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Smart Summary

Structured Summary of the Opinion: Consumer Complaints Nos. 515/2018 and Connected Matters

Factual and Procedural Background

Fifteen consumer complaints filed under Section 17 of the Consumer Protection Act, 1986 ("the Act") challenged allotment of plots/flats in the Sky Rock City Welfare Society project (opposite party No.1) and related conduct of its President Navjeet Singh (opposite party No.2) and, in some matters, other persons/entities. The complaints allege that complainants became members of the Society by paying membership fees and substantial sums towards allotted plots (including EDC and IDC), but the Society failed to develop the project and did not deliver physical possession within the contractual/stipulated time. The complainants sought either delivery of physical possession (with completion/occupation certificate and execution of sale deed) or, in the alternative, refund of the amounts paid with interest and compensation.

In many of the matters the President (opposite party No.2) was produced in custody. The opposite parties sought time to file replies, but on 06.02.2019 the defence of opposite parties was struck off for failure to deposit costs and to file the reply. The Commission heard evidence filed by complainants (self-attested affidavits and documents identified as Ex.C‑1 to Ex.C‑ etc.) and proceeded to decide the complaints collectively, taking Consumer Complaint No.515 of 2018 as the lead matter because the facts and legal questions were the same.

Legal Issues Presented

  1. Whether the opposite parties (Sky Rock City Welfare Society and its President/authorized persons) were deficient in providing the service of allotment/development and delivery of possession of plots (i.e., whether there was deficiency in service and unfair trade practice under the Act).
  2. Whether the opposite parties violated provisions of the Punjab Apartment and Property Regulation Act, 1995 (PAPRA) (explicitly Sections 3, 5, 9 and 12 were found to have been violated in the opinion).
  3. What reliefs are permissible: (a) specific performance by way of delivery of physical possession, completion/occupation certificate and execution of sale deed; or (b) refund of amounts paid with interest and compensation for mental agony and litigation cost.
  4. Appropriate rate and period for payment of interest and the quantum of compensation to be awarded to each complainant in the circumstances of these complaints.

Arguments of the Parties

Complainants' Arguments

  • They were induced by representations of the Society to become members and to book residential plots; they paid membership fees and large sums towards the price of allotted plots, EDC and IDC.
  • Provisional allotment letters were issued, with stipulated timelines for delivery of possession (Clause 13 of the provisional allotment letter specifying delivery within 36 months subject to force majeure).
  • The Society failed to develop the site and deliver possession within the stipulated period, kept collecting instalments, and in some cases issued different provisional allotment letters reallocating plots — conduct said to amount to unfair trade practice and deficiency in service.
  • They relied on documents and receipts (variously numbered Ex.C‑1 to Ex.C‑ etc.) and submitted that opposite parties had violated PAPRA and had been unable to deliver possession; some complainants also relied on news/reports of arrest of the President and GMADA action.
  • Remedies claimed: actual physical possession with completion/occupation certificate and sale deed; alternatively, refund of amounts deposited with interest and compensation for harassment, mental agony and litigation costs.

Opposite Parties' Arguments

  • Opposite parties Nos.1 & 2 largely failed to file substantive replies when directed; their counsel sought time but ultimately their defence was struck off for non-compliance.
  • Opposite party No.3 (GMADA) filed a separate reply asserting no direct relationship of consumer and service provider with complainants, that EDC is charged from the promoter (not allottees), and that many of the issues were inter se disputes between complainants and the Society; GMADA produced evidence of inspections and stated actions it had taken (including cancellation of licence) and asked that the complaints against GMADA be dismissed.
  • Opposite party No.4 (Ravi Tyagi) contended there was no contractual relationship, that he joined the Society only in 2015 and had left; he argued an agent is not personally liable for acts of the principal. He filed his own affidavit but produced little corroborative documentary proof of resignation or cessation of role.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Consumer Complaint No.141 of 2017 (Mohinder Singh v. Sky Rock City Welfare Society Regd.) decided 21.12.2017 Earlier decision disposing identical consumer complaints involving Sky Rock City project. The court noted the present matters are squarely covered by that order and proceeded to decide the present complaints in view of that earlier order.
Consumer Complaint No.201 of 2017 (Paramjit Singh v. The Sky Rock City Welfare Society Regd. and others) decided 21.12.2017 Earlier decision disposing identical consumer complaints involving Sky Rock City project. The court relied on the reasoning in that earlier order and treated the present complaints as falling within the same legal conclusions.
Consumer Complaint No.917 of 2017 (Ajit Singh v. The Sky Rock City Welfare Society Regd.) decided 23.01.2018 Earlier decision disposing similar complaints in the same subject-matter. The court held the present complaints were covered by that earlier decision and applied the same outcome.
Consumer Complaint No.1108 of 2017 (Manjit Singh v. M/s Sky Rock City Welfare Society Regd.) decided 20.09.2018 Previous Commission decision on identical/similar factual matrix concerning the Society's project. Present complaints were decided in view of the orders passed in this case.
Consumer Complaint No.1109 of 2017 (Amarjit Kaur v. M/s Sky Rock City Welfare Society Regd.) decided 20.09.2018 Earlier disposition of like complaints against the same promoter/society. The court treated the present matters as covered and adopted the conclusions of that earlier decision.
Consumer Complaint No.446 of 2018 (Charanjit Singh v. M/s Sky Rock City Welfare Society Regd.) decided 11.10.2018 Commission's prior adjudication on similar complaints against Sky Rock City Welfare Society. The court held the legal position established there applied equally to the present complaints.
Consumer Complaint No.447 of 2018 (Hemjeet Singh v. M/s Sky Rock City Welfare Society Regd.) decided 11.10.2018 Prior ruling on substantially identical facts and legal questions regarding the Society's project. The court found the present matters squarely covered and proceeded to decide them accordingly.

Court's Reasoning and Analysis

The Commission's analysis proceeded along the following lines (as expressly stated in the opinion):

  1. Factual findings: Complainants produced membership receipts, provisional allotment letters and receipts evidencing payment (Ex.C series). The Commission accepted the complainants' documentary evidence and noted that the opposite parties issued multiple provisional allotment letters reallocating plots, collected instalments including EDC/IDC, and in many cases closed offices or were not in a position to perform.
  2. Procedural consequence of non‑reply: The opposite parties repeatedly sought time to file replies but ultimately failed to comply with conditions (including deposit of costs). The defence was struck off by order dated 06.02.2019. The Commission applied the principle that where no reply is filed the averments in the complaint are deemed admitted and an adverse inference may be drawn; thus the complainants' evidence remained unrebutted.
  3. Legal characterization: On the admitted facts the Commission concluded there was deficiency in service and unfair trade practice by the Society and its principal actors. It found that amounts paid by complainants had been utilised by the opposite parties (treated as trust money used for earning profits) and that the Society had not obtained necessary sanctions/permissions as required by PAPRA.
  4. Specific statutory findings: The Commission expressly held that the opposite parties violated provisions of the Punjab Apartment and Property Regulation Act, 1995 — specifically Sections 3, 5, 9 and 12 — insofar as they launched the scheme and collected money without necessary approvals and compliance.
  5. Remedies and legal principles applied:
    • The Commission emphasized the benevolent object of the Consumer Protection Act, 1986 and applied established principles that builders/promoters are under an obligation to deliver possession within a reasonable/stipulated period and that compensation should be just, fair and commensurate with loss.
    • Where delivery is possible, the Commission directed specific performance in the form of delivering physical possession complete with agreed facilities/amenities, completion/occupation certificate and execution of sale deed; in many orders this relief was made subject to payment of any remaining sale consideration by complainants (without interest/penalty) where applicable.
    • As an alternative, if the opposite parties failed to deliver possession they were ordered to refund the amounts deposited by complainants with interest at the rate of 12% per annum from specified dates until realization (the Commission referred to Section 12 of PAPRA read with Rule 17 for the 12% interest prescription where refund is ordered).
    • Compensation for harassment and mental agony and litigation costs was awarded in quantified sums (the amounts varied by complaint and are set out in the individual findings).
  6. Application across multiple complaints: Having identified the same factual matrix and legal questions, the Commission applied the same reasoning and relief structure to each of the connected complaints, with the monetary figures, dates and quantum of compensation adjusted to the evidence particular to each complainant (receipts, dates of membership/allotment and amounts deposited).
  7. Treatment of GMADA and other respondents: GMADA (opposite party No.3) presented a different case and evidence (inspections, notices, cancellation of licence, and actions taken). The Commission found no deficiency on the part of GMADA in at least one matter and dismissed the complaint against GMADA in that instance, observing that refunds of amounts deposited with GMADA were not claimed or proved and that GMADA's role was regulatory rather than that of a service provider to the complainants.
  8. Agents and authorized signatories: In respect of an opposite party who claimed to be an agent or to have left the Society, the Commission examined documentary evidence (receipts bearing his signature, sale deeds signed by him as authorized signatory) and concluded that he was managing day‑to‑day affairs as GPA/authorized signatory and therefore could not be exonerated from liability.

Holding and Implications

CORE RULING: The Commission allowed the complaints against Sky Rock City Welfare Society and its principal actors in the connected matters and issued directions that, depending on the complaint:

  • Opposite parties shall deliver physical possession of the allotted plot to the complainant complete in all respects with agreed facilities/amenities and a Completion/Occupation Certificate from the competent authority and execute the Sale Deed in favour of the complainants (frequently subject to payment by complainants of any remaining sale consideration without interest/penalty where applicable).
  • Alternatively, in case opposite parties fail to comply with the directions to deliver possession and execute the sale deed, they shall refund the entire amount deposited by each complainant along with interest at the rate of 12% per annum from specified dates of deposit till realization.
  • Opposite parties were ordered to pay specified sums as compensation for harassment and mental agony (amounts varied complaint by complaint) including cost of litigation.
  • Where appropriate, interest on refund obligations was to be calculated from individualized dates (three years after allotment/registration or respective dates of deposit as specified in the individual orders).

Direct Effects: Each named complainant is entitled either to the delivery of the allotted plot with completion/occupation certificate and sale deed or, in the alternative, to refund of amounts paid with interest and statutory compensation as specified in the individual disposals. In at least one matter the complaint was dismissed against GMADA (opposite party No.3) on the basis that GMADA had no role as a service provider vis‑à‑vis the complainants and had taken regulatory steps; in other matters GMADA's regulatory actions were recorded but the primary reliefs were directed at the Society and its principal actors.

