JALANDHAR IMPROVEMENT TRUST Vs. VIKAS MITTAL

JUDGEMENT

(1.) This Revision Petition under Sec. 21(b) of the Consumer Protection Act, 1986 (in short, 'The Act') assails the order dtd. 1/6/2016 passed by State Consumer Disputes Redressal Commission, Punjab (in short, 'State Commission) in First Appeal No. 1647 of 2014 arising out of the order dtd. 5/11/2014 of the District Consumer Disputes Redressal Forum, Jalandhar (in short, 'District Forum) in Consumer Complaint No. 478 of 2013.

(2.) The brief facts of the case, as called from the record, are that the scheme of allotment of free hold residential plots was floated on 8/8/2011 and was closed on 1/9/2011. The respondent applied for a plot and on 26/12/2011 he was allotted plot no. 207-D having area of 200 sq. yds. The respondent was required to make payment within 30 days and in 5 equated half yearly instalments up to 24/6/2014. Allotment letter No. JIT/2789 dtd. 26/12/2011 was issued and as per condition no. 16, 5% discount was available to the complainant if respondent deposit the entire amount of Rs.30,69,450.00 within 30 days till 21/1/2012. A scheme of payments of five instalments was also provided under which payments were made. The petitioner states that he came to know that the land in question was covered with different litigations and, therefore, he moved the petition for refund of the money deposited. However, the petitioner informed that the refund could not be made. On 20/7/2012 respondent was informed by the petitioner that possession of plots would be given after 2' years. The respondent's contention is that there was no such condition in the brochure of the scheme and he has, therefore, sought either possession or refund of the amount deposited of Rs.16,62,332.00 along with Rs.1.00 lakh as compensation for mental harassment and deficiency on part of the respondent.

(3.) The District Forum allowed the complaint holding as under: