STATE CONSUMER DISPUTES REDRESSAL COMMISSION,   PUNJAB, CHANDIGARH.

                       Consumer Complaint No.984 of 2017

             Date of institution  :    10.11.2017

 Date of decision     :    06.08.2018

Pankaj Kumar son of Sh. S.K. Wangoo, resident of House No.533, Shiva Enclave, Patiala Road, Near Dhillon Marriage Palace, Zirakpur, Distt. Mohali, Punjab.

….Complainant

Versus

1. Greater Punjab Officers Cooperative House Building Society, O/o House No.175, Sector 11, Chandigarh through its President/Secretary.

2. M/s Altus Space Builders Pvt. Ltd, O/o House No.175, Sector 11, Chandigarh, through its Managing Director.

2^nd address:

          SCO No.22, Ist Floor, Phase X, SAS Nagar Mohali.

3. Reliance Property Solutions, Pvt. Ltd., SCO No.309-310, Ist Floor, Sector 35-D, Chandigarh, through its Managing Director.  

                                                                            ….Opposite Parties.

Consumer Complaint under Section 17 of the Consumer Protection Act, 1986.

Quorum:- 

          Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President

                        Mr.Rajinder Kumar Goyal, Member

                        Mrs. Kiran Sibal, Member

Present:-

For the complainant :   Sh. Kailash Chander, Advocate

For the Ops No.1&2  :   Sh. Amandeep, Advocate for

                                           Sh. R.S. Pandher, Advocate

For the OP No.3        :    Sh. Tushar Arora, Advocate 

RAJINDER KUMAR GOYAL,  MEMBER :

          The complainant has filed this complaint, under section 17 of the Consumer Protection Act 1986, (in short, “The Act”), seeking following direction to the opposite parties:

1. to refund 12,50,000/- along with interest @ 24% per annum from the date of payment till its actual realization.
2. to pay 2,00,000/- compensation on account of harassment, mental agony and financial loss caused to him.
3. to pay litigation cost of 15,000/-

Facts of the Complaint:

2.               Brief facts, as stated in the complaint, are to the effect that the complainant was approached by Opposite Party No.3 (OP No.3) for booking of 250 square yard plot developed by OP No.2 in their upcoming township project. OP No. 3 in order to induced and allure showed complainant a CLU letter issued in favour of Op No.1 & 2 for 26.41 acres land in village Salamatpur, Dhodhemajra, Rasoolpur, Ghanduli, Bhagat Majra and Mullanpur, District Mohali, also another CLU issued in favour of OP No.2 in Village Palheri and Bhagat Majra for 127.581 acres land. OP No.3 also gave one copy of Letter of intent (LOI) issued by Punjab Urban Planning & Development Authority, Mohali (PUDA) in favour of OP No.1&2. It was also promised that the said area will be developed in a world class fashion and all world class facilities shall be provided. Induced by the rosy picture portrayed by OP No.3, the complainant booked one plot measuring 250 square yards with OP No.2 and made a payment of 12,50,000/- through cheques issued on 26.03.2012 and 11.04.2012. At the time of booking, the complainant was made to sign the proposal form for provisional registration. As per the payment schedule attached with the provisional registration form, the plot was booked at the rate of 14,500 per square yard plus CLU fees. As it was assured before booking that CLU has already been granted as such complainant was under bonefide impression that the rate of 14,500 per square yards include everything. The OP No.2 & 3 assured that the possession of the plot shall be given within one year and accordingly, the payment will be asked for. The complainant was also asked to pay 50,000/- on account of unexplained licence fee charges. On asking none of the parties were able to explain on which account licence fee was been charged.

3.                At the time of booking, it was assured that the project will start soon.  The complainant received a letter dated Nil intimating that layout plan has been submitted to appropriate authority for its approval. Again on 26.09.2013,