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2026 Supreme(Online)(SCDRC) 2358

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH.


First Appeal No.410 of 2024


Date of institution : 29.07.2024
Reserved on : 09.02.2026
Date of Decision : 03.03.2026


1. Omaxe Chandigarh Extension Developers Pvt. Ltd., Regd. Office – Omaxe City, 111th Milestone, Near Bad Ke Balaji Bus Stand, Jaipur – 302026 through its Managing Director.
2. Zonal Manager, Omaxe Chandigarh Extension Developers Pvt. Ltd., India Trade Tower, First Floor, Madhya Marg Extension, New Chandigarh (Mullanpur).
Email : Chandigarhextnsales@omaxe.com.
….Appellants/Opposite Parties.
Versus
1. Dr.Raman Arora son of Late Sh.D.R.Middha.
2. Neena Arora wife of Dr.Raman Arora Both residents of House No.281-B, B.R.S.Nagar, Ludhiana.
….…Respondents/Complainants.


First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 06.10.2023 passed by the District Consumer Disputes Redressal Commission, SAS Nagar (Mohali) in CC No.224 of 2021.


Quorum:-
Hon’ble Mrs. Justice Daya Chaudhary, President
Ms. Simarjot Kaur, 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 appellants : Sh.Arjun Sharma, Advocate
For the Respondents : Sh.R.C. Sharma, Advocate









Petitioner Advocates:ARJUN SHARMA ,Respondent Advocate:

SIMARJOT KAUR, MEMBER :

The Appellants/Opposite Parties No.1&2 have filed the present Appeal to challenge the impugned order dated 06.10.2023 passed by the District Consumer Disputes Redressal Commission, SAS Nagar (Mohali) (in short, “the District Commission”), whereby the Complaint filed by the Complainants had been partly allowed.

2. It would be apposite to mention here that hereinafter the parties will be referred, as were arrayed before the District Commission.

Briefly, the facts of the case as made out by the Complainants in the Complaint filed before the District Commission are that Complainants are husband and wife who had jointly booked a residential plot measuring 300 yards with the OPs on 02.01.2011. An amount of Rs.13,23,000/- was paid as booking amount. As per the application, basic cost price of the plot was fixed at Rs.18,000/- per square yard with discount of 2%. A letter dated 19.11.2011 was sent to the Complainant No.1 to invite him to Sarovar Hotel at Chandigarh for allotment of plots. A provisional allotment letter was issued on 12.12.2011. Plot No.OCE/558DK1 measuring 301.39 sq.yards was allotted to the Complainants at sale price of Rs.48,82,356/-. Additionally charges towards maintenance/security for an amount of Rs.30,000/- and charges for club facility Rs.50,000/- were levied. They were assured that allotment letter/detailed agreement would be executed between the parties. At the time of booking, Complainants had paid more than 25% of the basic price to the OPs. It was assured by the officials of OPs that the said area would be developed and completed within a period of 3 years. In the event of any delay, customers would to be compensated. After the booking of the plot, OPs had started to raise further demands for executing any formal agreement. All the charges/demands raised by them were paid by the Complainants from time to time. The Complainants had paid a total amount of Rs.49,49,480.20p to the OPs as per the statement of account issued by the OPs themselves. However, OPs had demanded final amount against the said plot vide letter dated 16.9.2020 along with statement of account showing an outstanding amount of Rs.4,94,952/-. The Complainants were shocked to see that inspite of the fact that almost entire payment had already been paid by them to the OPs over a period of 9 years still neither any Agreement was got signed nor any intimation regarding approvals/Completion Certificates was given to them. On raising the issue of Completion Certificate by the Complainants with OPs, they started raising further demands for the outstanding amount (qua interest), vide letters dated 03.10.2020 and 05.11.2020. Complainant No.1 had sent reply vide letter dated 05.10.2020 by registered post. They had also sent e-mails dated 10.10.2020 and 09.11.2020 stating therein that they had already requested the OPs to adjust the final payment against the interest payable for period of delay as per the statutory provisions. The final payment was paid by the Complainants vide cheque No.000157 drawn on HDFC Bank for an amount of Rs.5,23,174.56P. It was paid as per the demand of Ops under protest. The Complainants had alleged that the OPs had utilized his hard-earned money for commercial gains for over a period of 10 years. Further, it was mentioned in the Complaint that the OPs had raised said demand without even signing the agreement. This act of OPs was in gross violation of law. The Complainants had sent a legal notice to the OPs demanding delivery of possession of the plot in question immediately and to sign the agreement. Complainants had also demanded compensation for the period of delay by way of interest @ 15% per annum on the amount received by OPs on various dates till delivery of possession. The OPs were also told to refund the excess amount received by them. The OPs had never responded to the said legal notice. Consequently, the present Complaint was filed alleging ‘deficiency in service’ and ‘adoption of unfair t

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