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STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
CHANDIGARH.
Consumer Complaint No.871 of 2019
Date of institution : 04.12.2019
Date of decision : 18.02.2020
Sunita Bhatia wife of Shri Sunil Bhatia, resident of # G-257, IInd
Floor, Preet Vihar, Delhi-110 092.
…….Complainant
Versus
1. Preet Land Promoters and Developers Pvt. Ltd., Site Office,
Sector 86, SAS Nagar, Mohali (Punjab), through its Director.
2. Charan Singh Saini, Director, M/s Preet Land Promoters &
Developers Private Limited, Site Office-Sector 86, SAS Nagar,
District Mohali.
3. Balbir Singh, Director, M/s Preet Land Promoters & Developers
Private Limited, Site Office-Sector 86, SAS Nagar, District
Mohali.
4. The Dastkar House Building Cooperative Society Limited, Site
Office-Sector 86, SAS Nagar, District Mohali through its
Secretary.
e-mail id: plpmohali@yahoo.com
……..Opposite Parties
Consumer
Complaint
under
Section
17(1)(a)(i) of the Consumer Protection Act,
1986.
Quorum:-
Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President
Mr. Rajinder Kumar Goyal, Member
Mrs. Kiran Sibal, Member
Consumer Complaint No.871 of 2019
2
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 complainant : Shri Puneet Tuli, Advocate.
For opposite parties Nos.1, 2 & 4 : Shri Paramjit Batta, Advocate.
For opposite party No.3 : Ex parte.
JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT:
The complainant, Sunita Bhatia, has filed this complaint, under
Section 17(1) (a) (i) of the Consumer Protection Act, 1986 (in short,
“C.P. Act”), for the issuance of following directions to the opposite
parties:-
i)
to deliver physical possession of 10 Marla Plot against
Registration Number R-1305 (PLP) to the complainant
immediately;
ii)
to pay interest on the deposited amount @ 15% from the
date of deposit till the date of handing over of physical
possession of the plot in question;
iii)
to pay ₹3,00,000/-, as compensation, for mental agony
and harassment etc. suffered by the complainant; and
iv)
to pay ₹50,000/-, towards cost of litigation.
Facts of the complaint:
2. Brief facts, as averred in the complaint, are that one Smt.
Seema Rani d/o Shri Roshan Lal was member of opposite party
No.4-The Dastkar House Building Co-operative Society (hereinafter
to be referred as “Society”) and the share certificate dated 3.3.2006
Consumer Complaint No.871 of 2019
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was issued in her favour. By virtue of her membership, she was
entitled to one residential plot and was assigned Serial No.R-550.
She transferred her share in favour of the complainant, who was
assigned Sr.No.R-1305 (PLP) for allotment of 10 marlas residential
plot. Opposite party No.4-Society entered into an Agreement with
opposite party No.1 to develop its land as per PUDA/GMADA norms.
Opposite parties Nos.2 and 3 are Directors of opposite party No.1
and, as such, are responsible and accountable for day to day
conduct of business of opposite party No.1. It is further averred that
the complainant made the payment of ₹16,80,110/- (including
transfer fee of ₹55,110/-) to opposite party No.1, from time to time,
on account of development charges and land cost etc., vide receipts,
Ex.C-2 (colly) the details of which are given as under:-
Sr. No. Particulars
Date of Payment
Amount in (₹)
1. Development Cost
3.8.2012
3,75,000/-
2. Land Cost
3.8.2012
10,00,000/-
3. Transfer Fee
3.8.2012
55,110/-
4. Development cost
13.01.2014
2,50,000/-
Total:-
16,80,110/-
It is further averred that subsequently opposite party No.1 allotted
Plot No.927 (proposed) measuring 10 marlas in Sector 86, SAS
Nagar, Mohali to the complainant, vide allotment letter dated
5.10.2015, Ex.C-3. It has been specifically mentioned in the
