FIRST ADDITIONAL BENCH

STATE  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,   PUNJAB

          SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

                   Consumer Complaint No.1089 of 2017

                                                          Date of Institution   : 18.12.2017                      

                                                         Order Reserved on : 25.01.2019

                                                          Date of Decision     : 04.02.2019

Surinder Juneja s/o Sh. Sardar Singh Juneja residing at 3800, ANDERSON STREET, WHITBY,ONTARIO, LIR 3JI CANADA, through his Special Power of Attorney Holder namely Sh. Atul Narang, B-12, Vishrantika Apartment, Sector 3, Plot No.5-A, Dwarka, New Delhi-110075.

                                                                                                         ….Complainant

                                      Versus

1. M/s Shivalik Infrastructure & Developers Pvt. Ltd., S.C.O No. 510, Sector 70, S.A.S. Nagar, Mohali, District Ropar,Pin Code 160070 (Pb.) India through its Authorized Signatory.
2. Shivalik Estates Inc., 7025, TOMKEN ROAD, SUITE # 239, MISSISSAUGA, ON, L5S-IR6, CANADA, through its Authorized Signatory.
3. Amardeep Singh Hira Chairman-cum-Managing Director, M/s Shivalik Infrastructure & Developers Pvt. Ltd., SCO No. 510,Sector 70,S.A.S., Nagar, Mohali District Ropar, Pin Code- 160070 (Pb.)

                                                                    ….Opposite parties

Consumer Complaint U/s 17(1)(a) of the Consumer Protection Act, 1986 (as amended up to date).

Quorum:-

          Shri J. S. Klar, Presiding Judicial Member.

              Shri. Rajinder Kumar Goyal, Member.

Present:-For the complainant               :  Sh.Mukand Gupta, Advocate

          For opposite parties no.1&3  :  Sh. Munish Goel, Advocate

          For opposite party no.2          :  Ex-parte.

J. S. KLAR, PRESIDING JUDICIAL MEMBER:-

                     The complainant has filed this complaint through his special power of attorney holder Atul Narang U/s 17(1)(a) of the Consumer Protection Act 1986 (in short the "Act) against OPs  on the allegations, that since he is a person of Indian origin in his old age  and he was desirous of a residential house in his native land so that he and his wife could settle here in the evening of his life. Believing the assurances of OPs, he booked residential unit A-131 for total sale consideration of Rs.19,90,000/- on 15.01.2008. He paid to OPs 2610 US dollars equivalent to Rs.1 lac in Indian currency through cheque dated 15.01.2008. He further paid amount of Rs.6,00,000/- on 30.03.2008 and Rs.12,90,000/- on 30.01.2009 through cheques to OPs also for the above purpose. Buyers agreement was also executed between them on 18.02.2008 in the office of OP no.2 at Taranto Canada. As per clause 10.1 of the buyers agreement, OPs were to deliver the possession of the unit within a period of 21 months from the date of execution of buyers agreement. The stipulated period of delivery of possession was on or before 18.11.2009. He contacted OPs many times for ascertaining the progress of his booked unit through sending emails, but to no effect. After many years, he found that nobody was present at the site and  OP no.3 became untraceable. He found no development work to have been done by OPs, despite payment of large money by him to them for possession of above unit by developing the project. OPs just exploited him by mis-utilizing his money without developing the project, where allotted unit was located. He has filed the complaint praying for below noted reliefs against OPs:-

1. OPs be directed to return the full amount of Rs.19,90,000/- with interest @ 24% per annum from the respective date of payment of installment.
2. OPs be directed to pay Rs.25,00,000/- as compensation for mental harassment and Rs.4,00,000/- as litigation charges.
3. OPs be directed to pay Rs.2,00,000/- as air tra