Broader implications: The opinion largely applies and relies upon prior Commission decisions on identical or substantially similar facts (see cited earlier consumer complaints). The opinion does not purport to lay down a new legal precedent beyond applying established consumer protection principles and PAPRA violations to the facts; the orders operate primarily as reliefs in the specific cases before the Commission.

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    Harpreet Singh v. Sky Rock City Welfare Society

    STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

    1) Consumer Complaint No.515 of 2018 Date of institution : 20.06.2018 Date of decision : 26.02.2019

    1. Harpreet Singh son of Sh. Baljit Singh;

    2. Paramjit Kaur daughter of Sh. Gurdev Singh; Both residents of H.No.3408, Sector 70, Mohali. .Complainants Versus

    1. Sky Rock City Welfare Society (Regd.) Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali, through its President Navjeet Singh.

    2. Navjeet Singh, President of Sky Rock City Welfare Society 672, 668, Top Floor, Sector 70, S.A.S. Nagar (Mohali). (Presently confined in District Jail Ropar with a prayer to serve the opposite parties, through Superintendent of District Jail, Ropar.) .Opposite Parties

    2) Consumer Complaint No.516 of 2018 Date of institution : 20.06.2018 Date of decision : 26.02.2019 Parvinder Pal Kaur wife of Sh. Harminder Singh, Resident of # 1447/12, Phase-11, Mohali, Punjab. .Complainant Versus

    1. Sky Rock City Welfare Society (Regd.) Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali, through its President Navjeet Singh.

    2. Navjeet Singh, President of Sky Rock City Welfare Society 672, 668, Top Floor, Sector 70, S.A.S. Nagar (Mohali). (Presently confined in District Jail Ropar with a prayer to serve the opposite parties, through Superintendent of District Jail, Ropar) .Opposite Parties Consumer Complaint No.515 of 2018 2

    3) Consumer Complaint No.517 of 2018 Date of institution : 20.06.2018 Date of decision : 26.02.2019 Shyam Sunder Chadha S/o Sh. Ram Lal Chadha, presently resident of H.No.626, Sector 91, JLPL, Mohali, Punjab, 140308. .Complainant Versus

    1. Sky Rock City Welfare Society (Regd.) Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali, through its President Navjeet Singh.

    2. Navjeet Singh, President of Sky Rock City Welfare Society 668, Top Floor, Sector 70, S.A.S. Nagar (Mohali). (Presently confined in District Jail Ropar with a prayer to serve the opposite parties, through Superintendent of District Jail, Ropar.) .Opposite Parties

    4) Consumer Complaint No.518 of 2018 Date of institution : 20.06.2018 Date of decision : 26.02.2019 Surjeet Singh S/o Sh. Partap Singh, Resident of H.No.443, First Floor, Phase 1, Mohali, Punjab. .Complainant Versus

    1. Sky Rock City Welfare Society (Regd.) Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali, through its President Navjeet Singh.

    2. Navjeet Singh, President of Sky Rock City Welfare Society 672, 668, Top Floor, Sector 70, S.A.S. Nagar (Mohali). (Presently confined in District Jail Ropar with a prayer to serve the opposite parties, through Superintendent of District Jail, Ropar) .Opposite Parties

    5) Consumer Complaint No.519 of 2018 Date of institution : 20.06.2018 Date of decision : 26.02.2019 Consumer Complaint No.515 of 2018 3 Roshan Lal son of Late Sh. Ram Lal, Resident of H.No.926, Village Awankha, Tehsil and District Gurdaspur, Punjab. .Complainant Versus

    1. Sky Rock City Welfare Society (Regd.) Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali, through its President Navjeet Singh.

    2. Navjeet Singh, President of Sky Rock City Welfare Society SCO 668, Top Floor, Sector 70, S.A.S. Nagar (Mohali). (Presently confined in District Jail Ropar with a prayer to serve the opposite parties, through Superintendent, District Jail, Ropar)

    3. Harpreet Singh, Director, C/o Kohli Real Estate, 925/3, Khalsa Mohalla, District Patiala, Punjab. .Opposite Parties

    6) Consumer Complaint No.520 of 2018 Date of institution : 20.06.2018 Date of decision : 26.02.2019 Bhag Singh resident of Village Mannauli, Tehsil and District SAS Nagar. .Complainant Versus

    1. Sky Rock City Welfare Society, SCO 672, First Floor, Sector 70, S.A.S. Nagar through its President.

    3. Navjeet Singh, President, Sky Rock City Welfare Society, SCO 672, First Floor, Sector 70, S.A.S. Nagar (presently lodged in Central Jail, Ropar). .Opposite Parties

    7) Consumer Complaint No.693 of 2018 Date of institution : 28.08.2018 Date of decision : 26.02.2019 Balwant Singh Garcha S/o late Sh. Bhagwan Singh, R/o H.No.950, Phase-4, Mohali. .Complainant Versus

    1. The Sky Rock City Welfare Society, Site Office, Sector 111-112, Mohali, through its President/Vice President/Secretary/Treasurer/ Authorized Representative. .Opposite Party Consumer Complaint No.515 of 2018 4

    8) Consumer Complaint No.773 of 2018 Date of institution : 01.10.2018 Date of decision : 26.02.2019 Manjeet Kaur wife of Sh. Himmat Singh Mann, Resident of Flat No.77, Block 5, Mohali Employee Cooperative House Build Society, Sector 68, Mohali. .Complainant Versus

    1. Sky Rock City Welfare Society (Regd.) Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali, through its President Navjeet Singh. E-mail:Cityskyrock@gmail.com

    2. Navjeet Singh, President of Sky Rock City Welfare Society 670, Top Floor, Sector 70, S.A.S. Nagar (Mohali). (Presently confined in District Jail Ropar with a prayer to serve the opposite parties, through Superintendent of District Jail, Ropar) .Opposite Parties

    9) Consumer Complaint No.774 of 2018 Date of institution : 01.10.2018 Date of decision : 26.02.2019 Raminder Kaur wife of late Sh. Inderharjit Singh, Resident of H.No.307, Phase-1, Mohali, Punjab. .Complainant Versus

    1. Sky Rock City Welfare Society (Regd.) Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali, through its President Navjeet Singh. E-mail:skyrockcity@gmail.com

    2. Navjeet Singh, President of Sky Rock City Welfare Society 672 668, Top Floor, Sector 70, S.A.S. Nagar (Mohali). (Presently confined in District Jail Ropar with a prayer to serve the opposite parties, through Superintendent of District Jail, Ropar) .Opposite Parties 10) Consumer Complaint No.775 of 2018 Date of institution : 01.10.2018 Consumer Complaint No.515 of 2018 5 Date of decision : 26.02.2019 Daljit Singh Mahal son of Sh. Ranbir Singh, resident of H.No.207, P.E.C. Campus, Sector 12, Chandigarh. .Complainant Versus

    1. Sky Rock City Welfare Society (Regd.) Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali, through its President Navjeet Singh. E-mail:skyrockcity943@gmail.com

    2. Navjeet Singh, President of Sky Rock City Welfare Society 672 668, Top Floor, Sector 70, S.A.S. Nagar (Mohali). (Presently confined in District Jail Ropar with a prayer to serve the opposite parties, through Superintendent of District Jail, Ropar) .Opposite Parties 11) Consumer Complaint No.776 of 2018 Date of institution : 01.10.2018 Date of decision : 26.02.2019 Kuljit Singh son of Sh. Gurbax Singh, Resident of H.No.370, Housing Board Colony, Baldev Nagar, Ambala City, Haryana. .Complainant Versus

    1. Sky Rock City Welfare Society (Regd.) Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali, through its President Navjeet Singh. E-mail:Skyrockcity@yahoo.com

    2. Navjeet Singh, President of Sky Rock City Welfare Society 670, Top Floor, Sector 70, S.A.S. Nagar (Mohali). (Presently confined in District Jail Ropar with a prayer to serve the opposite parties, through Superintendent of District Jail, Ropar) .Opposite Parties 12) Consumer Complaint No.785 of 2018 Date of institution : 03.10.2018 Date of decision : 26.02.2019

    1. Darshan Kumar Bhatia S/o Sh. Daya Ram;

    2. Sunita Bhatia W/o Sh. Darshan Kumar Bhatia; Consumer Complaint No.515 of 2018 6 Both residents of # 181, New Mehar Singh Colony, Tripuri, Patiala, Punjab. .Complainants Versus

    1. Sky Rock City Welfare Society (Regd.) SAS Nagar, Mohali, through its President, Site Office 111-112, near CGC, Landran, SAS Nagar, Mohali.

    2. Navjeet Singh, President, Sky Rock City, Site Office 111-112, near CGC, Landran, SAS Nagar, Mohali. (currently lodged in District Jail Ropar with a prayer to serve the opposite parties, through Superintendent of District Jail, Ropar).

