First Appeal No. 328 of 2015. Case: Arvinder Singh and Ors. Vs Patiala Urban Planning and Development Authority and Ors.. Chhattisgarh State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. 328 of 2015
Party NameArvinder Singh and Ors. Vs Patiala Urban Planning and Development Authority and Ors.
CounselFor Appellant: Anish Garg, Advocate and For Respondents: R.S. Modi, Advocate
JudgesJ.S. Klar, (Presiding Member (J)) and Surinder Pal Kaur, Member
IssueConsumer Protection Act, 1986 - Sections 11, 12; Limitation Act, 1963 - Section 14
Judgement DateApril 07, 2017
CourtChhattisgarh State Consumer Disputes Redressal Commission

Order:

J.S. Klar, (Presiding Member (J)), (Chandigarh)

  1. The appellants challenged the order dated 16.02.2015 of District Forum Patiala, dismissing their complaint. The appellants are complainants in the complaint and respondents of this appeal are opposite parties before District Forum in the original complaint and they be referred as such, hereinafter for the sake of convenience.

  2. The complainants have filed the complaint U/s 12 of The Consumer Protection Act, 1986 (in short, "the Act") against the OPs on the averments, that they are allottees/re-allottees of plots in MEGA TOWNSHIP, Patiala Development Authority, Omaxe City Baran Sirhand Road, Patiala. The complainants No. 1 and 2 are the re-allottees of plot No. E-143, complainant No. 3 is the re-allottee of plot No. A-130 and complainant No. 4 is the re-allottee of plot No. D-83 in respect of plots situated in MEGA Township Patiala Development Authority Patiala. The terms and conditions thereof were incorporated in the application for allotment of the plots. In the brochure issued by OPs at the time of booking, it was stated that the possession of the plots would be delivered to the allottees/re-allottees within two years from the date of allotment and it was further provided under clause 17 of the terms and conditions of the brochure, in case the possession of the plots was delayed beyond two years from the date of the allotment, all the liabilities and responsibilities shall be borne by Omaxe Ltd. i.e. OP No. 3. But, OPs failed to deliver the possession of the plots to them within the stipulated period of two years from the date of the allotment and rather a period of seven years had elapsed from the date of the booking of the plots. It was further averred in the complaint that in the month of May 2014, the OPs issued a letter to them demanding Rs. 500/- per sq. yards towards escalated price of the plots and also demanded, that amount be deposited within 30 days from the date of the issuance of letter by OP No. 2. The price was escalated on account of the enhancement of the compensation of the land acquired by State Government. The said demand raised by OP No. 2 is wrong and illegal. It was further averred that after receipt of the demand letters, the complainants approached the Ops and requested them to provide the details of the compensation and as to how the amount of Rs. 500 per sq. yards had been calculated and who disclosed that the same was calculated against the area of 5,62,289 sq. yards. The said criteria adopted by the OPs is not correct because civil court enhanced the compensation in respect of the entire land i.e. 336.5 acres (16,28,660 sq. yards). The compensation paid by OPs No. 1 and 2 is approximately Rs. 28 crores...

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