SHIVALIK VIHAR SITES PVT. LTD Vs. GURCHARAN SINGH

JUDGEMENT

(1.) PRESENT Revision Petitions are being disposed of by this common order, since facts in these petitions are similar and common question of law is involved. Vide two separate orders dated 2.4.2012, State Consumer Disputes Redressal Commission, Chandigarh (short as 'State Commission ') disposed of two appeals filed under Section 27 -A of the Consumer Protection Act, 1986 (short as 'Act ') by the petitioners, against order dated 11.1.2012, passed by District Consumer Disputes Redressal Forum -I, Chandigarh (short as 'District Forum ').

(2.) BRIEF facts are that Consumer Complaints were filed by respondents/complainants on the grounds that petitioners/OPs launched a scheme for selling their apartments, under the name and style of "Shivalik Apartments ". On being convinced by the OP No. 6 (in the original Consumer Complaint) respondents deposited a sum of Rs. 9,78,129 for allotment of a flat. As per Clause 4 of the allotment letter dated 7.1.2006, petitioners were to hand over the possession on or before 7.2.2007 but they failed to do so. Later on, respondents came to know that petitioners were not having the permission from Punjab Govt. for building residential apartments. Respondents approached petitioners a number of times but they flatly refused, either to hand over possession of the flat or refund the amount. The aforesaid acts of the petitioners amount to deficiency in rendering service and indulgence into unfair trade practice.

(3.) DISTRICT Forum,vide its order dated 28.7.2010, allowed the complaints and passed the following directions;