ORDER

For Tricity Media Cooperative       : Mr. D. V. Sharma, Sr. Advocate

House Building Society Limited     : Mr. Vikas Kuthiala, Advocate

For Amit Mahajan                          : Mr. Vivek Gupta, Advocate

                                                      : Mr. Deeraj Mahajan, Advocate

For Kuwinder Singh                       : Mr. Ritesh Khare, Advocate

For Lal Chand                                : Mr. Praveer Singh, Advocate

Pronounced on: 09.07.2024

JUDGEMENT

1.      Heard Mr. D. V. Sharma, Sr. Advocate assisted by Mr. Vikas Kuthiala, Advocate, for the Tricity Media Cooperative House Building Society Limited, Mr. Vivek Gupta, Advocate, for Amit Mahajan, Mr. Ritesh Khare, Advocate, for Kulwinder Singh and Mr. Praveer Singh, Advocate, for Lal Chand.

2.      The Tricity Media Cooperative House Building Society Limited has filed FA/867/2020 (against the order dated 28.01.2020 passed in CC/748/2019), FA/868/2020 (against the order dated 19.02.2020 passed in CC/870/2019) and FA/689/2021 (against the order dated 20.04.2021 passed in CC/918/2019) of State Consumer Disputes Redressal Commission, Punjab, allowing the complaints and directing the appellant society to deliver possession of the plots allotted to the complainants and pay delay compensation or in alternative, to refund their money with interest @12% per annum, from the date of deposit till the date of payment, and compensation for mental agony and harassment. Lal Chand has filed FA/808/2021 (against the order dated 20.04.2021 passed in CC/918/2019) as his payments vide receipts EX C-3, EX C-5, EX C-8 and EX C-10 have been disbelieved and he also prayed for additional litigation cost.

3.      The office has reported that FA/867/2020 is 267 days time barred. The appellant has filed IA/4597/2021, for condoning the delay in filing the appeal. The office has reported that FA/868/2020 is 273 days time barred. No application for condonation of delay has been filed in FA/868/2020. The office has reported that FA/689/2021 is 28 days time barred. The appellant has filed IA (not numbered), for condoning the delay in filing the appeal. The office has reported that FA/808/2021 is 158 days time barred. The appellant has not filed any application, for condoning the delay in filing FA/808/2021.

          As Supreme Court in Suo Moto Writ Petition No.3 of 2020, waived the limitation from 15.03.2020 till 29.05.2022 due to pandemic Covid-19 as such all the appeals are treated as filed within limitation.   

4.      The Tricity Media Cooperative House Building Society Limited (the society) was a cooperative housing society, registered under the Punjab Cooperative Societies Act, 1961, basically formed by media professionals for the purposes of providing developed residential plot to its members in Mohali. The society obtained 25 acres land in Sector 113, Mohali for developing residential plots of the sizes of 200 sq. yards, 300 sq. yards and 500 sq. yards. Tentative cost of developed plot was fixed at @Rs.9000/- per sq. yard. However, final cost had to be determined after obtaining permission for change of land use. At initial stage, the members were required to deposit 10% of the tentative cost of their plot by 25.01.2011, 20% by 25.02.2011, 30% by 25.03.2011 and 40% by 25.05.2011. Allotment of the plot in each category had to be made by lottery draw, after development. The vintage plot had to be charges slightly higher rate than the other plots. It was decided that till May, 2011, permission for ‘change of land use’ would be obtained and development process would be started.

5.      Amit Mahajan filed CC/748/2019 for directing the society to (i) handover possession of a developed residential plot of 200 square yard, in Sector 113, SAS Nagar, Mohali; or in alternative (ii) refund his money with interest @18% per annum from the date of respective deposit till the date of refund; (iii) pay Rs.300000/- as litigation costs; and (iv) any other relief, which is deemed fit in the facts of the case. The