STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 16.09.2021 Reserved On : 10.02.2025 Date of decision : 03.03.2025 Manmohan Goyal S/o Sh. Ramnath Aggarwal, aged about 52 years, R/o H.No.88, Sector-6, Panchkula, Haryana.

….Complainant Versus Greater Mohali Area Development Authority, through its Chief Administrator, PUDA Bhawan, Sector-62, S.A.S. Nagar, Mohali-

160062.

Email:helpdesk@gmada.gov.in ….OP Consumer Complaint under Section 47 of the Consumer Protection Act, 2019.

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. Sapan Dhir, Advocate For the OP : Sh.G.S. Arshi, Advocate.

JUSTICE DAYA CHAUDHARY, PRESIDENT Complainant Manmohan Goyal has approached this Commission by way of filing the present Complaint under Section 47 of the Consumer Protection Act, 2019 with the following prayer:

i) The OP be directed to allot a specific industrial plot measuring

1000 sq.yds. with clear/complete demarcations, in favour of the Complainant in the integrated project namely ‘IT City’, Sector

101-A, SAS Nagar and to hand over it possession;

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ii) To pay compensation of 15 lac for causing physical as well as monetary harassment as well as for adopting ‘unfair trade practice’ as well as ‘deficiency in service’

iii) To pay interest at the rate of 18% on the amount so paid by the Complainant on account of delay in delivery of possession of the plot w.e.f. 16.10.2018 till the delivery of actual possession after obtaining Completion Certificate and also to pay interest at the ₹

rate of 18% p.a. on the earnest money of 14 lac for the period w.e.f. 28.10.2016 (date of application) till 17.10.2017 [date of issuance of Letter of Intent (LoI)];

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iv) To pay an amount of 25 lac for escalation cost of construction and development of the plot for the industrial purpose;

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v) To pay litigation expenses to the tune of 1 lac; and vi) Any other direction as may be deemed fit, in view of the facts and circumstances of the case, may also be issued.

2. Brief facts, which are necessary for disposal of the present Complaint, are that the Complainant is dealing in the business of construction (providing material and goods) and he wanted to construct an industry/warehouse for storage of construction goods and material. The OP had invited applications for allotment of industrial plots in its integrated Township namely ‘IT City’, Sector 101-A, Mohali. The Complainant had applied for allotment of an industrial plot measuring 1000 sq.yds. in the said scheme by paying an amount of ₹

14 lac towards earnest money. The draw of lots was to be held on

30.11.2016 and the result thereof was to be declared on 02.12.2016 and thereafter the OP was to dispatch the Letter of Intent (LoI) to the allottees by 30.12.2016. However, the OP had failed to conduct the draw of lots as per the schedule. However, the LoI was issued after a period of one year from the date of deposit of the earnest money. The Complainant had opted for Down Term Payment Plan and he had ₹

paid the remaining amount of 1,23,55,000/- as per the terms and conditions of the LoI. It was further mentioned that the Complainant had an oral Joint Venture Agreement with one Mr. Sandeep Goyal, as per which it was mutually agreed that the Complainant was to hand over possession of the plot in dispute to Mr. Sandeep Goyal, who was to construct/develop an industry/factory thereon and thereafter the same was to be jointly operated by the Complainant and Mr. Sandeep Goyal for earning livelihood by way of self-employment. However, the possession of the plot was not offered by the OP to the Complainant despite sending a number of letters/reminders. He had visited the site of the project on a number of occasions but there was no devel