JANTA LAND PROMOTERS LIMITED Vs. NAVNEET MODI

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the order dated 20.12.2012 passed by the Punjab State Consumer Disputes Redressal Commission(hereinafter referred to as "State Commission")in First Appeal No. 1222 of 2008, vide which the State Commission had confirmed order dated 03.09.2008 passed by the District Consumer Disputes Redressal Forum, Ropar in complaint No. 110 dated 23.5.2008, directing the present petitioner not to charge interest of Rs. 2,38,640/- as per their letter dated 05.05.2008.

(2.) Briefly stated, the facts of case are that complainant / respondent Navneet Modi filed an application for allotment of residential plot of 200 Sq.Yards in Janta Residential Township, Sector 91, Mohali in a scheme floated by the petitioner/opposite party. He deposited a sum of Rs. 7.20 lacs (30%) vide Demand Draft No. 490648 dated 01.09.2005 and a booking receipt No.2020 dated 01.09.2005 was issued to him. The total price of the said plot was stated to be Rs. 24.00 lacs @ Rs.12,000/- per Sq. Yard. The petitioner/opposite party issued a letter dated 08.03.2006 to the

(3.) The case of the petitioner is that the complainant had accepted the terms and conditions contained in the letter of allotment dated 30.10.2006, and hence there is a legally binding contract between the parties. The complainant / respondent was asked to have possession of the plot three times, but he never submitted the building plans for approval of the competent authority. The complainant was required to complete the building within three years from the date of issue of possession letter, after getting the plan of the proposed building approved from the competent authority. Further the amount of Rs. 7.20 lacs, which the complainant paid on 18.10.2006 should have been paid within thirty days of the issue of letter of allocation dated 08.3.2006. The complaint of the respondent that the possession of the plot was denied on 18.10.2006 is meaningless because the respondent was informed first time to take possession on 14th and 15th March, 2007, vide letter dated 03.05.2007 only but he did not turn up. The respondent had deposited principal amount of Rs.24.00 lacs but had failed to deposit six monthly interest as well as interest on the late payments as per the contract.