STATE CONSUMER DISPUTES REDRESSAL COMMISSION
SUSHMA BANSAL – Appellant
Versus
GMADA – Respondent
SC/3/CC/43/2024
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STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH.
Consumer Complaint No.43 of 2024
Date of institution : 13.08.2024
Date of Reserve : 16.01.2026
Date of decision : 03.02.2026
Sushma Bansal aged about 44 years, wife of Sh. Mudit Bansal
R/o H.No.69, Bazaar No.5, Ferozepur Cantt., Punjab, now
residing at A-201, Gala Aura Gymkhana Road South Bopal,
Ahmedabad, Gujarat having Adhaar No.7437 3699 6857, phone
No.9888840586.
….Complainant
Versus
Chief Administrator, Greater Mohali Area Development Authority,
PUDA Bhawan, Phase-8, SAS Nagar.
.…Opposite Party
Consumer Complaint under Section 47
of the Consumer Protection Act, 2019.
Quorum:-
Mrs. Kiran Sibal, Presiding Member
Ms. Simarjot Kaur, Member
Argued By:
For the complainant : Ms. Aruna Sachdeva, Advocate
For opposite parties : Ms. Aditi Sharma, Advocate
KIRAN SIBAL, PRESIDING MEMBER:
The complainant has filed this complaint, under
Section 47 of the Consumer Protection Act, 2019 (in short, “the
Act”), against the opposite party, seeking following directions:
(i) To refund an amount of Rs.54,84,000/- of interest and
penal interest w.e.f. 10.09.2013 to 31.12.2018
charged by the OP arbitrarily;
(ii) To pay Rs.1,00,000/- for compensation on account of
mental harassment;
(iii) To pay Rs.50,000/- as cost of litigation.
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2. Brief facts, as set out in the complaint, are that the
complainant applied for allotment of a plot under ‘General
Category’, measuring 500 Sq. yard in Aerocity Project launched
by the OP, vide advertisement dated 01.06.2010 and also paid
the required sum of Rs.6,00,000/-. She was found successful in
draw of lots and letter of intent was issued by the OP vide memo
No.GMADA-EO/2011/1068 dated 10.03.2011. After receiving
letter of intent, the complainant deposited Rs.9,00,000/- to make it
to total of Rs.15,00,000/- i.e. 25% of the total tentative price of the
plot. As per para No.6 of the letter of intent, the rest of amount
had to be deposited under options A or B or C and the
complainant opted for C, according to which the balance 70% of
the total price of plot had to be deposited in 7 half yearly
instalments along with interest @10 % p.a. Further as per para 8,
in case of non-payment of any installment by due date, the
complainant would be liable to pay interest and penalty at the
rates mentioned therein. The complainant has further stated that
as per terms and conditions of letter of intent, the OP would hand
over the plot to the complainant after completion of development
works at site within a period of 30 months from the date of
issuance of letter of intent. The period of 30 months elapsed on
10.09.2013 but OP neither allocated the plot number or issued the
allotment letter offering the plot nor returned the earnest money
along with 10% simple interest. The complainant could not get the
loan from any of the financial institution on the basis of letter of
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intent as the project was subject to clearance from Government of
India and other conditions possession of plot was not certain in
the letter of intent. The complainant further stated that the OP
while applying for registration of its project in the Real Estate
Regulatory Authority on 28.04.2017 admitted in affidavit cum
declaration that the Aerocity Project along with other projects
were likely to be completed on 31.12.2018. The complainant was
feeling insecure to pay the balance payment as lot of real estate
projects faced litigations and payments were stuck in the middle.
The complainant enquired about the development work at site but
no development work at site was visible and therefore, she
approached the authorities vide letter dated 03.08.2015 with the
request that charging of interest and penal interest beyond 30
months i.e. beyond 10.09.2013 is not justified and be waived but
no reply was received. However, the OP continued to issue
various notices and finally issued a Memo
No.GMADA/58673/2018 dated 21.12.2018 to deposit
Rs.91,86,029/-, which included interest and penalty for the
delayed period,
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