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ADDITIONAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH.
Consumer Complaint No.522 of 2019
Date of institution : 09.07.2019
Reserved on : 29.07.2021
Date of decision : 20.08.2021
1. Navtej Singh son of Capt. Jagdish Singh, resident of Flat
No.1901, Sea Flama, A-Wing Dosti Flamongos T.J. Road, Swri
Mumbai, Maharashtra-400015.
2. Mrs. Rajpreet Kaur wife of Capt. Jagdish Singh R/o House
No.55, Bhakra Enclave, Sangrur Road, Patiala-147001.
….Complainants
Versus
1. Best Zone Builders & Developers C/o Orchid Greens, Kharar-
Landran Road, Sector 115, Mohali, Punjab, through its Director.
2. Best Zone Builders and Developers Pvt. Ltd., through its
Managing Director, Shop No.1-2-3, Orchid Greens, Kharar-
Landran Road, Sector 115, Mohali, Punjab.
E-mail ID: info@bestzonebuilders.com
3. India Bulls Housing Finance Limited (IHFL), SCO No.337-338,
Ground Floor, Sector 35-B, Chandigarh-160035, through its
Branch Manager.
.…Opposite Parties
Consumer Complaint under Section 17 of
the Consumer Protection Act, 1986.
Quorum:-
Mr. Rajinder Kumar Goyal, Presiding 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 complainants : Capt. Arun Sharma, Advocate
For OPs No.1 & 2
: Sh. L.S. Sidhu, Advocate
For OP No.3
: None.
Consumer Complaint No.522 of 2019
2
KIRAN SIBAL, MEMBER
The complainants, who are son and mother, have filed this
complaint, under Section 17 of the Consumer Protection Act, 1986 (in
short, “the Act”), against the opposite parties, seeking following
directions to them:
i)
to refund the amount of ₹30,50,000/-, paid from 23.04.2014 till
22.04.2017 as per Tripartite Agreement, along with interest at
the rate of 12% which comes to ₹30,14,465/- till the date of filing
of the complaint;
ii)
to pay damages to the tune of ₹3,00,000/- on account of mental
agony, harassment, financial loss etc. suffered by the
complainants; and
iii)
to pay ₹55,000/- towards litigation expenses.
iv)
It has also been prayed that any other relief, to which the
complainants may be found entitled to as per facts and
circumstances of the case, may also be awarded.
Facts of the Complaint
2.
Brief facts, as set out in the complaint, are that the
complainants had booked a Type 3 BHK Apartment bearing No.A-301,
Block No.A, Third Floor (in short, “unit”), in the project launched by
opposite parties No.1 & 2 under the name and style of “Orchid
Greens”, situated at Kharar-Landran Road, Sector 115, Mohali,
Punjab, for a total consideration of ₹31,00,000/-, vide Registration-
cum-Application Form dated 31.03.2014, by paying booking amount of
Consumer Complaint No.522 of 2019
3
₹6,39,158/- through RTGS to them. The Apartment Allottee(s)
Arrangement Agreement (in short, “the agreement”) was executed and
signed between the parties on 07.04.2014 at Mohali in the presence of
witnesses. The payment schedule and conditions were stipulated and
were duly signed between the parties and the said unit was financed
through India Bulls Housing Finance Limited (in short, “IHFL”),
opposite party No.3, vide Tripartite Agreement 23.04.2014. As per
Account Statement maintained by opposite party No.3, the
complainants have paid 90% of the sale consideration of the unit to
opposite parties No.1 & 2. Opposite parties No.1 & 2 issued frivolous
and unwanted letter of possession and demand notices, vide letters
dated 19.05.2014, 22.07.2014, 13.08.2014, 06.10.2014, 17.10.2014,
30.05.2015 and 23.10.2017, demanding unnecessary payments;
which were duly replied by the complainants. The complainants sought
information from Municipal Co
