CHD DEVELOPERS LIMITED Vs. SURAJ SHARMA AND OTHERS

JUDGEMENT

(1.) The petitioner has challenged the award of the Permanent Lok Adalat, Public Utility Services, Karnal (hereinafter referred to as the "PLA") dated 26.09.2017, by which application filed by respondents no.1 and 2 under Section 22-C of the Legal Services Authorities Act, 1987 (hereinafter referred to as the "Act") has been allowed.

(2.) In brief, respondents no.1 and 2 booked a Villa No.BVV-T/B310, measuring 1300/144.44 sq. ft./sq. yds., situated in Bule Var Villa, Chandigarh City, Karnal on 03.10.2013 against Booking No.1723 for a total sale consideration of Rs. 55,42,985/-. Respondents no.1 and 2 paid the entire sale consideration but possession of the unit was not delivered to them by the petitioner within the time prescribed. Thus, they filed the application under Section 22-C of the Act in which, after taking into consideration the documentary evidence led by both the parties, the PLA ordered for refund of the amount paid by respondents no.1 and 2 along with interest @ 12% per annum calculation from the date of booking, i.e. 03.10.2013, within 45 days from the date of passing of the order. It was also directed that if the said direction is not complied with, the petitioner would further pay interest @ 18% per annum for the period of default. The PLA also awarded a lump sum compensation of Rs. 2,00,000/- for mental and physical agony besides the litigation expenses of Rs. 21,000/-.

(3.) Learned counsel for the petitioner has vehemently argued that the PLA did not comply with the provisions of Section 22-C(7) of the Act as no efforts were made for holding conciliation proceedings before taking upon adjudication of the lis between the parties on merits.