STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 13.10.2021 Reserved on : 03.10.2025 Date of Decision : 03.12.2025 Venus Jindal, Aged about 37 years, son of Sh. Sham Bihari Jindal, Resident of House No. 1-A, Jindal House, Bank Street, Samana –

147 101 ….Complainant Versus

1. Punjab Urban Planning and Development Authority, PUDA Bhawan, Sector-62, Mohali, S.A.S Nagar, Punjab through its Chief Administrator E-mail ID: helpdesk@puda.gov.in; Phone No. 0172-2215202

2. Patiala Urban Planning and Development Authority, PUDA Complex, Urban Estate, Phase-II, Patiala, Punjab through its Chief Administrator E-mail Id: pdapatiala@hotmail.com; Phone No.: 0175-5015412 and

0175-2285410

3. Estate Officer, Patiala Urban Planning and Development Authority, PUDA Complex, Urban Estate, Phase-II, Patiala, Punjab-

147001.

E-mail Id: pdapatiala@hotmail.com; Phone No.: 0175-5015412 and

0175-2285410 .…Opposite Parties Consumer Complaint under Sections 47 and

49 of the Consumer Protection Act, 2019.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President 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. Rahul Sharma, Advocate For the OPs : Sh. Anuj Kohli, Advocate VISHAV KANT GARG, MEMBER :

The Complainant has filed this Complaint under Section 47 and 49 of the Consumer Protection Act, 2019 (for short ‘the CP Act’) against the Opposite Parties (hereinafter referred as ‘OPs’) with the averments that the OPs had launched a scheme on 12.10.2015 for allotment of 309 Residential Plots at Nabha Road, Patiala. Impressed by the facilities depicted in the brochure, the Complainant had submitted Application under General Category for allotment of 500 sq. yds. plot at Nabha Road, Patiala and had deposited Rs.12,50,000/- being the 10% earnest money. The Complainant was declared successful in the draw of lots held on 22.01.2016 and the OPs had issued Letter of Intent (in short ‘LoI’) dated 01.03.2016 in this regard. The tentative price of the plot was Rs.1,25,00,000/-. As per Condition of LoI, for completing the 25% price of the plot, the Complainant had deposited the remaining amount of Rs.21,25,000/- on 30.03.2016 with the OPs within 30 days. OPs had provided two options in LoI to pay the remaining 75% amount, either in lumpsum or in 6 equated half yearly installments along with interest @ 12% p.a. The Complainant had opted for 2^nd option of 6 equal equated installments along with 12% interest.

2. As per Clause No. 9 of the LoI, OPs had promised to deliver the possession of the plot after completion of development work in the scheme area or within 18 months from the date of allotment letter. As per allotment letter dated 03.01.2017, the price of the plot was fixed as Rs.1,41,48,750/- and the Complainant was required to pay balance amount of Rs.1,10,23,750/- in 6 equated half yearly installments along with interest. The principal amount of each installment was Rs.18,37,292/- and the Complainant was to pay interest on the said amount of each installment as per allotment letter. It was ordered by the Hon’ble High Court of Punjab and Haryana in CWP No. 4108 of 2016 that no possession of the plot was to be offered to the allottee till the completion of all the basic amenities and development works and no interest would be charged till the possession of the plot to the allottee. The OPs had offered the possession of the plot on 12.12.2017 but till that time the development works had not been completed. Even upto 02.07.2018 i.e. the tentative date of completion of the development works of the project, the same had not been completed. Some of the basic amenities like footpaths work and roads etc. were not completed upto 08.01.2019. The Divisional Forest Officer, Patiala vide its letter dated 11.01.2021 had confirmed that no NOC had been issued