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SECOND ADDITIONAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH
1.
Consumer Complaint No. 157 of 2020
Date of Institution : 19.06.2020
Date of Reserve : 05.01.2021
Date of Decision : 21.01.2021
Sukhmander Singh S/o Sh.Jaswant Singh, Aged 59 years, R/o
Nam Dev Marg, Gali No.1, Bathinda, Punjab.
…..Complainant
Versus
1. Altus Space Builders Pvt. Ltd. through its CEO Harpreet
Singh, having its Office at SCF 22, 1st Fllor, Phase X, SAS
Nagar, altusoffice@yahoo.co.in
2. S.Narinder Singh Sidhu, Authorized Signatory, Altus Space
Builders Pvt. Ltd., having its office at SCF 22, 1st Floor,
Phase X, SAS Nagar. altusoffice@yahoo.co.in
…..Opposite parties
3. Sartaj Co-operative House Building Society, having its office
at SCO 148, First Floor, Sector 40-C, Chandigarh, through its
Managing Director.
….Performa Opposite party.
2.
Consumer Complaint No. 158 of 2020
Date of Institution : 19.06.2020
Date of Reserve : 05.01.2021
Date of Decision : 21.01.2021
Yadvinder Singh S/o Sh.Jaswant Singh, Aged 54 years, R/o Nam
Dev Marg, Gali No.1, Bathinda, Punjab-151001.
…..Complainant
Versus
Consumer Complaint No.157 of 2020
2
1. Altus Space Builders Pvt. Ltd. through its CEO Harpreet
Singh, having its Office at SCF 22, 1st Fllor, Phase X, SAS
Nagar, altusoffice@yahoo.co.in
2. S.Narinder Singh Sidhu, Authorized Signatory, Altus Space
Builders Pvt. Ltd., having its office at SCF 22, 1st Floor,
Phase X, SAS Nagar. altusoffice@yahoo.co.in
…..Opposite parties
3. Sartaj Co-operative House Building Society, having its office
at SCO 148, First Floor, Sector 40-C, Chandigarh, through its
Managing Director.
….Performa Opposite party.
Consumer Complaints under Section 17
of the Consumer Protection Act, 1986.
Quorum:-
Mr.Rajinder Kumar Goyal, Presiding Member
Mrs. Kiran Sibal, Member
Present (CC No.157 of 2020):-
For the complainant
: Sh.Anirudh Gupta, Advocate
For opposite parties No.1&2 : Sh.N.P.Chandel, Advocate for
Sh.R.S.Pandher, Advocate
(Defence Struck Off vide order
Dated 21.09.2020)
For opposite party No.3 : Sh.Anish Gautam, Advocate
RAJINDER KUMAR GOYAL, PRESIDING MEMBER
This order will dispose of above mentioned two (2)
Consumer Complaints filed by the two complainants against the
same opposite parties, under Section 17 of the Consumer
Protection Act, 1986 (in short ‘the Act’) as the facts and the
questions of law involved in both these complaints are the same
and both the complaints pertain to the dispute of allotment of plots
in the same Scheme of the opposite parties. However, for the
Consumer Complaint No.157 of 2020
3
purpose of detailed facts, we are taking up Consumer Complaint
No.157 of 2020.
Consumer Complaint No.157 of 2020
2. The complainant has filed this complaint, under Section 17
of the Consumer Protection Act, 1986 (in short ‘the Act’) seeking
following directions to the opposite parties:
i)
to grant possession of the plot along with interest at the
rate of 9% per annum from the expiry of 18 months
from the date of Buyer Seller Agreement i.e.
06.06.2019 till the date of delivery of possession to the
complainant;
ii)
to pay interest penalty at the rate of 9% per annum on
Rs.14.750/- (Rs.10,000/- per sq. yard as cost of land +
Rs.4,750/- per sq. yd as Development cost) from the
date of delayed possession i.e. 06.06.2019;
iii)
to pay Rs.3,00,000/- as compensation for causing
tension, harassment, undue hardship and agony due to
deficiency in providing the service;
iv)
to pay Rs.2,00,000/- towards unfair trade practices;
v)
to pay Rs.55,000/- as cost of litigation; and
vi)
any other relief which this Commission may deem fit
and proper.
Facts of the Complaint
3. Brief facts, as averred in the complaint are that the
complainant booked a plot with opposite party No.3 measuring 350
sq. yards and go
