PREMIUM ACRES INFRASTRUCTURE PRIVATE LIMITED AND ANOTHER Vs. PERMANENT LOK ADALAT (PUBLIC UTILITY SERVICE), MOHALI AND OTHERS

JUDGEMENT

(1.) Present writ petition is directed against the award dated 18.01.2016 (Annexure P-8) passed by the learned Permanent Lok Adalat (Public Utility Services), SAS Nagar (Mohali), whereby application moved by respondents No.2 and 3 under Section 22-C of the Legal Services Authority Act, 1987 (for short 'the Act') was allowed on merits, directing the petitioners to refund the amount of respondents No.2 and 3 along with interest and also to pay compensation.

(2.) Heard learned counsel for the petitioners.

(3.) It has gone undisputed before this Court that petitioners were intending to raise construction of residential flats. Respondents No.2 and 3, hereinafter called as the applicants, paid an amount of Rs.18.90 lacs to the petitioners from time to time, as per the terms of agreement between the parties, towards the cost of flat on the ground floor. Its plot number was 2101 measuring 192 square yards in Sector 110, Mohali. The total sale consideration was Rs.35,81,800/-. As per the terms and conditions of agreement, petitioners were to deliver the possession of the constructed flat to the applicants on or before 03.08.2013. In case, the petitioners would fail to hand over the possession upto the agreed date i.e. 03.08.2013, they would pay an amount of Rs.7,000/- per month, on account of default on their part. It is also a matter of record that petitioners did not hand over the possession to the applicants upto the agreed date, despite the fact that the applicants, respondents No.1 and 2 herein, had already made the payment of Rs.18.90 lacs to the petitioners, out of the total sale consideration.