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STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH.
First Appeal No.18 of 2020
Date of Institution: 13.01.2020
Reserved on
: 08.01.2021
Date of Decision : 15.01.2021
1. Executive
Officer,
Nawanshahr
Improvement
Trust,
Nawanshahr, District Shaheed Bhagat Singh Nagar (Punjab).
2. Chairman, Nawanshahr Improvement Trust, Nawanshahr,
District Shaheed Bhagat Singh Nagar (Punjab).
.….Appellants/Opposite Parties
Versus
Harjit Singh son of Jagat Singh, resident of House No.1548, Sector-
69, SAS Nagar (Mohali).
.....Respondent/Complainant
First
Appeal
against
order
dated
11.12.2019
passed
by
District
Consumer Disputes Redressal Forum
(now ‘Commission’), Shaheed Bhagat
Singh Nagar.
Quorum:-
Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President
Mr. Rajinder Kumar Goyal, Member
Mrs. Kiran Sibal, 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
Argued by:-
For the appellants : Sh. Sandeep Khunger, Advocate
For the respondent : Sh. Ferry Sofat, Advocate
……………………………………………………………………….
First Appeal No.18 of 2020
2
JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT
The instant appeal has been filed against the order dated
11.12.2019 passed by District Consumer Disputes Redressal Forum,
Shaheed Bhagat Singh Nagar (now in short “District Commission”),
whereby the complaint of the complainant under section 12 of the
Consumer Protection Act, 1986 (in short ‘C.P. Act’) against opposite
parties (in short “OPs”) was allowed and following reliefs have been
granted:-
“In view of above facts and circumstances of the case,
deficiency in service and unfair trade practice is proved on the
part of OPs. As such, we allow the complaint of the
complainant with the direction to OPs to complete basic
amenities i.e. streetlight, green park, sewerage pipe, water
supply boundary wall of the project in all respects and obtain
the completion and occupation certificate from competent
authority within two months from receipt of copy of this order
and thereafter to deliver the possession to complainant within 7
days or to refund the actual price of the plot i.e. Rs.7,92,000/-
(Rupees seven lakh ninety two thousand only) with interest @
9% per annum from the date of last installment deposited by
him till its realization and further OPs are directed to pay
Rs.20,000/- as compensation for mental harassment and costs
of litigation. Compliance of the order be made accordingly.”
2.
It would be apposite to mention that hereinafter the
parties will be referred, as have been arrayed before the District
Commission.
Facts of the Complaint
3.
The complaint has been filed by complainant, through his
father Sh. Jagat Singh, the general power of attorney holder. Brief
First Appeal No.18 of 2020
3
facts of the case are that OPs had launched a scheme for allotment
of residential plots, through lottery/draw of lots in Rajiv Gandhi
Nagar, Nawanshahr and invited applications for the same from the
general public. The complainant applied for a residential plot
measuring 100 sq. yards in the above scheme and deposited a sum
of Rs.66,000/-, vide demand draft no.975125 dated 10.12.2010, as
earnest money. Draw of lots was held on 30.06.2011 and the
complainant was allotted a plot bearing no.3552, measuring 100 sq.
yards by OPs and the total price of the said plot was fixed at
Rs.7,92,000/-. Thereafter, OPs directed him to deposit 25%, i.e.
Rs.1,15,500/-, of the total price of the plot along with 4% cess
Rs.29,040/- within 30 days from the date of issuance of allotment
letter dated 30.06.2011, which was deposited by him on 26.07.2011.
The details of installments deposited by the complainan