    3. Greater Mohali Area Development Authority (GMADA), through its Chief Administrator, PUDA Bhawan, Sector 62, SAS Nagar, Mohali-160055. E-mail: www.Gmada.gov.in

    4. Ravi Tyagi, Project Manager, Sky Rock City Welfare Society (Regd.), Site Office 111-112, near CGC, Landran, SAS Nagar, Mohali. E-mail of OPs No.1, 2 & 4: skyrockcity943@gmail.com .Opposite Parties 13) Consumer Complaint No.914 of 2018 Date of institution : 22.11.2018 Date of decision : 26.02.2019 Gurmeet Singh son of Sh. Mohinder Singh, Resident of H.No.20, Indrapuri Colony, Sirhind Road, District Patiala, Punjab. .Complainant Versus

    1. Sky Rock City Welfare Society (Regd.) Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali, through its President Navjeet Singh. E-mail:Cityskyrock@gmail.com

    2. Navjeet Singh, President of Sky Rock City Welfare Society 670, Top Floor, Sector 70, S.A.S. Nagar (Mohali). (Presently confined in District Jail Ropar with a prayer to serve the opposite parties, through Superintendent of District Jail, Ropar) .Opposite Parties Consumer Complaint No.515 of 2018 7 14) Consumer Complaint No.915 of 2018 Date of institution : 22.11.2018 Date of decision : 26.02.2019 Rajan Sharma son of Sh. Bihari Lal, Resident of # E.F.165, Mandi Road, Neemi Chakki, District Jalandhar, Punjab, through his Power of Attorney Holder Sh. Pawan Kumar son of Sh. Balak Ram, R/o # E.F. 165, Mandi Road, Neemi Chakki, District Jalandhar, Punjab. .Complainant Versus

    1. Sky Rock City Welfare Society (Regd.) Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali, through its President Navjeet Singh. E-mail:skyrockcity@yahoo.com

    2. Navjeet Singh, President of Sky Rock City Welfare Society 672 668, Top Floor, Sector 70, S.A.S. Nagar (Mohali). (Presently confined in District Jail Ropar with a prayer to serve the opposite parties, through Superintendent of District Jail, Ropar) .Opposite Parties 15) Consumer Complaint No.916 of 2018 Date of institution : 22.11.2018 Date of decision : 26.02.2019 Prabhjot Kaur wife of Sh. Swinder Singh, Resident of HE-78, Phase-5, Mohali, Punjab. .Complainant Versus

    1. Sky Rock City Welfare Society (Regd.) Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali, through its President Navjeet Singh. E-mail:skyrockcity@yahoo.com

    2. Navjeet Singh, President of Sky Rock City Welfare Society 672 668, Top Floor, Sector 70, S.A.S. Nagar (Mohali). (Presently confined in District Jail Ropar with a prayer to serve the opposite parties, through Superintendent of District Jail, Ropar) .Opposite Parties Consumer Complaints under Section 17 of the Consumer Protection Act, 1986. Consumer Complaint No.515 of 2018 8 Quorum:- Honble Mr. Justice Paramjeet Singh Dhaliwal, President Mrs. Kiran Sibal, Member. Present (CC No.515 of 2018):- For the complainants : Sh. A.K. Handa, Advocate For the opposite parties: Sh. Rahi Mehra, Advocate. JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT : This order will dispose of above mentioned fifteen (15) Consumer Complaints filed under Section 17 of the Consumer Protection Act, 1986 (in short, the Act), as the facts and the questions of law involved in all these complaints are the same and all the complaints have been filed pertaining to the dispute regarding allotment of plots/flats in the same project of the opposite parties Sky Rock City Welfare Society. The facts are taken from Consumer Complaint No.515 of 2018. Consumer Complaint No.515 of 2018 The complainants have filed this complaint, under Section

    17 of the Act, against the opposite parties, seeking following directions to them:

    a) either to hand over the actual physical possession of the plot to the complainants with all the amenities and approvals; OR in the alternative: to refund the entire amount deposited by them i.e. 21,40,000/-, along with interest at the rate of 18% per annum from the date of receipt till realization; Consumer Complaint No.515 of 2018 9

    b) to pay damages of at least 5,00,000/-, for using their hard earned money in their project by cheating the complainants; and

    c) to pay 55,000/- towards litigation expenses. Facts of the Complaint

    2. Brief facts, as set out in the complaint, are that the opposite parties made representations to the general public to the effect that membership was open to become their members for allotmentof plots of various dimensions as carved out by them in various newly floated Sectors in Mohali and that the development works were in full swing. Believing those representations, the complainants became their members, by submitting membership form, along with membership fee of 10,000/- on 01.09.2011. They opted for allotment of a residential plot of 150 sq.yds. and they were allocated the same at the rate of 13,000/- per sq.yd., for a total price of 19,50,000/-. Provisional allotment letter was issued in their favour on 14.01.2013, whereby plot No.F-84, measuring 150 sq.yds., situated in Sector 111-112, SAS Nagar, Mohali was allotted to them. As per terms and conditions of the allotment, the actual physical possession of the plot was to be delivered in the month of September, 2013, but the opposite parties failed to do so within that period. They kept on collecting various instalments from the complainants, without bothering to complete the development works at the site or to deliver possession of the plot. The opposite parties issued another provisional allotment letter dated 06.08.2015, whereby plot No.181-M, measuring 150 sq.yds., situated in Sector 110-111-112, Mohali was allotted to the complainants. They Consumer Complaint No.515 of 2018 10 also issued another letter of the same date demanding EDC and IDC of the above said plot from the complainants. Since there was no sign of development at the site, so the complainants approached the opposite parties; who told them that the possession would be delivered only after deposit of EDC and IDC by the complainants. Since the complainants had already deposited huge amount with them, so they deposited the EDC and IDC amounting to 2,62,500/- with them, vide receipt dated 24.09.2015. Thus, by September, 2015, the complainants deposited a total sum of 21,40,000/- with the opposite parties towards the price of the plot, including EDC and IDC on various dates, as per table given in Para No.20 of the complaint. The complainants visited their office in February, 2017 and came to know that opposite party No.2 was arrested by the police, for committing fraud and cheating the members/customer of opposite party No.1- Society and he is lodged in jail. The opposite parties are unable to deliver possession, as GAMDA refused to issue certificate regarding completion of development works at site. They violated various provisions of the Punjab Apartment and Property Regulation Act, 1995 (in short, PAPRA). The aforesaid act and conduct of the opposite parties amount to deficiency in service and unfair trade practice. Hence, the present complaint. Defence of the Opposite Parties

    3. Upon notice, Sh. Navjeet Singh, President of opposite party No.1, who was in judicial custody, was produced before this Commission by the police party on 17.01.2019, and his counsel Ms. Consumer Complaint No.515 of 2018 11 Deipa Singh, Advocate sought time to file reply to the complaint, which was granted for 15 days and the case was adjourned to 06.02.2019. On 06.02.2019, Sh. Navjeet Singh, opposite party No.2 was again produced in custody by the police party and his counsel sought further time to file the reply; which was granted subject to costs of 5,000/- to be deposited in the Consumer Legal Aid Fund Account of this Commission. However, learned counsel for the opposite parties stated that he was not in a position to deposit the costs and, as such, the defence of the opposite parties was struck off, vide order dated 06.02.2019. Evidence of the Complainants

    4. To prove their claim, the complainants, along with the complaint, filed their own self attested affidavits and documents Ex.C-1 to Ex.C-14. Contentions of the Parties

    5. We have heard learned counsel for the complainants and have gone through the record carefully.

    6. Learned counsel for the complainants has vehemently contended that the complainants booked a residential plot measuring

    150 square yards in the project of the opposite parties and deposited a total sum of 21,40,000/- against the total price thereof i.e. 19,50,000/-. As per the terms and conditions of the scheme, the possession of the plot was to be handed over not later than two years of the registration/requisition, whereas as per Clause-13 of the provisional allotment letter, Ex.C-10, it was to be delivered within 36 Consumer Complaint No.515 of 2018 12 months from the date of allotment, subject to force majeure circumstances. However, the opposite parties failed to develop the plot/project and to deliver possession of the plot to the complainants within those periods. Not only this, vide provisional allotment letter, Ex.C-10, the complainants were allotted plot No.F-84, measuring 150 sq.yds., whereas as per another provisional allotment letter, Ex.C-12, they were allotted plot No.181-M, measuring 150 sq.yds. This shows the unfair trade practice on the part of the opposite parties. At the site, there was no development of the plots/project. The complainants came to know through news published in various newspapers that the President of opposite party; namely, Navjeet Singh has been arrested by the Police for playing fraud with the innocent people, by issuing more plots than the land available and even he has been sentenced for non-compliance of the orders passed by the Consumer Foras in many cases. The complainants approached the offices of the opposite parties repeatedly, but the same were found closed. The opposite parties committed deficiency in service and adopted unfair trade practice and, as such, the complainants are entitled to all the reliefs, as prayed for in the complaint. Consideration of Contentions

    7. We have given our thoughtful consideration to the respective contentions raised by the learned counsel for the complainants.

    8. At the outset it is pertinent to mention that identical matters have already been decided by this Commission in the following cases: Consumer Complaint No.515 of 2018 13

    i) Consumer Complaint No.141 of 2017 (Mohinder Singh v. Sky Rock City Welfare Society Regd.) along with bunch of 38 similar Consumer Complaints decided on 21.12.2017; ii) Consumer Complaint No.201 of 2017 (Paramjit Singh v. The Sky Rock City Welfare Society Regd. and others) along with bunch of 6 similar Consumer Complaints decided on 21.12.2017; iii) Consumer Complaint No.917 of 2017 (Ajit Singh v. The Sky Rock City Welfare Society Regd. and another) along with bunch of 2 similar Consumer Complaints decided on 23.1.2018; iv) Consumer Complaint No.1108 of 2017 (Manjit Singh v. M/s Sky Rock City Welfare Society Regd. and another) decided on 20.9.2018;

    v) Consumer Complaint No.1109 of 2017 (Amarjit Kaur v. M/s Sky Rock City Welfare Society Regd. and another) decided on 20.9.2018; vi) Consumer Complaint No.446 of 2018 (Charanjit Singh v. M/s Sky Rock City Welfare Society Regd.) decided on 11.10.2018; and vii) Consumer Complaint No.447 of 2018 (Hemjeet Singh v. M/s Sky Rock City Welfare Society Regd.) decided on 11.10.2018. Consumer Complaint No.783 of 2018. The matter in the present complaints is squarely covered by the orders passed in above said cases, so we proceed to decide the present complaints in view of orders passed in above said cases.

    9. Admittedly, the complainants became members of the opposite party No.1-Society by paying a sum of 10,000/-, vide receipt dated 01.09.2011, Ex.C-3, to opposite parties No.1 & 2 and they were issued Share Certificate, Ex.C-7, on 26.09.2012. Accordingly, they were allotted a residential plot No.F-84, measuring 150 square yards, situated in Sector 111-112, SAS Nagar, Mohali, vide Provisional Allotment Letter dated 14.01.2013, Ex.C-10. For the reasons best known to the opposite parties, they issued another Provisional Consumer Complaint No.515 of 2018 14 Allotment Letter dated 06.08.2015, Ex.C-12, whereby plot No.181-M, measuring 150 sq.yds. was allotted to the complainants in Sector 110-

    111 and 112, Mohali. The total cost of the plot was 19,50,000/-, against which the complainants deposited a sum of 21,40,000/- towards the sale price of the plot, EDC and IDC, vide receipts, Ex.C-3 to Ex.C-6, Ex.C-8, Ex.C-9, Ex.C-11 and Ex.C-14. As per Clause 13 of the Provisional Allotment Letter, Ex.C-10, the Society was to deliver possession of the plot to the complainant within 36 months from the date of allotment, subject to force majeure circumstances and reasons beyond the control of the builder. We are of the view that the complainant became member of opposite party No.1-Society, by paying membership fee of 10,000/-, vide receipt dated 01.09.2011, Ex.C-3, and as such the opposite parties were liable to deliver possession of the plot to the complainant within three years therefrom and not from the date of allotment letter, which was issued two years thereafter. The complainants visited the office of opposite party No.1- Society repeatedly and requested for either to deliver possession of the plot in question or to refund of the amount deposited by them. However, opposite party No.1-Society neither delivered the possession of the fully developed plot in question nor refunded the amount deposited by them. The President of the Society is languishing in jail and the project in question is lying abandoned. Even the licence of opposite party No.1-Society to develop a colony has been cancelled by GMADA. Opposite parties Nos.1 and 2 are also not in possession of Consumer Complaint No.515 of 2018 15 the land in question and had sold more plots than the land in their alleged ownership/possession.

