M/s Bajwa Developers Ltd. v. Dr. Manjit Kaur Sharma

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.

1. First Appeal No. 753 of 2016 Date of institution : 04.10.2016 Date of decision : 22.02.2017 M/s Bajwa Developers Ltd., Regd. Office, SCO 17-18, Sunny Enclave, Sector 125, Desu Majra, Kharar, Mohali through its Managing Director J.S. Bajwa. .Appellant-Opposite Party Versus Dr. Manjit Kaur Sharma D/o Gurbax Singh, resident of # 305-1A, Orchid Cooperative Housing Society, Patlipura Nagar, Oshiwara, Jogeshwari (W), Mumbai. ..Respondent-Complainant

2. First Appeal No. 754 of 2016 Date of institution : 04.10.2016 Date of decision : 22.02.2017 M/s Bajwa Developers Ltd., Regd. Office, SCO 17-18, Sunny Enclave, Sector 125, Desu Majra, Kharar, Mohali through its Managing Director J.S. Bajwa. .Appellant-Opposite Party Versus Pooja Khanna w/o Jatinder Khanna, resident of 560, Sector 4, Panchkula. ..Respondent-Complainant

3. First Appeal No. 755 of 2016 Date of institution : 04.10.2016 Date of decision : 22.02.2017 First Appeal No.753 of 2016 M/s Bajwa Developers Ltd., Regd. Office, SCO 17-18, Sunny Enclave, Sector 125, Desu Majra, Kharar, Mohali through its Managing Director J.S. Bajwa. .Appellant-Opposite Party Versus Rajan Vashisht son of B.R. Sharma, resident of # 1174, Sector 4, Panchkula. ..Respondent-Complainant First Appeals against the orders dated 7.6.2016 of the District Consumer Disputes Redressal Forum, Sahibzada Ajit Singh Nagar (Mohali). Quorum:- Honble Mr. Justice Paramjeet Singh Dhaliwal, President Shri J.S. Klar, Judicial Member Shri Harcharan Singh Guram, Member Present:- For the appellant : Shri P.C. Singla, Advocate. For the respondent : Shri A.S. Walia, Advocate. JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT: All the above mentioned First Appeals have been preferred against the different orders dated 7.6.2016 passed by District Consumer Disputes Redressal Forum, Sahibzada Ajit Singh Nagar (Mohali) (in short, District Forum) and are being decided by this common order, as common questions of law and facts, except some minor variations, here and there, are involved in these First Appeals. The facts are taken from First Appeal No.753 of 2016.

2. It would be apposite to mention at the outset that hereinafter the parties will be referred as have been arrayed before the District Forum. First Appeal No.753 of 2016

3. Brief facts, as stated in the complaint, are that the mother of the complainant, Mrs. Harinder Kaur, booked 1 BHK Flat No.(BR No.1748) 1848 in Village F21, Mohali, Sector 74-A, 117 measuring

450 square feet in the project being developed by the opposite party, for a total sale consideration of Rs.13,00,050/-, for the use of the complainant and an agreement dated 30.12.2011 was entered into between the mother of the complainant and the opposite party. After the death of the mother of the complainant, the flat was transferred in the name of the complainant and a new agreement dated 22.5.2012 was executed endorsing the transfer from previous agreement. The mother of the complainant had paid an amount of Rs.3,25,000/- to the opposite party, vide two cheques dated 6.12.2011 for Rs.1,00,000/- and cheque dated 21.12.2011 for Rs.2,25,000/-. The opposite party was to acquire the land and construct the flat as per the agreement but after taking Rs.3,25,000/- from the complainant the opposite party did nothing to build the promised flat and failed to start the project. In November 2014, the complainant visited the opposite party and asked about status of the flat and was shocked to know that the project has not been started. The complainant requested the opposite party to refund the money to which the opposite party refused. This act and conduct of the opposite party amount to deficiency in service and adoption of unfair trade practice by it.

