##PAGE1##

STATE CONSUMER DISPUTES REDRESSAL COMMISSION

CHANDIGARH

FIRST APPEAL NO. SC/4/FA/96/2025

(Against the Order dated 10th December 2024 in Complaint DC/AB1/44/CC/735/2022 of the

District Consumer Disputes Redressal Commission Chandigarh district commission)

PREM SHANKER AGRAWAL

PRESENT ADDRESS - HOUSE NO 553, VIGYAN VIHAR, SECTOR 49A, CHANDIGARH ,

CHANDIGARH , HAVING ITS OFFICE AT SCO 144-145, NH-21, SECTOR-117, CHANDIGARH-

KHARAR ROA , CHANDIGARH,CHANDIGARH.

.......Appellant(s)

Versus

THE CSIO

PRESENT ADDRESS - PRESIDENT/SECRETARY, THE CSIO EMPLOYEES CO-OPERATIVE

HOUSE BUILDING SOCIETY 1ST LTD, VIGYAN VIHAR, SECTOR 49 A, CHANDIGARH-160047

, CHANDIGARH , HAVING ITS OFFICE AT SCO 144-145, NH-21, SECTOR-117, CHANDIGARH-

KHARAR ROA , CHANDIGARH,CHANDIGARH.

.......Respondent(s)

BEFORE:

HON'BLE MRS. PADMA PANDEY , PRESIDING MEMBER

HON'BLE MR. RAJESH KUMAR ARYA , MEMBER

FOR THE APPELLANT:

IN PERSON

DATED: 31/12/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

(Additional Bench

Appeal No. : 96 of 2025

Date of Institution : 11.02.2025

Date of Decision : 31.12.2025

Prem Shanker Agrawal, Senior Citizen, aged 70 years, Resident (Owner) of

H.No.553, Vigyan Vihar, Sector 49-A, Chandigarh (U.T.)-160047.Mobile

No.9216531944

…….Appellant

V e r s u s

President/Secretary, The C.S.I.O. Employees Co-operative House Building Society

(1st) Ltd., Vigyan Vihar, Sector 49-A, Chandigarh-160047

…Respondent

Appeal under Section 41 of the Consumer Protection Act, 2019 against order

dated 10.12.2024 passed by District Consumer Disputes Redressal

Commission-II, U.T. Chandigarh in Consumer Complaint No.735/2022.

BEFORE: MRS. PADMA PANDEY, PRESIDING MEMBER

MR.RAJESH K.ARYA,MEMBER

For the appellant : Sh. Prem Shankar Agrawal, appellant in person

For the respondent : Sh.Anil Kumar Lamdharia,Advocate

PER PADMA PANDEY, PRESIDING MEMBER

This appeal is directed against the order dated 10.12.2024, rendered

by District Consumer Disputes Redressal Commission-II, U.T. Chandigarh

(hereinafter to be referred as “the Ld. District Commission”), vide which, it

dismissed the complaint bearing No.CC/735/2022, being meritless.

2. Before the Ld. District Commission, it was case of the

complainant/appellant that he purchased H.No.553, ‘B’ Category, Sector 49-A,

Chandigarh, on General Power of Attorney from Mr.Amar Nath (Original Allottee) on

10.10.2000. The allotment of the said House No.553 was given to the original

allottee Mr.Amar Nath vide letter dated 25.03.2000 and the physical possession was

taken by him on 24.04.2001. It was averred that in the month of October 2002,

some of the allottees of the Society filed a Petition before the Registrar, Cooperative

Societies, U.T. Chandigarh as per Society Act/Rules against the Construction

Contractor who was not removing the defects in the flats. Out of the Court

settlement, the Construction Contractor agreed to pay Rs.7 Lakh FD to the CSIO

Society Management and waive off the bill of Rs.10.5 Lakh against the defects in

construction of dwelling units. The CSIO Management in its meeting held on

08.10.2003 decided and distributed Rs.7 Lakh among the 41 Members of the

Society as Rs.20,250/- for ‘A’ Category, Rs.13,500/- for ‘B’ Category and

Rs.11,400/- for ‘C’ Category Members but the distributed amount was kept by the

Society in its bank account. It was further averred that the amount of Rs.13,500/-

of H.No.553 is lying with the CSIO Society since 30.12.2003 and it neither paid to

the original allottee nor to the GPA(Complainant) who has now become the owner of

the House No.553 after registration of the Conveyance Deed on 24.11.2021 in his

name. The complainant requested the Society vide letter dated 21.03.2022 to

pay/return the amount of Rs.13,500/- alongwith interest @ 12% p.a. w.e.f.

01.01.2004 as this amount is lying with the society since 30.12.2023 but it returned

the letter to complainant on 27.03.2022 without any reply. The complainant again

sent the same letter to the Society through speed post on 30.03.2022 but to no

effect. When all efforts