    10. The whole purpose of pleadings is to give fair notice to each party of what the opponents case is and to ascertain with precision the point(s) on which the parties agree and those on which they differ. The purpose is to eradicate irrelevancy. The complaint is a concise statement of facts and if no reply is filed to the complaint, the averments made therein are deemed to have been admitted. At the sake of repetition, it is relevant to mention that in the present case, the opposite parties failed to file reply to the complaint, despite availing sufficient opportunity and, as such, their defence was struck off, vide order dated 06.02.2019. Thus, the evidence adduced by the complainants remains unrebutted. In view of this, all the averments made in the complaint are deemed to have been admitted by the opposite parties and an adverse inference is to be drawn against them. It is, therefore, held that the opposite parties are deficient in rendering service to the complainants.

    11. Undisputedly, the amount has been utilized by the opposite parties, which is trust money, for earning profits in their business. The opposite parties have also violated the provisions of PAPRA, by not obtaining the necessary sanctions/permissions from the competent authorities before launching the above said scheme and collecting money from the people. Therefore, it stands proved that the opposite parties violated Sections 3, 5, 9 and 12 of PAPRA. Consumer Complaint No.515 of 2018 16

    12. The Act came into being in the year 1986. It is one of the benevolent pieces of legislation to protect the consumers from exploitation. The spirit of the benevolent legislation cannot be overlooked and its object is not to be frustrated. The complainants have made payment of substantial amount to the opposite parties, with the hope to get the possession of the plot within a reasonable time. The circumstances clearly show that the opposite parties made false statement of facts about the goods and services i.e. allotment of land and development thereof within a stipulated period and ultimate delivery of possession. The act and conduct of the opposite parties is a clear case of misrepresentation and deception, which resulted in the injury and loss of opportunity to the complainants. Had the complainants not invested their money with the opposite parties, they would have invested the same elsewhere. There is escalation in the price of construction also. The builder is under obligation to deliver the possession of the plot within a reasonable period. The complainants cannot be made to wait indefinitely to get possession of the plot booked. From the facts and evidence brought on the record of the complaint, it is clearly made out that the opposite parties, i.e. builder, knew from the very beginning that they had not complied with various provisions of the PAPRA and the Rules framed thereunder and would not be able to deliver the possession within the stipulated period and, thus, by misrepresenting induced the complainants to book the plot, due to which the complainants have suffered mental agony and harassment. It is the settled principle of law that compensation should Consumer Complaint No.515 of 2018 17 be commensurate with the loss suffered and it should be just, fair and reasonable and not arbitrary. The builder is bound to compensate for the loss and injury suffered by the complainants for failure to deliver the possession, so has been held in catena of judgments by the Honble Supreme Court and the Honble National Commission. To get the relief, the complainants have to wage a long drawn and tedious legal battle. As such, the complainants were at loss of opportunities.

    13. The complainants have full price of the plot, along with EDC and IDC etc. and have prayed for delivery of actual physical possession of the plot, in question or in the alternative for refund the amount deposited by them, along with interest and compensation. Hence, the opposite parties are liable to deliver possession of the plot, in question, to the complainants and to execute the Sale deed in their favour. As per Clause 13 of the Provisional Allotment Letter, Ex.C-10, possession of the plot was to be delivered within 36 months from the date of allotment. However, the same has not yet been delivered. Thus, the opposite parties are also liable to pay interest at the rate of 12% per annum on the amount received from the complainants with effect from 14.01.2016 (after 36 months of the date of allotment) till actual delivery of possession, as ordered above. They are also liable to pay compensation for the mental agony and harassment suffered by the complainants. However, if the opposite parties will not be able to deliver possession of the plot, in question and to execute the Sale Deed, then in the alternative they shall refund the entire amount deposited by the complainants, along with interest and compensation. Consumer Complaint No.515 of 2018 18

    14. Under Section 12 of the PAPRA read with Rule 17 of the Rules framed thereunder, if the amount is to be refunded, it is to be refunded along with interest at the rate of 12% per annum.

    15. In view of the above discussion, the complaint is allowed and the following directions are issued to the opposite parties:-

    i) to deliver possession of the plot, in question, complete in all respects, along with agreed facilities and amenities and Completion/Occupation Certificate from the competent authority, and to execute the Sale Deed in their favour; ii) to pay interest at the rate of 12% per annum on the amount deposited by the complainants i.e. 21,40,000/- from 14.01.2016 (after three years from the date of allotment) till actual and physical delivery of possession of the plot, as ordered above; and iii) to pay 25,000/-, as compensation for the harassment and mental agony suffered by the complainants, including the cost of litigation. In case the opposite parties fail to comply the directions, as ordered above, then in the alternative, they shall:

    i) refund the entire amount deposited by the complainants i.e. 21,40,000/-, along with interest at the rate of 12% per annum from the respective dates of deposit till realization; and ii) pay 25,000/-, as compensation for the harassment and mental agony suffered by the complainants, including cost of litigation. Consumer Complaint No.515 of 2018 19

    2. Consumer Complaint No.516 of 2018

    16. Similarly, in this case, the complainant became member of opposite party No.1-Society, by paying membership fee of 10,000/-, vide receipt dated 06.05.2012, Ex.C-2. The complainant was issued Provisional Allotment Letter, Ex.C-6, as per which plot No.E-44, measuring 200 sq.yds., situated in Sector 111-112, Mohali, was allotted to the complainant. The total cost of the plot was 20,00,000/-; against which the complainant deposited a total sum of 21,10,000/-, vide receipts, Ex.C-2 to Ex.C-5 and Ex.C-9; which included the total price of the plot as well as EDC and IDC. For the reasons best known to the opposite parties, they issued another Provisional Allotment Letter dated 06.08.2015, Ex.C-7, whereby plot No.744, measuring 200 sq.yds. was allotted to the complainant in Sector 110-111 and 112, Mohali. Other averments are similar to that of Consumer Complaint No.515 of 2018. Possession of the plot has not yet been delivered to the complainant. Similar prayer has been made and similar arguments have been raised in this complaint. In this case also, the defence of the opposite parties was struck off, vide order dated 06.02.2019, in the manner discussed in Consumer Complaint No.515 of 2018.

    17. In view of the reasons and discussion held in Consumer Complaint No.515 of 2018, this complaint is allowed and the following directions are issued to the opposite parties:-

    i) to deliver possession of the plot, in question, complete in all respects, along with agreed facilities and amenities and Consumer Complaint No.515 of 2018 20 Completion/Occupation Certificate from the competent authority, and to execute the Sale Deed in favour of the complainant; ii) to pay interest at the rate of 12% per annum on the amount deposited by the complainant, i.e. 19,60,000/-, paid vide receipt Ex.C-2 to Ex.C-5, from 06.05.2015 (three years after the registration as per receipt Ex.C-2, as there is no date of provisional allotment letter Ex.C-6) as well as on 1,50,000/- from 15.09.2015 as the same was paid, vide receipt, Ex.C-9, till actual and physical delivery of possession of the plot, as ordered above; and iii) to pay 25,000/-, as compensation for the harassment and mental agony suffered by the complainant, including the cost of litigation. In case the opposite parties fail to comply the directions, as ordered above, then in the alternative, they shall:

    i) refund the entire amount deposited by the complainant i.e. 21,10,000/-, along with interest at the rate of 12% per annum from the respective dates of deposit till realization; and ii) pay 25,000/-, as compensation for the harassment and mental agony suffered by the complainant, including cost of litigation.

    3. Consumer Complaint No.517 of 2018

    18. Similarly, in this case, the complainant became member of opposite party No.1-Society, by paying membership fee of 5,000/-, vide receipt dated 28.11.2010, Ex.C-1. Share Certificate, Ex.C-6, was issued in favour of the complainant on 23.12.2011. The complainant Consumer Complaint No.515 of 2018 21 was issued Provisional Allotment Letter dated 10.10.2012, Ex.C-11, as per which plot No.E-9, measuring 200 sq.yds., situated in Sector 111- 112, SAS Nagar, Mohali, was allotted to the complainant. The total cost of the plot was 11,00,000/-; against which the complainant deposited a total sum of 14,95,000/-, vide receipts, Ex.C-1, Ex.C-3 to Ex.C-5, Ex.C-7 to Ex.C-9, Ex.C-12 and Ex.C-19; which included the total price of the plot as well as EDC and IDC. The opposite parties also issued No Objection Certificate, Ex.C-10, in favour of the complainant, showing the balance amount Nil. For the reasons best known to the opposite parties, they issued another Provisional Allotment Letter, Ex.C-13, whereby plot No.284, measuring 200 sq.yds. was allotted to the complainant in Sector 111-112, Mohali. The opposite parties issued letter dated 04.01.2017, Ex.C-21, to the complainant asking him to deposit EDC/ IDC/PLC etc. The opposite parties threatened to cancel the allotment of the plot allotted to the complainant, vide letter Ex.C-23, in case payment of EDC/IDC/PLC and other additional charges were not paid by the complainant within a period of 15 days. However, the complainant had already deposited the IDC and EDC amounting to 3,50,000/-, vide receipt dated 25.04.2016, Ex.C-19. He wrote e-mail Ex.C-22, to the opposite parties stating that his plot is not a corner plot and, as such, he is not liable to pay any PLC. Other averments are similar to that of Consumer Complaint No.515 of 2018. Possession of the plot has not yet been delivered to the complainant. Similar prayer has been made and similar arguments have been raised in this complaint. In this case also, Consumer Complaint No.515 of 2018 22 the defence of the opposite parties was struck off, vide order dated 06.02.2019, in the manner discussed in Consumer Complaint No.515 of 2018.