4. In the written reply, the opposite party took preliminary objections that it has already filed suit for declaration regarding the agreement to sell before the Civil Court, hence, the present First Appeal No.753 of 2016 complaint deserves to be dismissed. The complainant is not a consumer as no flat was allotted to her till date. The complainant is estopped by her own act and conduct and is not competent to file the present complaint. The complainant has failed to pay the instalments as per the Agreement. There is no consumer-service provider relationship between the complainant and the opposite party. On merits the booking of the flat by the mother of the complainant and subsequent transfer of the same in favour of the complainant are admitted. While denying the other allegations it was pleaded that there is no date provided in the entire agreement for handing over the possession. The opposite party has not given any assurance to the complainant whatsoever regarding the date of possession of the said flat. The present complaint is baseless and flagrant abuse of the process of law to harass and blackmail it and is also frivolous, vexatious, wholly misconceived, groundless and unsustainable in law and is liable to be dismissed under Section 26 of the Consumer Protection Act, 1986 (in short, the Act).

5. Both the sides produced evidence in support of their respective averments before the District Forum, which after going through the same and hearing learned counsel on their behalf allowed the complaint, vide order dated 7.6.2016 with the following directions to the opposite party:- (a) to refund to the complainant the total deposited amount of Rs.3,25,000/- (Rs. Three Lac twenty five thousand only) with interest thereon @ 18% per annum from the respective dates of deposit till actual payment; First Appeal No.753 of 2016 (b) to pay to the complainant lump sum compensation of Rs.50,000/- (Rs. Fifty thousand only) for mental agony, harassment and costs of litigation.

6. We have heard the learned counsel for both the sides and have carefully gone through the records of the case.

7. It has been submitted by the learned counsel for the opposite party that the District Forum committed an illegality while allowing the complaint by ignoring the evidence produced on the record; from which it stands proved that the complainant herself was at fault in not depositing the instalments as per the Payment Schedule. Therefore, it cannot be held that there was any deficiency in service or that it adopted unfair trade practice. The fault, if any, was on the part of the complainant, who failed to deposit all the instalments as per Agreement.

8. On the other hand, it has been submitted by the learned counsel for the complainant that the opposite party was not having necessary sanctions and approvals in its favour and there was no sign of development or construction at the site. The opposite party could not receive the amount from the consumers without obtaining the necessary sanctions and approvals in respect of the project from the competent authorities. When there was no development or construction at the site, there was no question of payment of any further instalment to the opposite party. Hence, the District Forum has not committed any illegality or infirmity in allowing the present complaint. He prayed that there is no merit in this appeal and the same be dismissed with costs. First Appeal No.753 of 2016

9. We have given our thoughtful consideration to the contentions raised before us.

10. It would be apposite to refer to the relevant provisions of Punjab Apartment and Property Regulation Act, 1995 (in short, PAPRA), which are as follow:

3. General Liabilities of Promoter:- (1) Notwithstanding anything in any other law for the time being in the force, a promoter, who develops a colony or who constructs or intends to construct a building of apartments, shall, in all transactions with persons taking or intending to take a plot or an apartment on ownership basis, be liable to give or produce, or cause to be given or produced, the information and the documents mentioned hereinafter in this section. (2) A promoter who develops a colony or who constructs or intends to construct such building of apartments shall,- (a) make full and true disclosure of the nature of his title to the land on which such colony is developed or such building is constructed or is to be constructed, such title to the land having been duly certified by an attorney-at-law or an advocate of not less than seven years standing, after he has examined the transactions concerning it in the previous thirty years ; and if the land is owned by another person, the consent of the owner of such land to the development of the colony or construction of the building has been obtained; (b) make full and true disclosure of all encumbrances on such land, including any right, title, interest or claim of any party in or over such land; (c) give inspection on seven days, notice or demand,-

(i) of the layout of the colony and plan of development works to be executed in a colony as approved by the prescribed authority in the case of a colony; and

