PHOENIX INFRA PVT. LTD Vs. PARAMJIT KAUR TIWANA

JUDGEMENT

(1.) Challenge in these two First Appeals, under Sec. 19 of the Consumer Protection Act, 1986 (for short "the Act"), one by M/s. AIPL Ambuja Housing and Urban Infrastructure Ltd, Opposite Party No.3 in the Complaint/Appellant in First Appeal No. 1545/2017 (for short, "the Land Owner") and the other by the Phoenix Infra Pvt. Ld., Opposite Party No.1 in the Complaint/Appellant in First Appeal No. 1855/2017 (for short, the "Developer"), is to the order dtd. 23/5/2017, passed by the Punjab State Consumer Disputes Redressal Commission at Chandigarh (for short "the State Commission") in Consumer Complaint No. 259 of 2015. By way of impugned order, while allowing the Complaint filed by the Complainant/Respondent No. 1 herein, the State Commission has directed both the Appellants/Opposite Parties to refund a sum of 30,78,000/- to the Complainant along with interest @ 12% p.a. in terms of Rule 17 of PAPRA; to pay 3,00,000/- as compensation for the mental agony and harassment suffered by Complainant and 30,000/- as limitation expenses, within a period of 30 days from the receipt of a copy of the order failing which the compensation amount shall carry interest @ 12% p.a. from the date of order till realization.

(2.) Since both the Appeals emanate from the same impugned Order, these are being disposed of by this common order.

(3.) Succinctly put, the material facts, giving rise to filing of the Complaint, are that the Opposite Party No.3, the Land Owner was the absolute owner and in possession of 6.13 acres of land located at Khanna, Punjab on which they wanted to develop a Township namely "Dream City" consisting of Plots, Villas, Independent Floors etc. Opposite Party No.1, the Developer through its Authorized Signatory (Opposite Party No.2), entered into a 'Memorandum of Understanding' with the Land Owner as its franchisee on 29/9/2012 for purchase of 14640 sq. yards of land for development and construction of multistoried G-2 (ground+ 2 floors) and marketing thereof.