    19. In view of the reasons and discussion held in Consumer Complaint No.515 of 2018, this complaint is allowed and the following directions are issued to the opposite parties:-

    i) to deliver possession of the plot, in question, complete in all respects, along with agreed facilities and amenities and Completion/Occupation Certificate from the competent authority, and to execute the Sale Deed in favour of the complainant; ii) to pay interest at the rate of 12% per annum on the amount deposited by the complainant i.e. 11,45,000/-, paid vide receipts Ex.C-1, Ex.C-3 to Ex.C-5, Ex.C-7 to Ex.C-9 and Ex.C-12 with effect from 10.10.2015 (after three years from the date of allotment as the provisional allotment letter Ex.C-11 was issued on 10.12.2012) as well as on 3,50,000/- from 25.04.2016 as the same was paid, vide receipt, Ex.C-19, till actual and physical delivery of possession of the plot, as ordered above; and iii) to pay 20,000/-, as compensation for the harassment and mental agony suffered by the complainant, including the cost of litigation. In case the opposite parties fail to comply the directions, as ordered above, then in the alternative, they shall: Consumer Complaint No.515 of 2018 23

    i) refund the entire amount deposited by the complainant i.e. 14,95,000/-, along with interest at the rate of 12% per annum from the respective dates of deposit till realization; and ii) pay 20,000/-, as compensation for the harassment and mental agony suffered by the complainant, including cost of litigation.

    4. Consumer Complaint No.518 of 2018

    20. Similarly, in this case, the complainant became member of opposite party No.1-Society, by paying membership fee of 10,000/-, vide receipt dated 20.06.2011, Ex.C-1. Share Certificate, Ex.C-8, was issued in favour of the complainant on 27.07.2012. The complainant was issued Provisional Allotment Letter dated 06.08.2015, Ex.C-11, as per which plot No.643, measuring 200 sq.yds., situated in Sector 110- 111-112, Mohali, was allotted to the complainant. As per membership receipt, Ex.C-1, the price of the plot (200 sq.yds.) was at the rate of 10,500/- per sq.yd.; meaning thereby the total cost of the plot was 21,00,000/-; against which the complainant deposited a total sum of 24,00,000/-, vide receipts, Ex.C-1, Ex.C-3 to Ex.C-7, Ex.C-9, Ex.C-10 and Ex.C-13; which included the total price of the plot as well as EDC and IDC. Other averments are similar to that of Consumer Complaint No.515 of 2018. Possession of the plot has not yet been delivered to the complainant. Similar prayer has been made and similar arguments have been raised in this complaint. In this case also, the defence of the opposite parties was struck off, vide order dated 06.02.2019, in the manner discussed in Consumer Complaint No.515 of 2018. Consumer Complaint No.515 of 2018 24

    21. In view of the reasons and discussion held in Consumer Complaint No.515 of 2018, this complaint is allowed and the following directions are issued to the opposite parties:-

    i) to deliver possession of the plot, in question, complete in all respects, along with agreed facilities and amenities and Completion/Occupation Certificate from the competent authority, and to execute the Sale Deed in favour of the complainant; ii) to pay interest at the rate of 12% per annum on the amount deposited by the complainant i.e. 24,00,000/- from 06.08.2018 (three years after the date of allotment as the provisional allotment letter Ex.C-15 was issued on 06.08.2015) till actual and physical delivery of possession of the plot, as ordered above; and iii) to pay 30,000/-, as compensation for the harassment and mental agony suffered by the complainant, including the cost of litigation. In case the opposite parties fail to comply the directions, as ordered above, then in the alternative, they shall:

    i) refund the entire amount deposited by the complainant i.e. 24,00,000/-, along with interest at the rate of 12% per annum from the respective dates of deposit till realization; and ii) pay 30,000/-, as compensation for the harassment and mental agony suffered by the complainant, including cost of litigation. Consumer Complaint No.515 of 2018 25

    5) Consumer Complaint No.519 of 2018

    22. Similarly, in this case, the complainant became member of opposite party No.1-Society, by paying membership fee of 10,000/-, vide receipt dated 21.07.2011, Ex.C-3. Share Certificate, Ex.C-6, was issued in favour of the complainant on 07.04.2012. The complainant was issued Provisional Allotment Letter, Ex.C-13, as per which plot No.153, measuring 150 sq.yds., situated in Sector 111-112, Mohali, was allotted to the complainant. As per membership receipt, Ex.C-3, the price of the plot (150 sq.yds.) was at the rate of 9,000/- per sq.yd.; meaning thereby the total cost of the plot was 13,50,000/-; against which the complainant deposited a total sum of 16,25,000/- with opposite parties No.1 & 2, vide receipts, Ex.C-3 to Ex.C-5, Ex.C-7, Ex.C-8, Ex.C-12 and Ex.C-15, which included the total price of the plot as well as transfer charges, EDC and IDC. Besides, the complainant also paid a sum of 3,00,000/- as premium amount to opposite party No.3, as per receipt Ex.C-1. Other averments are similar to that of Consumer Complaint No.515 of 2018. Possession of the plot has not yet been delivered to the complainant. Similar prayer has been made and similar arguments have been raised in this complaint. In this case also, the defence of opposite parties No.1 & 2 was struck off, vide order dated 06.02.2019, in the manner discussed in Consumer Complaint No.515 of 2018. Opposite party No.3 initially appeared through his counsel on 17.01.2019 and time was sought to file reply to the complaint, which was granted for 15 days and the case was adjourned to 06.02.2019. However, on 06.02.2019, neither anybody Consumer Complaint No.515 of 2018 26 appeared on his behalf, nor the reply was filed and, as such, the defence of opposite party No.3 was also struck off, vide order dated 06.02.2019. Thus, the averment and evidence led by the complainant that he paid a premium of 3,00,000/- to opposite party No.3 stands unrebutted. Thus, in case of refund of the amount, this amount of 3,00,000/- is liable to be refunded by opposite party No.3 to the complainant, along with interest at the rate of 12% per annum from the date of deposit till realization.

    23. In view of the reasons and discussion held in Consumer Complaint No.515 of 2018, this complaint is allowed and the following directions are issued to opposite parties No.1 & 2:

    i) to deliver possession of the plot, in question, complete in all respects, along with agreed facilities and amenities and Completion/Occupation Certificate from the competent authority, and to execute the Sale Deed in favour of the complainant; ii) to pay interest at the rate of 12% per annum on the amount deposited by the complainant i.e. 13,62,500/- from 21.07.2014 (three years after the registration as per receipt Ex.C-3, as there is no date on the provisional allotment letter Ex.C-13) as well as on 2,62,500/- which was on 25.05.2015, vide per receipt, Ex.C-

    15 till actual and physical delivery of possession of the plot, as ordered above; and iii) to pay 20,000/-, as compensation for the harassment and mental agony suffered by the complainant, including the cost of litigation. Consumer Complaint No.515 of 2018 27 iv) Opposite party No.3 shall also pay interest 12% per annum on the amount deposited by the complainant i.e. 3,00,000/- from 21.07.2014 (three years after the registration as per receipt Ex.C-

    3) till actual and physical delivery of possession of the plot, as ordered above. In case opposite parties No.1 & 2 fail to comply the directions, as ordered above, then in the alternative, they shall:

    i) refund the entire amount deposited by the complainant i.e. 16,25,000/-, along with interest at the rate of 12% per annum from the respective dates of deposit till realization; and ii) pay 20,000/-, as compensation for the harassment and mental agony suffered by the complainant, including cost of litigation. iii) Opposite party No.3 is also directed to refund the amount of 3,00,000/- to the complainant, along with interest at the rate of 12% per annum from 21.07.2011 till realization.

    6. Consumer Complaint No.520 of 2018

    24. Similarly, in this case, the complainant became member of opposite party No.1-Society, by paying membership fee of 5,000/-, vide receipt dated 08.04.2011, Ex.C-1. Share Certificate, Ex.C-2, was issued in favour of the complainant on 02.12.2011. The complainant was issued Provisional Allotment Letter dated 03.08.2015, Ex.C-12, as per which plot No.734, measuring 200 sq.yds., situated in Sector 110- 111-112, Mohali, was allotted to the complainant. In membership receipt, Ex.C-1, the price of the plot measuring 200 is mentioned as at the rate of 6,500/- per sq.yd., meaning thereby the total cost of the Consumer Complaint No.515 of 2018 28 plot was 13,00,000/-; against which the complainant deposited a total sum of 16,75,000/-, vide receipts, Ex.C-1, Ex.C-3 to Ex.C-11; which included the total price of the plot as well as, membership fee, EDC and IDC. Earlier the complainant filed CC/382/2017 before District Forum, SAS Nagar, which was ordered to be returned to the complainant, vide order dated 10.05.2018, Ex.C-14, on the ground of pecuniary jurisdiction, for presenting the same before this Commission. Other averments are similar to that of Consumer Complaint No.515 of 2018. Possession of the plot has not yet been delivered to the complainant. Similar prayer has been made and similar arguments have been raised in this complaint. In this case also, the defence of the opposite parties was struck off, vide order dated 06.02.2019, in the manner discussed in Consumer Complaint No.515 of 2018.

    25. In view of the reasons and discussion held in Consumer Complaint No.515 of 2018, this complaint is allowed and the following directions are issued to the opposite parties:-

    i) to deliver possession of the plot, in question, complete in all respects, along with agreed facilities and amenities and Completion/Occupation Certificate from the competent authority, and to execute the Sale Deed in favour of the complainant; ii) to pay interest at the rate of 12% per annum on the amount deposited by the complainant i.e. 16,75,000/- from 03.08.2018 (three years after the date of allotment, as the provisional allotment letter Ex.C-12 was issued on 03.08.2015) till actual and Consumer Complaint No.515 of 2018 29 physical delivery of possession of the plot, as ordered above; and iii) to pay 21,000/-, as compensation for the harassment and mental agony suffered by the complainant, including the cost of litigation. In case the opposite parties fail to comply the directions, as ordered above, then in the alternative, they shall:

    i) refund the entire amount deposited by the complainant i.e. 16,75,000/-, along with interest at the rate of 12% per annum from the respective dates of deposit till realization; and ii) pay 21,000/-, as compensation for the harassment and mental agony suffered by the complainant, including cost of litigation.