(ii) of the plan and specifications of the building built or to be built on the land as well as of the common areas and facilities and common services provided (including supply of electricity and water, sewerage and drainage systems, lifts, fire-fighting equipment), such plans and specifications being in accordance with the provisions of the building regulations, and approved by the authority which is required so to do under any law for the time being in force, indicating thereon what parts of the building and the appurtenant areas are intended to be kept as common areas and facilities in the case of apartments : Provided that the number and sizes of the apartments shall conform to such building regulations, and the area of an apartment shall not exceed such limit as may be fixed by the First Appeal No.753 of 2016 competent authority; (d) display or keep all the documents, plans and specifications or copies thereof referred to in clauses (a), (b) and (c) of this sub-section at the site and in his office and make them available for inspection to persons taking or intending to take a plot or an apartment and after the association is formed, he shall furnish the association a copy of these documents and of the sanctioned plan of the building; (e) disclose the nature of fixtures, fittings and amenities, including the provision for one or more lifts, provided or to be provided; (f) disclose on reasonable notice or demand, if the promoter is himself the builder, the prescribed particulars as respects the designs and the materials to be used in construction, and, if the promoter is not himself the builder, disclose all agreements entered into by him with the architects and contractors regarding the design, materials and construction of the building; (g) specify, in writing, the date by which possession of the plot or apartment is to be handed over and he shall hand over such possession accordingly; (h) except where there are no agreements about specific plots or apartments and allotment is made by draw of lots, prepare and maintain a list of plots or apartments with their numbers, the names and addresses of the parties who have taken or agreed to take plots or apartments, the price charged or agreed to be charged therefor, and the terms and conditions, if any, on which the plots or apartments are taken or agreed to be taken; Provided that the competent authority may direct that,-

(i) in the case of residential apartments, if the total number of apartments is one hundred or more, ten percent of the apartments; and

(ii) in the case of colony, if the total area of the colony is forty hectares or more, ten per cent of the area under residential plots and houses, be reserved for being sold or leased to such person belonging to such economically weaker section of society, in such manner and on such terms and conditions as may be prescribed;

(i) state in writing, the precise nature of and the terms and conditions governing the association to be constituted of persons who have taken or are to take the apartments; (j) not allow person to enter into possession until an occupation certificate required under any law is duly given by the appropriate authority under that law and no person shall take possession of an apartment until such occupation certificate is obtained; (k) make a full and true disclosure of all outgoings, including ground rent, if any, municipal or other taxes, charges for water and electricity, revenue assessment, First Appeal No.753 of 2016 interest on mortgages or other encumbrances, if any;

(l) give the estimated cost of the building and the apartments proposed to be constructed, or colony to be developed, and the manner in which escalation in such cost for valid reasons may be approved by mutual agreement ; (m) make a full and true disclosure of such other information and documents in such manner as may be prescribed; and (n) give on demand and on payment of reasonable charges true copies of such of the documents referred to in any of the clauses of this sub-section as may be prescribed.

