First Appeal No. 873 of 2016. Case: Janta Land Promoters Pvt. Ltd. Vs Anil Kumar Mittal. Punjab State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. 873 of 2016
CounselFor Appellant: Abhinav Gupta, Advocate
JudgesGurcharan Singh Saran, (Presiding Member (J))
IssueConsumer Protection Act, 1986 - Sections 11, 12, 15, 2(i) (d)
Judgement DateJanuary 09, 2017
CourtPunjab State Consumer Disputes Redressal Commission


Gurcharan Singh Saran, (Presiding Member (J)), (Chandigarh)

  1. This appeal has been preferred by appellant/opposite party (hereinafter referred as 'OP') under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'Act') against the order dated 24.10.2016 in C.C. No. 13 of 05.01.2015 passed by the learned District Consumer Disputes Redressal Forum, S.A.S. Nagar, Mohali (in short the 'District Forum') vide which the complaint filed by the complainant/respondent (hereinafter referred as 'complainant') was allowed with directions to OP to refund a sum of Rs. 14,30,029/-, alongwith interest @ 12% per annum w.e.f. 17.12.2013 till actual payment. They were further directed to pay Rs. 25,000/- on account of compensation and Rs. 5,000/- as litigation expenses.

  2. Complainant filed the complaint under sections 11 & 12 of the Act against OP on the averments that the complainant booked 4 BHK corner apartment No. H-1301 of 3007 sq. feet facing green @ Rs. 3725/- per sq. feet costing of Rs. 1,12,01,075/- towards basic price. After adding PLC, IFMC, Club Charges, Power Back-up Charges and Parking charges, the total consideration was Rs. 1,22,63,332/- in their 'Falcon View Apartments' approved by government in their 'Super Mega Mixed Use Integrated Industrial Park Project' in Sector 66A, 82 and 83, S.A.S. Nagar, Mohali. As desired by OP, the complainant paid a sum of Rs. 11,56,638/- vide cheque No. 593756 dated 22.09.2012. OP further demanded 15% price of the apartment vide its letter dated 5526 dated 07.12.2012 and a sum of Rs. 16,80,161/- was paid vide cheque No. 712903 dated 19.12.2012. On payment of 25% of the price, the parties entered into an agreement on 04.01.2013 and OP issued an allotment letter No. 416-418 dated 16.01.2013 in which it was stated that construction work has already started and further demanded 10.44% of the sale price amounting to Rs. 11,68,607/- alongwith service tax and a sum of Rs. 12,04,720/- paid on 05.02.2013 vide cheque No. 712910 dated 05.02.2013. In this way, he had paid a sum of Rs. 40,41,519/-. As per payment schedule given by OP, the complainant was to make the payment as under:-

    However, OP did not complete the basement roof slab as given in the allotment letter upto 15.02.2013. Then OP unilaterally revised the schedule of construction linked schedule and it was intimated to the complainant vide their letter dated 3225-26 dated 08.05.2013 and revised schedule was given as under:-

    Unilaterally change of payment schedule is illegal. Even that schedule was not adhered to. Consequent upon failure of OP to adhere to its own revised schedule, the complainant decided to get the booking of the apartment in question cancelled and demanded refund of the amount paid by the complainant to OP. As per the intimation received from OPs vide their letter dated 07.11.2013, OP had completed the casting of basement roof whereas it was required to be...

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