ANKUR MALHOTRA Vs. JTPL TOWNSHIP PVT LTD

JUDGEMENT

(1.) ANKUR Malhotra (in short "the appellant") has filed this appeal against the order dated 6.10.2009 passed by the learned District Consumer Disputes Redressal Forum, SAS Nagar (in short the 'District Forum').

(2.) FACTS in brief are that the Ankur Malhotra appellant/complainant filed the complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter called the "Act"). It was pleaded that on the offer of the respondent before launching of the project and allotment of plot to the general public, appellant purchased the booking of the plot from one Amarpal Singh son of Sh. Gurdev Singh and the booking of the plot measuring 250 Sq. yards was allowed by the respondent vide letter dated 25.8.2008 in favour of the appellant and also issued the receipt of payment of Rs.2,60,000 along with the transfer letter of the booking in favour of the appellant.

(3.) VIDE letter dated 5.3.2009, the respondent issued the allotment letter with the list of the proposed allottee and allotted a plot No.563 measuring 180 Sq. yards and also issued the payment plan y installments and asked the appellant to make the payment of the balance sale consideration of the residential plot as per the schedule of payment and to pay the same by 30th November, 2009 by way bf six equal installments i.e. 90% of the sale consideration and 10% of the balance at the time of intimation of possession i.e. by 31.1.2010 and also issued further principal terms and conditions forming a part of his application for provisional allotment of residential plot in JTPL City, Mohali mentioning therein different terms and conditions which were not acceptable to the allottee because at the time of prepunching scheme, the respondent assured that the possession of the plot shall be delivered immediately on the receipt of the full and final payment. But as per the terms and conditions supplied, it was mentioned that the possession of the plot shall be delivered within a period of 24 months approximately from the date of execution of the allotment letter as per the terms and conditions mentioned in Clause 17 of Appendix A and forwarded the same for signature of the appellant.