4. Issuing of Advertisement or Prospectus:- (1) No promoter shall issue an advertisement or prospectus, offering for sale any apartment or plot, or inviting persons who intend to take such apartments or plots to make advances or deposits, unless,- (a) the promoter holds a certificate of registration under sub-section (2) of section 21 and it is in force and has not been suspended or revoked, and its number is mentioned in the advertisement or prospectus; and (b) a copy of the advertisement or prospectus is filed in the office of the competent authority before its issue or publication. (2) The advertisement or prospectus issued under sub- section (1) shall disclose the area of the apartments or plots offered for sale, title to the land, extent and situation of land, the price payable and in the case of colonies, also layout of the colony, the plan regarding the development works to be executed in a colony and the number and the validity of the licence issued by the competent authority under sub-section (3) of section 5, and such other matters as may be prescribed. (3) The advertisement or prospectus shall be available for inspection at the office of the promoter and at the site where the building is being constructed or on the land being developed into a colony, alongwith the documents specified in this section and in section 3. (4) When any person makes an advance or deposits on the faith of the advertisement or prospectus, and sustains any loss or damage by reason of any untrue statement included therein, he shall be compensated by,- (a) the promoter, if an individual; (b) every partner of the firm, if the promoter is a firm; (c) every person who is a director at the time of issue of the advertisement or prospectus, if the promoter is a company Provided, however, that such person shall not be liable if he proves that,- (a) he withdrew his consent to become a director before First Appeal No.753 of 2016 the issue of the advertisement or prospectus; or (b) the advertisement or prospectus was issued without his knowledge or consent, and on becoming aware of its issue, he forthwith gave reasonable public notice that it was issued without his knowledge or consent; or (c) after the issue of the advertisement or prospectus and before any agreement was entered into with buyers of plots or apartments, he, on becoming aware of any untrue statement therein, withdrew his consent and gave reasonable public notice of the withdrawal and of the reasons therefor. (5) When any advertisement or prospectus includes any untrue statement, every person who authorised its issue, shall be punished with imprisonment for a term which may extend upto one year or with fine which may extend upto five thousand rupees, or, with both, unless he proves that the statement was immaterial or that he had reason to believe and did upto the time of issue of the advertisement or prospectus believe that the statement was true.

5. Development of Land into Colony: (1) Any promoter, who desires to develop a land into a colony, shall make an application in the prescribed form alongwith the prescribed information and with the prescribed fee to the competent authority for grant of permission for the same and separate permission will be necessary for each colony. (2) On receipt of the application under sub-section (1), the competent authority, after making enquiry into the title to the land, extent and situation of the land, capacity of the promoter to develop the colony, layout of the colony, conformity of the development of the colony with the neighbouring areas, plan of development works to be executed in the colony and such other matters as it may deem fit, and after affording the applicant an opportunity of being heard and also taking into consideration the opinion of the prescribed authority, shall pass an order, in writing, recording reasons either granting or refusing to grant such permission. (3) Where an orders is passed granting permission under sub-section (2), the competent authority shall grant a licence in the prescribed form, after the promoter has furnished a bank guarantee equal to twenty five percent of the estimated cost of the development works certified by the competent authority and the promoter has undertaken to enter into an agreement in the prescribed form for carrying out completion of development works in accordance with the conditions of the licence so granted. (4) The licence granted under sub-section (3) shall be valid for a period of three years and will be renewable from First Appeal No.753 of 2016 year to year on payment of prescribed fee. (5) The promoter shall enter into agreement undertaking to pay proportionate development charges for external development works to be carried out by the Government or a local authority. (6) The competent authority shall determine the proportion in which, and the time within which, the estimated development charges referred to in sub-section (5) shall be paid to the State Government, or the local authority, as the case may be. (7) The promoter shall carry out and complete the development of the land in accordance with the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976) and other laws for the time being in force. (8) The promote shall construct or get constructed at his own cost schools, hospitals, community centres and other community buildings, on the land set apart for this purpose or transfer such land to the State Government either free of cost or upon payment of actual cost of developed land, as decided by the State Government, which shall be at liberty to transfer such land to any local authority or any person or institution on such terms and conditions as it may deem fit: Provided that if, having regard to the amenities which exist or are proposed to be provided in the locality, the competent authority is of the opinion that it is not necessary to provide one or more of such amenities, it may exempt the promoter from providing such amenities, either wholly or in part, on such terms and conditions as it may deem fit. (9) The promote shall, where the total area of the colony is forty hectares or more, reserve upto ten per cent of the area under residential plots and apartments as the competent authority may direct, for being sold or leased to such persons belonging to such economically weaker sections of society, in such manner and on such terms and conditions, as may be prescribed. (10) The promoter shall carry out all directions issued by the competent authority for ensuring due compliance of the execution of the layout and the development works therein and to permit the competent authority or any officer authorised by it to inspect such execution. (11) The promoter shall be responsible for the maintenance and up keep of all roads, open spaces, public parks and public health services until the date of transfer thereof, free of cost to the State Government or the local authority. (12) In the event of the promoter contravening any provisions of this act, or rules made thereunder or any conditions of the licence granted under sub-section (3) the competent authority may, after giving an opportunity of being heard, cancel the licence and enforce the bank guarantee First Appeal No.753 of 2016 furnished by the promoter under the said sub-section(3). (13) When a licence is cancelled under sub-section (12), the competent authority may itself carry out or cause to be carried out the development works, and after adjusting the amount received as a result of enforcement of bank guarantee, recover such charges as the competent authority may have to incur on the said development works from the promoter and the allottees in the manner prescribed as arrears of land revenue. (14) The liability of the promoter for payment of development charges referred to in-sub section (13) shall not exceed the amount the prompter has actually recovered from the allottees less the amount actually spent on such development works, and that of the allottees shall not exceed the amount which they would have to pay to the promoter towards the expenses of the said development works under the terms of the agreement of sale or transfer entered into between them: Provided that the competent authority may, recover from the allottees with their consent, an amount in excess or what may be admissible under the aforesaid terms of agreement of sale or transfer. (15) Notwithstanding anything contained in this Act, after development works have been carried out under sub-section (13), the competent authority may, with a view to enabling the promoter, to transfer the possession of, and the title to, the land to the allottees within a specified time, authorise the promoter by an order to receive the balance amount, if any, due from the allottees after adjustment of the amount which may have been recovered by the competent authority towards the cost of the development works and also transfer the possession of, and the title to, the land to the allottees within aforesaid time and if the promoter fails to do so, the competent authority shall on behalf of the promoter transfer the possession of, and the title to, the land to the allottees on receipt of the amount which was due from them. (16) After meeting the expenses on development works under sub-section (13), the balance amount shall be payable to the promoter.