    7. Consumer Complaint No.693 of 2018

    26. Similarly, in this case, the complainant applied with the opposite party-Society for becoming its member for allotment of plot measuring 150 sq.yds. at the rate of 10,500/- per sq.yd., vide application Ex.C-1. Along with the said application, he paid a sum of 10,000/-, vide receipt dated 21.07.2011, Ex.C-3, and a sum of 2,00,000/-, as mentioned in the application itself. Receipt Ex.C-4 also shows deposit of above said two amounts of 2,10,000/- in cash. The application is duly acknowledged and stamped by the opposite party- Society. The total cost of the plot was 15,75,000/-; against which the complainant deposited a total sum of 15,70,000/-, vide application form Ex.C-1 and receipts Ex.C-3 to Ex.C-10; which included the total price of the plot as well as, membership fee. Other averments are Consumer Complaint No.515 of 2018 30 similar to that of Consumer Complaint No.515 of 2018. Possession of the plot has not yet been delivered to the complainant. Refund of the deposited amount has been prayed in this case, along with interest and compensation. Earlier, the complainant had filed Application No.57/15 before the Permanent Lok Adalat (Public Utility Services), SAS Nagar, Mohali, which was dismissed as withdrawn with permission to file fresh application on the same cause of action before the competent forum/court, vide order dated 21.08.2018, Ex.C-12. In this case also, the defence of the opposite party was struck off, vide order dated 06.02.2019, in the manner discussed in Consumer Complaint No.515 of 2018.

    27. In view of the reasons and discussion held in Consumer Complaint No.515 of 2018, this complaint is allowed and the following directions are issued to the opposite party:-

    i) refund the entire amount deposited by the complainant i.e. 15,70,000/-, along with interest at the rate of 12% per annum from the respective dates of deposit till realization; and ii) pay 20,000/-, as compensation for the harassment and mental agony suffered by the complainant, including cost of litigation. The compliance of the order passed in this complaint shall be made by the opposite party within 30 days of the receipt of certified copy of the order.

    8. Consumer Complaint No.773 of 2018

    28. Similarly, in this case, the complainant became member of opposite party No.1-Society, by paying membership fee of 10,000/-, Consumer Complaint No.515 of 2018 31 vide receipt dated 01.09.2011 Ex.C-1. Share Certificate, Ex.C-4, was issued in favour of the complainant on 12.06.2012. The complainant was issued Provisional Allotment Letter, Ex.C-8, as per which plot No.C-9, measuring 300 sq.yds., situated in Sky Rock City Welfare Society, Mohali, was allotted to the complainant. The total cost of the plot was 37,50,000/-; against which the complainant deposited a total sum of 36,10,000/-, vide receipts, Ex.C-1 to Ex.C-3 and Ex.C-5 to Ex.C-7 and Ex.C-9; which included the total price of the plot as well as membership fee. For the reasons best known to the opposite parties, they issued another Provisional Allotment Letter, Ex.C-10, whereby plot No.40, measuring 300 sq.yds. was allotted to the complainant in Sector 111-111 and 112, Mohali. Other averments are similar to that of Consumer Complaint No.515 of 2018. Possession of the plot has not yet been delivered to the complainant. Similar prayer has been made and similar arguments have been raised in this complaint. In this case also, the defence of the opposite parties was struck off, vide order dated 06.02.2019, in the manner discussed in Consumer Complaint No.515 of 2018.

    29. In view of the reasons and discussion held in Consumer Complaint No.515 of 2018, this complaint is allowed and the following directions are issued to the opposite parties:-

    i) to deliver possession of the plot, in question, complete in all respects, along with agreed facilities and amenities and Completion/Occupation Certificate from the competent authority, and to execute the Sale Deed in favour of the complainant, Consumer Complaint No.515 of 2018 32 subject to payment of balance sale consideration by the complainant without any interest/penalty; ii) to pay interest at the rate of 12% per annum on the amount deposited by the complainant i.e. 30,47,500/- from 01.09.2014 (three years after the registration as per receipt Ex.C-1, as there is no date on the provisional allotment letter Ex.C-8) as well as on 5,62,500/- from 23.03.2015, which was paid vide receipt, Ex.C-9, till actual and physical delivery of possession of the plot, as ordered above; and iii) to pay 40,000/-, as compensation for the harassment and mental agony suffered by the complainant, including the cost of litigation. The balance sale consideration payable by the complainant shall be adjusted from the above said liability of the opposite parties. In case the opposite parties fail to comply the directions, as ordered above, then in the alternative, they shall:

    i) refund the entire amount deposited by the complainant i.e. 36,10,000/-, along with interest at the rate of 12% per annum from the respective dates of deposit till realization; and ii) pay 40,000/-, as compensation for the harassment and mental agony suffered by the complainant, including cost of litigation.

    9. Consumer Complaint No.774 of 2018

    30. Similarly, in this case, the complainant became member of opposite party No.1-Society, by paying membership fee of 10,000/-, vide receipt dated 10.06.2011 Ex.C-1. Share Certificate, Ex.C-7, was Consumer Complaint No.515 of 2018 33 issued in favour of the complainant on 03.03.2012. The complainant was issued Provisional Allotment Letter, Ex.C-10, as per which plot No.E-30, measuring 200 sq.yds., situated in Sector 111-112, Mohali, was allotted to the complainant. The total cost of the plot was 20,40,000/-; against which the complainant deposited a total sum of 23,46,000/-, vide receipts, Ex.C-2 to Ex.C-6, Ex.C-8, Ex.C-9, Ex.C-11 and Ex.C-14; which included the total price of the plot as well as membership fee and EDC. For the reasons best known to the opposite parties, they issued another Provisional Allotment Letter, Ex.C-12, whereby plot No.256M was allotted to the complainant in Sector 110-111-112, Mohali. Other averments are similar to that of Consumer Complaint No.515 of 2018. Possession of the plot has not yet been delivered to the complainant. Similar prayer has been made and similar arguments have been raised in this complaint. In this case also, the defence of the opposite parties was struck off, vide order dated 06.02.2019, in the manner discussed in Consumer Complaint No.515 of 2018.

    31. In view of the reasons and discussion held in Consumer Complaint No.515 of 2018, this complaint is allowed and the following directions are issued to the opposite parties:-

    i) to deliver possession of the plot, in question, complete in all respects, along with agreed facilities and amenities and Completion/Occupation Certificate from the competent authority, and to execute the Sale Deed in favour of the complainant; Consumer Complaint No.515 of 2018 34 ii) to pay interest at the rate of 12% per annum on the amount deposited by the complainant i.e. 23,46,000/- from 11.11.2017 (three years after the date of allotment, as the provisional allotment letter, Ex.C-10, was issued on 11.11.2014) till actual and physical delivery of possession of the plot, as ordered above; and iii) to pay 30,000/-, as compensation for the harassment and mental agony suffered by the complainant, including the cost of litigation. In case the opposite parties fail to comply the directions, as ordered above, then in the alternative, they shall:

    i) refund the entire amount deposited by the complainant i.e. 23,46,000/-, along with interest at the rate of 12% per annum from the respective dates of deposit till realization; and ii) pay 30,000/-, as compensation for the harassment and mental agony suffered by the complainant, including cost of litigation.

    10. Consumer Complaint No.775 of 2018

    32. Similarly, in this case, the complainant became member of opposite party No.1-Society, by paying membership fee of 5,000/-, vide receipt dated 06.06.2011 Ex.C-1. Share Certificate, Ex.C-6, was issued in favour of the complainant on 27.01.2012. The complainant was issued Provisional Allotment Letter, Ex.C-7, as per which plot No.E-83, measuring 200 sq.yds. at the rate of 9,000/- per sq.yd., situated in Sector 111-112, Mohali, was allotted to the complainant. The total cost of the plot was 18,00,000/-; against which the Consumer Complaint No.515 of 2018 35 complainant deposited a total sum of 21,25,000/-, vide receipts, Ex.C-

    2 to Ex.C-5, Ex.C-8 to Ex.C-11 and Ex.C-14; which included the total price of the plot as well as membership fee, IDC and EDC. For the reasons best known to the opposite parties, they issued another Provisional Allotment Letter, Ex.C-12, whereby plot No.708 was allotted to the complainant in Sector 110-111-112, Mohali. Other averments are similar to that of Consumer Complaint No.515 of 2018. Possession of the plot has not yet been delivered to the complainant. Similar prayer has been made and similar arguments have been raised in this complaint. In this case also, the defence of the opposite parties was struck off, vide order dated 06.02.2019, in the manner discussed in Consumer Complaint No.515 of 2018.

    33. In view of the reasons and discussion held in Consumer Complaint No.515 of 2018, this complaint is allowed and the following directions are issued to the opposite parties:-

    i) to deliver possession of the plot, in question, complete in all respects, along with agreed facilities and amenities and Completion/Occupation Certificate from the competent authority, and to execute the Sale Deed in favour of the complainant; ii) to pay interest at the rate of 12% per annum on the amount deposited by the complainant i.e. 15,05,000/- from 06.06.2014 (three years after the registration as per receipt Ex.C-1, as there is no date on the provisional allotment letter Ex.C-7) as well as on 2,70,000/- from 26.02.2015 and on 3,50,000/- from 07.12.2015, which were paid vide receipts Ex.C-11 and Ex.C-14, Consumer Complaint No.515 of 2018 36 respectively till actual and physical delivery of possession of the plot; and iii) to pay 25,000/-, as compensation for the harassment and mental agony suffered by the complainant, including the cost of litigation. In case the opposite parties fail to comply the directions, as ordered above, then in the alternative, they shall:

    i) refund the entire amount deposited by the complainant i.e. 21,25,000/-, along with interest at the rate of 12% per annum from the respective dates of deposit till realization; and ii) pay 25,000/-, as compensation for the harassment and mental agony suffered by the complainant, including cost of litigation.

