MOTIA DEVELOPERS PVT. LTD Vs. SARANJEET KAUR

JUDGEMENT

(1.) The present First Appeal (FA) has been filed by the Appellant against Respondent as detailed above, under sec. 19 of Consumer Protection Act 1986, against the order dtd. 24/4/2018 of the State Consumer Disputes Redressal Commission, Punjab, (hereinafter referred to as the "State Commission"), in Consumer Complaint (CC) no 886 of 2017 inter alia praying to quash and set aside the impugned judgment and final order dtd. 24/4/2018 passed by the State Commission. The Appellant was the Opposite Party (OP) and the Respondent was Complainant in the said CC 886/2017 before the State Commission.

(2.) Notice was issued to the Respondent on 8/8/2018. Operation of the impugned order was stayed subject to Appellant depositing 50% of the decretal amount as ordered by the State Commission. The Appellant and the Respondent filed their Written Arguments/Synopsis on 8/5/2019 and 11/2/2022 respectively.

(3.) Brief facts of the case, as emerged from the FA, Order of the State Commission and other case records are that vide allotment letter dtd. 1/3/2014, the complainant (Respondent herein) was allotted residential apartment No.1104, Floor 11, Tower No. 19 in Royal Citi, Chandigarh, Ambala Highway Zirakpur Tehsil Derabassi Distt. Mohali, measuring 1460 sq.ft. by the OP (Appellant herein), for a sale consideration of Rs.46,40,000.00. An agreement was got executed on 1/3/2014 itself. Although as per allotment letter, flat was to be delivered in 30 months, as per Agreement, the period was changed to 36 months. A tripartite agreement was executed by OP with complainant and Axis Bank Limited vide which a loan of Rs.35.00 lakhs was sanctioned to complainant. As per the tripartite agreement, the instalments were to be claimed by OP directly from the bank. The payment of Rs.43,08,914.00 was made to OP (Rs.32,08,914.00 from Bank and remaining paid by the complainant). As the possession of the flat, complete in all respects along with completion certificate (CC) was not delivered by the OP, Complainant filed a consumer complaint before the State Commission seeking refund of amount paid along with compensation.