6. Contents of Agreement of Sale:- (1) Notwithstanding anything contained in any other law for the time being in force, a promoter who intends to construct or constructs a building of apartments, all or some of which are to be taken or are taken on ownership basis, or who intends to offer for sale plots in a colony, shall, before he accepts any sum of money as advance payment or deposit, which shall not be more than twenty five per cent of the sale price, enter into a written agreement for sale with each of such persons who are to take or have taken such apartments, First Appeal No.753 of 2016 or plots, as the case may be, and the agreement shall be in the prescribed form together with prescribed documents and shall be registered under the Registration Act, 1908 (Central Act no. 16 of 1908) ; Provided that, if only a refundable application fee is collected from the applicant before draw of lots for allotment, such agreement will be required only after such draw of lots. (2) The promoter shall not cancel unilaterally the agreement of sale entered into under sub-section (1) and if he has sufficient cause to cancel it, he shall give due notice to the other parties to the agreement and tender a refund of the full amount collected togetherwith interest at the rate as may be prescribed. (3) The agreement to be prescribed under sub-section (1) shall contain inter alia the particulars as hereunder specified in clause (a) in respect of apartments and as specified in clause (b) in respect of plots in a colony and to such agreement shall be attached the copies of the documents specified in clause (c),- (a) the particulars in the case of apartment,-

(i) if the building is to be constructed, the liability of the promoter to construct the building according to the plans and specifications approved by the authority which is required so to do under any law for the time being in force;

(ii) the date by which the possession of the apartment is to be handed over to the allottee;

(iii) the area of the apartment including the area of the balconies which should be shown separately:

(iv) the price of the apartment including the proportionate price of the common areas and facilities which should be shown separately, to be paid by the allottee of the apartment and the intervals at which the instalments thereof may be paid;

(v) the precise nature of the association to be constituted of the persons who have taken or are to take the apartments;

(vi) the nature, extent and description of the common areas and facilities and the limited common areas and facilities, if any;

(vii) the percentage of undivided interest in the common areas and facilities and in the limited common areas and facilities, if any, appertaining to the apartment agreed to be sold, such percentage shall be the ratio of the built-up area of the apartment to the total built-up area of all the apartments;