    11. Consumer Complaint No.776 of 2018

    34. Similarly, in this case, the complainant became member of opposite party No.1-Society, by paying membership fee of 10,000-, vide receipt dated 22.12.2011 Ex.C-1. Thereafter, he deposited 3,56,250/-, each, with it, vide receipts dated 01.06.2012 and 12.11.2012, Ex.C-2 and Ex.C-4. On the asking of the opposite parties that due to technical and unavoidable circumstances the project work had been closed, the complainant got his membership shifted to Sector 111-112, Mohali. Thereafter, the complainant was issued Provisional Allotment Letter dated 11.12.2014, Ex.C-6, as per which plot No.F-48, measuring 150 sq.yds. at the rate of 9,500/- per sq.yd., situated in Sector 111-112, Mohali, was allotted to the complainant. The total cost of the plot was 14,25,000/-. New membership was allotted to him, on Consumer Complaint No.515 of 2018 37 payment of 10,000/-, vide receipt dated 23.01.2015, Ex.C-7. He also paid 25,000/- and 13,60,000/-, vide receipts dated 23.01.2015, Ex.C-8 and Ex.C-9, in which earlier payment of 7,12,500/-made by him was adjusted. He paid another sum of and 2,62,500/-, vide cheque dated 02.09.2015, Ex.C-12. Thus, in all, he deposited a sum of 16,57,500/- with the opposite parties. For the reasons best known to the opposite parties, they issued another Provisional Allotment Letter, Ex.C-10, whereby plot No.16M was allotted to the complainant in Sector 110-111-112, Mohali. Other averments are similar to that of Consumer Complaint No.515 of 2018. Possession of the plot has not yet been delivered to the complainant. Similar prayer has been made and similar arguments have been raised in this complaint. In this case also, the defence of the opposite parties was struck off, vide order dated 06.02.2019, in the manner discussed in Consumer Complaint No.515 of 2018.

    35. In view of the reasons and discussion held in Consumer Complaint No.515 of 2018, this complaint is allowed and the following directions are issued to the opposite parties:-

    i) to deliver possession of the plot, in question, complete in all respects, along with agreed facilities and amenities and Completion/Occupation Certificate from the competent authority, and to execute the Sale Deed in favour of the complainant; ii) to pay interest at the rate of 12% per annum on the amount deposited by the complainant i.e. 16,57,500/- from 11.12.2017 (three years after the date of allotment as the provisional Consumer Complaint No.515 of 2018 38 allotment letter, Ex.C-6, was issued on 11.12.2014) till actual and physical delivery of possession of the plot, as ordered above; and iii) to pay 20,000/-, as compensation for the harassment and mental agony suffered by the complainant, including the cost of litigation. In case the opposite parties fail to comply the directions, as ordered above, then in the alternative, they shall:

    i) refund the entire amount deposited by the complainant i.e. 16,57,500/-, along with interest at the rate of 12% per annum from the respective dates of deposit till realization; and ii) pay 20,000/-, as compensation for the harassment and mental agony suffered by the complainant, including cost of litigation.

    12. Consumer Complaint No.785 of 2018 Misc. Application No.2282 of 2018

    36. The complainants being joint applicants/members of the plot, in question, the application is allowed. Main Case

    37. Similarly, in this case, the complainants became members of opposite party No.1-Society by paying 10,000/- to it, vide receipt dated 20.07.2011, Ex.C-1. Share Certificate, Ex.C-2, was issued in favour of the complainants on 23.12.2011. The complainants were issued Provisional Allotment Letter dated 16.08.2014, Ex.C-7, as per which plot measuring 300 sq.yds. for consideration of 31,50,000/- situated in Sky Rock City Welfare Society, Mohali, was allotted to the Consumer Complaint No.515 of 2018 39 complainants. Plot Allotment Agreement, Ex.C-8, was also executed between the complainants and opposite party No.1, but there is no date given on it. The complainants deposited a total sum of 18,10,000/-, vide receipts, Ex.C-1, Ex.C-4, Ex.C-5 and Ex.C-6. Other averments are similar to that of Consumer Complaint No.515 of 2018. Possession of the plot has not yet been delivered to the complainants. Similar prayer has been made and similar arguments have been raised in this complaint. In this case also, the defence of opposite parties No.1 & 2 was struck off, vide order dated 06.02.2019, in the manner discussed in Consumer Complaint No.515 of 2018.

    38. Opposite party No.3-GMADA filed its separate reply, pleaded that the dispute involved in the complaint is the inter-se dispute between the complainants and opposite parties No.1 & 2 and it has no role to play therein. There exists no relationship of consumer and service provider between it and the complainants. Contents of complaint regarding cancellation of licence of opposite parties No.1 & 2 are stated to be matter of record. It was further pleaded that EDC is charged by it from the promoter and not from the allottees and, thus, no amount was demanded or charged by it from the complainants. Opposite party No.3 issued public notice dated 18.02.2017, Ex.OP/1, in the newspaper The Tribune, wherein it was mentioned as to how the society cheated the general public by booking flats/plots, more than those available in its project. It was also mentioned in that notice, that the office of M/s Sky Rock City Welfare Society located in Sectors 110-

    111 had been sealed by GMADA and a complaint had been forwarded Consumer Complaint No.515 of 2018 40 to S.S.P., S.A.S. Nagar, for lodging FIR against Mr. Navjeet Singh, President of opposite party No.1-Society. It was further pleaded that earlier on the application made by opposite party No.1, the Chief Administrator, GMADA, had granted Colony Licence to opposite party No.1 on 06.05.2014, under the provisions of Punjab Apartment and Property Regulation Act, 1995 (in short, PAPRA) for developing a colony over an area measuring 25.00 acres in Sector 111-112, SAS Nagar. However, a number of complaints against opposite party No.1- Society were received in the office of answering opposite party. Opposite party No.3, in order to redress the issues pointed out in the said complaints, held a meeting with representative of the Society and the said complainants; wherein following decisions were taken:

    i) Allotment letters be issued to those 10 members, who have deposited 90% payment with the Society, within one week. ii) Out of the remaining 86 plots, allotment letters be issued to those members, who have deposited 90% payment, on first come first served basis; iii) While issuing allotment letters to the members, plot No. and Sector should be intimated to the allottees, as per the approved layout plan; iv) Those members, who want to get refund of their amount deposited with the Society, be refunded their amount, as per terms and conditions of agreement with the Society, on first come first served basis;

    v) A Committee, under the Chairmanship of Superintendent Engineer (S.E.), GMADA, shall inspect the colony, in question, and shall submit its report to the office regarding development works of the colony, within a period of

    15 days. Consumer Complaint No.515 of 2018 41 Upon inspection of the site, the said Committee submitted its report, vide letter No.959 dated 18.02.2016, as per which following irregularities were found at the site, in question:

    i) The Welfare Society has till date not got the service plans approved by it, as per the approved layout plan of the colony from the office of Competent Authority; ii) A building of CGC Landran exists on the land, where plots were carved out, as per the approved layout plan; iii) Although lines of water supply, sewer and storm sewer have been laid in some parts of the colony, but road-gullies regarding the same have not yet been constructed. iv) There is no arrangement for disposal of sewer and storm sewer at the site, till date. From the above report, it was clear that opposite party No.1 had not complied with the terms and conditions of the licence granted to it. Thereafter, the representative of Sky Rock Society was informed about the above mentioned irregularities, vide various letters, from time to time, asking it to give reply thereto. On 29.08.2016, the representative of Sky Rock Society was called for personal hearing and he was asked to furnish the following information:

    i) Number of members in the Society. ii) List of those members, who have deposited 90% amount with the Society; iii) Number of members, who have been issued Allotment Letters; iv) Number of members, who have been given possession and reasons, if the possession has not been given. The Society did not give any satisfactory response to the various queries put it from time to time. However, opposite party No.1 gave a Consumer Complaint No.515 of 2018 42 list of total 350 members, who were registered with it. As per that list,

    170 members had been allotted plots of different sizes, while 96 members had been refunded the amount, which had been deposited with the Society. Other members had been shown to be as defaulters in the said list. It was further pleaded that the list submitted by opposite party No.1 did not disclose proper and complete particulars of its various members, like; percentage, membership No. and their addresses. The list only mentioned their names only. Although, plot No. and size of the plot were mentioned, but it could not be properly ascertained, as to who are the actual allottees of the plots. It was further pleaded that after the grant of a colony licence, the Society was required to acquire ownership of the area of the colony, which was not in the ownership of the promoter and consent letter of the landowners were submitted at the time of obtaining colony licence, as per provisions of PAPRA. It was further pleaded that as per the latest record, opposite party No.1 has so far acquired ownership of only 7.475 Acres. It was further pleaded that opposite party No.1 has not deposited requisite amount of EDC/Licence fee towards the licenced colony with opposite party No.3 and, as such, vide office letter No.4136 dated 04.11.2016, Ex.OP/2, the Deputy Commissioner, Sub Divisional Magistrate and Tehsildar of SAS Nagar were requested to stop the registration of Sale Deeds regarding plots, flats, showrooms, booths etc. of opposite party No.1-Society. Even the Estate Office (Regulatory), GMADA, vide his Office Memo No.4440 dated 08.02.2017, Ex.OP/3, also made a complaint to Senior Supdt. of Consumer Complaint No.515 of 2018 43 Police, SAS Nagar for registration of FIR against Mr. Navjeet Singh, President of opposite party No.1-Society, under Section 420 IPC, for violating the provisions of PAPRA and cheating the general public. It was further pleaded that opposite party No.1 has not deposited the outstanding dues of 572.66 lacs on account of EDC, Licence fee etc. with GMADA and has also not transferred the site reserved for EWS to GMADA for development as per policy of the Govt. Thus, the licence of the promoter (opposite party No.1) was cancelled by the competent authority, vide order dated 02.05.2018, Ex.OP/4. It was further pleaded that the complainants have not deposited any amount with opposite party No.3 and if they are entitled to any amount, the same is to be refunded only by opposite parties No.1 & 2. It was prayed that the complaint may be dismissed against opposite party No.3, with costs. Opposite party No.3 led its evidence as discussed above.

    39. Opposite party No.4 filed his separate reply, pleading that there is no relationship of consumer and service provider between the complainants and him. No cause of action has arisen to them to file complaint against him with regard to any deficiency on his part. There is also no contractual relationship between them. On merits, it was pleaded that opposite party No.4 joined the job with opposite party No.1 in the year 2015, whereas all the allegations levelled in the complaint relate prior to that period. Moreover, opposite party No.4 has already left the job of opposite party No.1 long time back. The act of obtaining a GPA will not constitute an act whereby a contractual relation is created between the complainants and opposite party No.4. Consumer Complaint No.515 of 2018 44 Moreover, as per settled law, an agent is only a connecting link between the parties and for the acts of the principal, the agent is not personally liable. All other allegations levelled in the complaint were denied and dismissal of complaint against opposite party No.4 was prayed.

