Non-delivery of plot possession despite 75% payment, no agreement, and unilateral size reduction after 13 years constitutes deficiency in service and unfair trade practice; entitles refund with 9% interest from deposit dates.

ARGUED BY :-

Sh. Updip Singh, Advocate (on V.C) for the complainant Sh. Sanjeev Sharma, Advocate for opposite parties No.1 to 3 & 5 PER SH. RAJESH K. ARYA, MEMBER The complainant has filed this complaint seeking refund of the amount paid by her to the tune of ₹55,50,000/- to the opposite parties towards purchase of a plot in the project launched by them under the name and style ‘The Palm”, New Chandigarh, Mohali, Punjab, on the ground that they failed to offer possession thereof, for dearth of construction and development activities and also necessary approvals/sanctions. It is the case of the complainant that she booked a plot in the said project on 29.05.2012 by paying an amount of ₹37 Lacs on 29.05.2012 itself and was accordingly, allotted a plot measuring 400 square yards. Thereafter, she paid another amount of ₹18.50 lacs on 09.07.2013. However, no agreement was executed and no specific date of handing over of possession of the said plot has been given by the opposite parties till date. It has further been averred that possession has not been delivered even after 13 years from the date of booking/allotment, till date. It has further been averred that the opposite parties raised a further demand of ₹18.50 Lacs vide letter dated 06.06.2014 whereas even after receiving more than 75% of the total sale consideration, as stated above, plot buyers agreement has not been executed by the opposite parties. It has further been averred that as per Section 6 of Punjab Apartment and Property Regulation Act, it is mandatory for the developer/promoter to execute a registered agreement with the allottee before receiving more than 25% of the total sale consideration. It has further been stated that the complainant wrote letters dated 11.09.2023, 30.12.2023 and 16.09.2024 to the opposite parties highlighting that they had been running from pillar to post to get possession of the allotted plot complete in all respects, however, to her utter dismay, there is no response or action from the side of the opposite parties. It has further been averred that the opposite parties finally reverted on 17.06.2025, Exhibit C-6, stating that the letter of allotment dated 29.05.2012 was merely an expression of interest for purchase of one 302.83 sq. yard residential plot. It has further been averred that now the opposite parties after lapse of 13 years took a summersault and issued letter qua allotment of 302.83 sq. yards, which itself shows the ill intention of the opposite parties. It has further been averred that the opposite parties do not have the completion certificate for the project in question and the development is still going on and is nowhere near completion as the plot in question has not been earmarked till date.

2] By stating that the aforesaid act and conduct of the opposite parties in not offering/delivering possession of the plot in question, despite the fact that the complainant started pouring money from 2012 itself, amount to deficiency in providing service and adoption of unfair trade practice, this complaint has been filed by the complainant, seeking refund of amount paid alongwith interest, compensation etc.

3] The claim of the complainant has been contested by opposite parties No.1, 2, 3 & 5 by filing joint reply, wherein, they took a preliminary objection that this Commission lacks territorial jurisdiction as the unit allotted to the complainant is situated at New Chandigarh, District Mohali, Punjab. However, on merits, the allegations of the complainant have been vehemently denied being wholly incorrect and baseless. It has been pleaded that the complainant had merely submitted an Expression of Interest for a future upcoming project and had applied for a 400 sq. yard plot, however, she was provisionally allotted a plot measuring 302.83 sq. yards, which she never accepted nor did she come forward to execute the Buyer Agreement or make the requisite payments as per the payment plan. The contesting opposite parties further submit that t