(viii) the statement of the use for which the apartment is intended and restrictions on its use, if any; (b) particulars in the case of plots in a colony,-

(i) the date by which the possession of the plot is to be handed over to allottee;

(ii) the area and price of the plot; and

(iii) the statement of the use for which the plot is intended First Appeal No.753 of 2016 and restriction on its use, if any; (c) the copies of documents to be attached with the agreement,-

(i) the certificate by an attorney-at-law or advocate referred to in clause (a) of sub-section(2) of section 3;

(ii) certified copy from any relevant revenue record showing the nature of the title of the promoter to the plot or the land on which the building of apartments is constructed or is to be constructed ; and

(iii) the plans and specifications of the apartment as approved by the authority which is required so to do under any law for the time being in force.

9. Accounts of sums taken by promoter:- The promoter shall maintain a separate account in any scheduled bank of sums taken by him from persons intending to take or who have taken apartments or plots, as advance, towards sale price or for any other purpose, or, deposit, including any sum so taken towards the share capital for the formation of a co-operative society or a company, or towards the outgoings(including ground rent, if any, municipal or other local taxes. charges for water or electricity, revenue assessment, interest on mortgages or other encumbrances, if any, stamp duty and registration fee for the agreement of sale and the conveyance); and the promoter shall hold the said moneys for the purposes for which they were given and shall disburse the moneys for those purposes including for the construction of apartments and, in the case of colonies, for meeting the cost of development works, and shall on demand, in writing, by the competent authority make full and true disclosure of all transactions in respect of that account and shall not utilize for any other purpose the amounts so collected for a particular purpose.

12. Refund of Amount:-If the promoter,- (a) fails to give possession, in accordance with the terms of his agreement, of a plot or an apartment duly completed by the date specified, or any further date agreed to by the parties; or (b) for reasons beyond his control and of his agents, is unable to give possession of the plot or the apartment by the date specified, or the further agreed date; the promoter shall be liable on demand, but without prejudice to any other remedies to which he may be liable, to refund the amounts already received by him in respect of that plot or apartments with simple interest at the rate as may be determined by the competent authority from the date the promoter received the sums till the date the amounts and interest thereon is refunded, and the amounts and the interest shall be a charge on the land on which a plot is to developed, or a building is or First Appeal No.753 of 2016 was to be constructed and the construction, if any, thereon shall be subject to any prior encumbrances.

11. Thereafter, Punjab Apartment and Property Regulation Rules, 1995 were framed under Section 45 of the PAPRA and according to Rules 7 and 8 thereof, it has been provided as under:-

7. Disclosure regarding registration and licence The promoter shall disclose the number of his certificate of registration granted under sub-section (2) of section 21 and, in the case of a colony, also the validity of licence issued under sub-section (3) of section 5 and display the certificate of registration and the licence so granted at a conspicuous place in his office and make it available for inspection to the persons taking or intending to take an apartment or a plot in the colony and to a person authorized by the competent authority.

8. Supply of copies of documents. - The promoter on demand shall supply true copies, on payment of reasonable charges, of the following documents, namely :- (a) Title deed of land, certificate of the attorney at-law or an advocate of not less than seven years standing, referred to in clause (a) of sub-section (2) of section 3 and copies of the advertisement issued under section 4; (b) Copy of the consent of the land owner, if the land does not belong to the promoter as referred to in clause (a) of sub- section (2) of section 3; (c) Design of apartment, agreement with an architect and a contractor, referred to in clause (f) of sub-section (2) of section (d) Copy of occupation certificate referred to in section 14; (e) Certificate of registration granted under sub-section (2) of section 21 and in case of colony, the permission granted under sub-section (2) of section 5.

12. The opposite party had been collecting huge amounts from the buyers for the development of the Project. The amount received from the complainant-buyer was required to be deposited in the schedule Bank, as per section 9 of papra and we wonder where that amount had been going. It is not to play the game at the cost of others. When it insists upon the performance of the promise by the First Appeal No.753 of 2016 consumers, it is to be bound by the reciprocal promises of performing its part of the Agreement.

