STATE CONSUMER DISPUTES REDRESSAL COMMISSION PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH Date of Institution : 16.12.2022 Reserved on : 09.12.2025 Date of Decision : 11.02.2026 Sunil Kumar aged about 50 years s/o Murari Lal, Resident of House No.235, Mehandi Mohalla, Kankar Khera, Meerut, Uttar Pardesh, PIN-250001, Aadhar No.2300-7564-0600 working as Assistant Engineer, Military Engineering Services, posted at Kamptee, Nagpur, Maharashtra.

….Complainant Versus

1. Allwin Infrastructure Limited, Plot 361, Phase-2, Industrial Area, Panchkula, Haryana through its Director Varinder Kumar Singla (Email: crm@ellwininfra.com).

2. State Bank of India, Chandigarh Branch, 50778, RACPC, Chandigarh, District S.A.S. Nagar, Punjab.

Email:customer@sbi.co.in .....Opposite Parties Complaint U/s 47 of the Consumer Protection Act, 2019.

Quorum:-

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

For the Complainant : Sh. Karan Bhardwaj, Advocate For Opposite Party No.1 : Sh. R.S.Rawat, Advocate For Opposite Party No.2 : Sh. Kuldip Singh, Advocate

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:-

Initially, the Complaint came up hearing before the Additional Bench consisting of Sh. H.P.S. Mahal, Judicial Member and Ms. Kiran Sibal, Member. Both the Members had passed two different orders. Thereafter, the matter was referred to the third Member, i.e. Ms. Simarjot Kaur who had passed totally a different order. However, no majority order was passed. By considering the peculiar facts and circumstances of the case, the case was ordered to be heard by the Principal Bench comprising of myself along with

2 Members namely Sh. Vishav Kant Garg and Ms. Simarjot Kaur.

2. The Complainant has filed the present Complaint under Section 47 of the Consumer Protection Act, 2019 (in short, “the Act”) with the averments that he wanted to buy a residential house for his family, as such, he booked a 3BHK Apartment measuring ‘949.15 Sq.feet’ Carpet Area in the project of OP No.1, i.e. “El Spazia”, International Airport Road, Zirakpur, District SAS Nagar. Initially he paid sum of Rs.5,74,350/- on different dates, i.e. from 21.06.2019 to 25.11.2019 as booking amount. Apartment No.C-902, 9^th Floor in the aforesaid project was allotted to him vide allotment letter 01.12.2019. The total sale consideration of the said Apartment was Rs.57,52,330/-. After obtaining permission from OP No.1 to mortgage the allotted Apartment, he had taken loan amounting to Rs.45,94,000/- from OP No.2 Bank, which was repayable in equated monthly installment of Rs.41,034/-. A tripartite agreement was also executed between the parties. Initially, an amount of Rs.42,87,376/-

was released by OP No.2 Bank to OP No.1. The Complainant had been paying monthly installment of Rs.41,034/- to OP No.2 Bank regularly. The Complainant has already paid a total sum of Rs.51,67,105/- towards the said Apartment. The demand was made on 20.09.2022 and thereafter the allotment was cancelled on 15.11.2022. In the month of September 2022, he was transferred at an extremely sensitive posting, where use of internet was very limited. Due to the restriction on internet usage and the Complainant’s preoccupation with his son’s admission in Engineering College, he was not aware of demand letter dated 20.09.2022 for an amount of Rs.2,89,220/- which was sent to the Complainant at his Meerut Address. The Complainant was also not having knowledge of reminders due to aforesaid reasons but despite that OP No.1 had sent intimation of cancellation letter dated 09.11.2022. Thereafter, vide letter dated 15.11.2022, OP No.1 had cancelled the allotment letter dated 01.12.2019. Despite requests of the Complainant, his allotment was not revoked. The Complainant has prayed for following reliefs :-

i) To set aside the ca