-9, Mohali (Punjab)-160062 ….Complainant Versus

1. Punjab Urban Development Authority (also known as Bathinda Development Authority) through their Estate Officer, PUDA/BDA Complex, Bhagu Road, Bathinda (Punjab)-151001 Email : info@bdabathinda.in

2. The Chief Administrator, Punjab Urban Development Authority (also known as Bathinda Development Authority), PUDA/BDA Complex, Bhagu Road, Bathinda (Punjab)-151001.

Email : info@bdabathinda.in .…Opposite Parties Consumer Complaint under Section 17(1)(a) of the Consumer Protection Act, 1986.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member Mr. Vishav Kant Garg, 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 Complainant : Sh. Satish Kumar Saini, Auth. Rep.

For the OPs : Ms. Twinkle Verma, Adv. For Ms. Swati Dayalan, Advocate SIMARJOT KAUR, MEMBER :

The Complainant has filed the Complaint against the Opposite Parties (hereinafter referred as OPs) under Section 17(1)(a) of the Consumer Protection Act, 1986 (for short ‘the Act’) on the averments that the Complainant had applied for allotment of plot with the OPs. She had applied vide Application No.100032 in General Category. She had also deposited Rs.6,30,000/- on 22.12.2015 as 10% earnest money against the sale price of 300 sq. yards plot. On 21.04.2016, Letter of Intent (LoI) regarding Plot No. 106, Nirvana Estate, Urban Estate PUDA, Bathinda was issued by OP No.1. Accordingly, she had deposited an amount of Rs.9,45,000/- on 16.05.2016 being the remaining 15% of the total price of the plot along with 2% more as Cancer Cess. Thereafter Allotment Letter No. PUDA/E.O./2016/7619 dated 24.10.2016 was issued. The Complainant was keen to pay the remaining amount in lumpsum on or before 25.10.2017. She had sent an e-mail dated 12.10.2017 to the OPs, enquiring about the exact remaining amount towards the said plot. She had again sent a reminder e-mail dated 16.10.2017. During the said period she came to know that the Hon’ble High Court of Punjab and Haryana was seized of the matter pertaining to applicability of any interest payable on installments up till the date of possession of the plots. However, the Complainant had received belated reply from the OPs on 25.10.2017. After the said reply the Complainant was able to pay an amount of Rs.25,905,125/- through RTGS on 25.10.2017. She was informed that an outstanding amount of Rs.50,95,125/- was due upto 25.10.2017. She was also informed that she would have to pay extra amount if the amount due was not paid up till 25.10.2017. She had paid Rs.25,000/- on 10.11.2017. Thereafter, the Complainant had applied to the OPs for the issuance of No Due Certificate. The OPs had denied the same. She was asked to deposit an amount of Rs.2,20,115/-, calculated as per Half Yearly Payment Schedule starting from April-18 till April-20. This amount was payable upto 16.04.2018. Accordingly, the Complainant had paid an amount of Rs.2,22,000/- on 24.04.2018 through Bank Draft dated 21.04.2018 to the OPs. It was further averred by the Complainant that the OPs had wrongly calculated the said amount of Rs.2,22,000/-. Therefore, the said amount was received in excess by the OPs. Accordingly, she had sought refund of the said amount in November, but the OPs had refunded only an amount of Rs.1,241/-.

2. It was further alleged that the said act of the OPs in not replying to her various communications regarding due amount toward the said plot forced the Complainant to pay additional amount of Rs.2,17,587/- plus interest. Due to said act of OPs, the Complainant ha