13. The opposite party has not produced on record any evidence on the basis of which it may be concluded that the necessary permissions/sanctions as per the PAPRA have been obtained by it from GMADA and other authorities. No doubt, it is not mentioned in the Agreement Ex.C-1 as to on which date the possession of the plot was to be delivered, however, the opposite party was to obtain necessary permissions/sanctions from the concerned authorities before the development of the Project, allotment of the flats to the consumers and collecting the money from them. Admittedly the opposite party was not having proper sanctions and approvals in its favour on the date when the agreement Ex.C-1 was signed between the parties. Thus, the opposite party violated the provisions of the PAPRA. The District Forum has rightly relied upon the judgment of the Honble National Commission in Kamal Sood v. DLF Universal Ltd., 2007(2) CLT 440 in which it has been held that a builder/developer collecting money from the consumers without having proper and necessary sanctions in its favour from the competent authorities has indulged into unfair trade practice. There is no illegality or perversity in the order of the District Forum.

14. In view of our above discussion, we do not find any merit in this appeal and the same is hereby dismissed. Costs made easy.

15. The sum of Rs.25,000/- deposited at the time of filing of the appeal (FA No.753 of 2016) along with interest which has accrued thereon, if any, shall be remitted by the registry to the First Appeal No.753 of 2016 respondent/complainant by way of a crossed cheque/demand draft after the expiry of 45 days of the sending of certified copy of the order to them. First Appeal No.754 of 2016:

16. In this case, the complainant booked the flat with the opposite party and paid an amount of Rs.3,31,000/- to the opposite party vide two cheques dated 23.1.2012 for Rs.1,00,000/- and cheque dated 7.2.2012 for Rs.2,31,000/-. The opposite party took the same stand in its reply as has been taken in First Appeal No.753 of 2016. The District Forum allowed the complaint, vide order dated 7.6.2016 and ordered refund of the amount of Rs.3,31,000/- along with interest @ 18% per annum and lump sum compensation of Rs.50,000/- for mental agony, harassment and costs of litigation.

17. In view of the discussion held in First Appeal No.753 of 2016, this appeal (FA No.754 of 2016) is also dismissed. Costs made easy.

18. The sum of Rs.25,000/- deposited at the time of filing of the appeal (FA No.754 of 2016) along with interest which has accrued thereon, if any, shall be remitted by the registry to the respondent/complainant by way of a crossed cheque/demand draft after the expiry of 45 days of the sending of certified copy of the order to them. First Appeal No.755 of 2016:

19. In this case, the complainant booked the flat with the opposite party and paid an amount of Rs.3,25,000/- to the opposite party vide two cheques dated 6.12.2011 for Rs.1,00,000/- and cheque dated First Appeal No.753 of 2016 12.2.2011 for Rs.2,25,000/-. The opposite party took the same stand in its reply as has been taken in First Appeal No.753 of 2016. The District Forum allowed the complaint, vide order dated 7.6.2016 and ordered refund of the amount of Rs.3,25,000/- along with interest @ 18% per annum and lump sum compensation of Rs.50,000/- for mental agony, harassment and costs of litigation.

20. In view of the discussion held in First Appeal No.753 of 2016, this appeal (FA No.755 of 2016) is also dismissed. Costs made easy.

21. The sum of Rs.25,000/- deposited at the time of filing of the appeal (FA No.755 of 2016) along with interest which has accrued thereon, if any, shall be remitted by the registry to the respondent/complainant by way of a crossed cheque/demand draft after the expiry of 45 days of the sending of certified copy of the order to them. (JUSTICE PARAMJEET SINGH DHALIWAL) PRESIDENT (J.S. KLAR) JUDICIAL MEMBER (HARCHARAN SINGH GURAM) MEMBER February 22, 2017 Bansal First Appeal No.753 of 2016