    40. In support of his defence, oppose party No.4 filed his own affidavit and no other document was filed. No resignation or any other document, in support of his plea that he already left the office of opposite party No.1 in the year 2015, has been produced on record. On the other hand, the complainants have produced on record cheque dated 01.01.2018, Ex.C-10, issued by one Swaran Kaur in favour of Sky Rock City for a sum of 7,50,000/-; which has been duly received by opposite party No.4-Ravi Tyagi under his signatures. Besides this, the complainants have also produced on record copies of the Sale Deeds, Ex.C-11 (colly.), which have been signed by opposite party No.4, on behalf of opposite party No.1-Society, in the capacity of its Authorized Signatory/GPA. From these facts and evidence, his plea that he left office of opposite party No.1 in the year 2015 stands falsified and it is proved that he is managing the day to day affairs of the Society in the capacity of its GPA. Thus, he cannot be exonerated from the liability of opposite parties No.1 & 2 towards the complainants.

    41. There is no deficiency in service on the part of opposite party No.3 and the dispute involved in this complaint is only between the complainants and opposite parties No.1 & 2. The prayer of the complainants regarding refund of the EDC, if any, deposited by the Consumer Complaint No.515 of 2018 45 complainant with GMADA is not maintainable. The complainants have proved that they deposited a total sum of 18,10,000/- with opposite parties No.1 & 2 and no separate amount has been proved to have been deposited by him with opposite party No.3. Thus, no refund of any amount can be ordered to it. As such, the complaint against opposite party No.3 is liable to be dismissed.

    42. In view of our above discussion as well as the reasons and discussion held in Consumer Complaint No.515 of 2018, this complaint is allowed against opposite parties No.1, 2 & 4 only and the same is dismissed against opposite party No.3. Following directions are issued to opposite parties No.1, 2 & 4:-

    i) to deliver possession of the plot, in question, complete in all respects, along with agreed facilities and amenities and Completion/Occupation Certificate from the competent authority, and to execute the Sale Deed in favour of the complainants, subject to payment of remaining sale consideration by them, without any interest/penalty; ii) to pay interest at the rate of 12% per annum on the amount deposited by the complainants i.e. 18,10,000/- from 16.08.2017 (three years after the date of allotment as the provisional allotment letter, Ex.C-7, was issued on 16.08.2014) till actual and physical delivery of possession of the plot, as ordered above; and iii) to pay 23,000/-, as compensation for the harassment and mental agony suffered by the complainants, including the cost of Consumer Complaint No.515 of 2018 46 litigation. The remaining sale consideration payable by the complainants shall be adjusted from the aforesaid liability of opposite parties No.1, 2 & 4. In case these opposite parties fail to comply the directions, as ordered above, then in the alternative, they shall:

    i) refund the entire amount deposited by the complainants i.e. 18,10,000/-, along with interest at the rate of 12% per annum from the respective dates of deposit till realization; and ii) pay 23,000/-, as compensation for the harassment and mental agony suffered by the complainants, including cost of litigation.

    13. Consumer Complaint No.914 of 2018

    43. Similarly, in this case, the complainant became member of opposite party No.1-Society, by paying membership fee of 5,000-, vide receipt dated 27.03.2011 Ex.C-2, in which the price of 500 sq.yds. plot was mentioned at the rate of 6,000/- per sq.yd.; meaning thereby the total price of the plot was 30,00,000/-. Share Certificate, Ex.C-16, was duly issued to him. The complainant was issued Provisional Allotment Letter, Ex.C-20, as per which plot No.330, measuring 500 sq.yds. situated in Sector 111-112, Mohali, was allotted him. The complainant deposited a total sum of 39,55,000/-, vide receipts, Ex.C-

    2 to Ex.C-15, Ex.C-17 to Ex.C-19, Ex.C-21 to Ex.C-23 and Ex.C-25; which included the total price of the plot as well as membership fee, IDC and EDC. Other averments are similar to that of Consumer Complaint No.515 of 2018. Possession of the plot has not yet been delivered to the complainant. Similar prayer has been made and Consumer Complaint No.515 of 2018 47 similar arguments have been raised in this complaint. In this case also, the defence of the opposite parties was struck off, vide order dated 06.02.2019, in the manner discussed in Consumer Complaint No.515 of 2018.

    44. In view of the reasons and discussion held in Consumer Complaint No.515 of 2018, this complaint is allowed and the following directions are issued to the opposite parties:-

    i) to deliver possession of the plot, in question, complete in all respects, along with agreed facilities and amenities and Completion/Occupation Certificate from the competent authority, and to execute the Sale Deed in favour of the complainant; ii) to pay interest at the rate of 12% per annum on the amount deposited by the complainant i.e. 28,80,000/- from 27.03.2014 (three years after the initial registration as per receipt Ex.C-2, as there is no date on the provisional allotment letter Ex.C-20) as well as on 2,00,000/- from 10.06.2014, on 2,00,000/- from 25.05.2015, 1,75,000/- from 19.08.2015, on 2,50,000/- from 16.12.2015 and on 2,50,000/- from 14.07.2016; which were paid vide receipts Ex.C-19, Ex.C-21 to Ex.C-23 and Ex.C-25, respectively, till actual and physical delivery of possession of the plot, as ordered above; and iii) to pay 44,000/-, as compensation for the harassment and mental agony suffered by the complainant, including the cost of litigation. Consumer Complaint No.515 of 2018 48 In case the opposite parties fail to comply the directions, as ordered above, then in the alternative, they shall:

    i) refund the entire amount deposited by the complainant i.e. 39,55,000/-, along with interest at the rate of 12% per annum from the respective dates of deposit till realization; and ii) pay 44,000/-, as compensation for the harassment and mental agony suffered by the complainant, including cost of litigation.

    14. Consumer Complaint No.915 of 2018

    45. Similarly, in this case, the complainant became member of opposite party No.1-Society, by paying membership fee of 10,000-, vide receipt dated 10.06.2011 Ex.C-1. Share Certificate, Ex.C-5, was duly issued to him. The complainant was issued Provisional Allotment Letter dated 15.12.2012, Ex.C-10, as per which plot No.E-65, measuring 200 sq.yds. situated in Sector 111-112, SAS Nagar, Mohali, was allotted him. The total cost of the plot was 20,00,000/-, against which the complainant deposited a total sum of 19,60,000/-, vide receipts, Ex.C-1, Ex.C-3, Ex.C-4, Ex.C-6 to Ex.C-9 and Ex.C-11; which included the total price of the plot as well as membership fee and EDC etc. Other averments are similar to that of Consumer Complaint No.515 of 2018. Possession of the plot has not yet been delivered to the complainant. Similar prayer has been made and similar arguments have been raised in this complaint. In this case also, the defence of the opposite parties was struck off, vide order dated 06.02.2019, in the manner discussed in Consumer Complaint No.515 of 2018. Consumer Complaint No.515 of 2018 49

    46. In view of the reasons and discussion held in Consumer Complaint No.515 of 2018, this complaint is allowed and the following directions are issued to the opposite parties:-

    i) to deliver possession of the plot, in question, complete in all respects, along with agreed facilities and amenities and Completion/Occupation Certificate from the competent authority, and to execute the Sale Deed in favour of the complainant, subject to payment of remaining sale consideration by the complainant, without any interest/penalty; ii) to pay interest at the rate of 12% per annum on the amount deposited by the complainant i.e. 19,60,000/- from 15.12.2015 (three years after the date of allotment, as the provisional allotment letter, Ex.C-10, was issued on 15.12.2012) till actual and physical delivery of possession of the plot, as ordered above; and iii) to pay 24,000/-, as compensation for the harassment and mental agony suffered by the complainant, including the cost of litigation. The balance sale consideration payable by the complainant shall be adjusted from the above liability of the opposite parties. In case the opposite parties fail to comply the directions, as ordered above, then in the alternative, they shall:

    i) refund the entire amount deposited by the complainant i.e. 19,60,000/-, along with interest at the rate of 12% per annum from the respective dates of deposit till realization; and Consumer Complaint No.515 of 2018 50 ii) pay 24,000/-, as compensation for the harassment and mental agony suffered by the complainant, including cost of litigation.

    15. Consumer Complaint No.916 of 2018

    47. Similarly, in this case, the complainant became member of opposite party No.1-Society, by paying membership fee of 10,000-, vide receipt dated 01.08.2011 Ex.C-3. The complainant was issued Provisional Allotment Letter dated 02.01.2013, Ex.C-8, as per which plot No.F-77, measuring 150 sq.yds. situated in Sector 111-112, SAS Nagar, Mohali, was allotted her. The total cost of the plot was 18,00,000/-, against which the complainant deposited a total sum of 17,42,500/-, vide receipts, Ex.C-3 to Ex.C-7 and Ex.C-9; which included the total price of the plot as well as membership fee etc. Other averments are similar to that of Consumer Complaint No.515 of 2018. Possession of the plot has not yet been delivered to the complainant. Similar prayer has been made and similar arguments have been raised in this complaint. In this case also, the defence of the opposite parties was struck off, vide order dated 06.02.2019, in the manner discussed in Consumer Complaint No.515 of 2018.

    48. In view of the reasons and discussion held in Consumer Complaint No.515 of 2018, this complaint is allowed and the following directions are issued to the opposite parties:-

    i) to deliver possession of the plot, in question, complete in all respects, along with agreed facilities and amenities and Completion/Occupation Certificate from the competent authority, and to execute the Sale Deed in favour of the complainant, Consumer Complaint No.515 of 2018 51 subject to payment of remaining sale consideration by the complainant, without any interest/penalty; ii) to pay interest at the rate of 12% per annum on the amount deposited by the complainant i.e. 17,42,500/- from 02.01.2016 (three years after the date of allotment, as the provisional allotment letter, Ex.C-8, was issued on 02.01.2013) till actual and physical delivery of possession of the plot, as ordered above; and iii) to pay 22,000/-, as compensation for the harassment and mental agony suffered by the complainant, including the cost of litigation. The balance sale consideration payable by the complainant shall be adjusted from the above liability of the opposite parties. In case the opposite parties fail to comply the directions, as ordered above, then in the alternative, they shall:

    i) refund the entire amount deposited by the complainant i.e. 17,42,500/-, along with interest at the rate of 12% per annum from the respective dates of deposit till realization; and ii) pay 22,000/-, as compensation for the harassment and mental agony suffered by the complainant, including cost of litigation.

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    Comments

    Harpreet Singh v. Sky Rock City Welfare Society
    (Feb 26, 2019)