KAMLESH BHATTI Vs. COUNTRY COLONISERS PRIVATE LIMITED

JUDGEMENT

(1.) This consumer complaint has been filed under Sec. 21 (a) (1) of the Consumer Protection Act, 1986 (in short, 'the Act') alleging deficiency in service on the part of the opposite party in delay in handing over the possession of a residential plot booked by the complainant. The opposite party resisted the complaint by way of reply to which rejoinder was filed by the complainant. Both the parties filed their short synopsis of arguments.

(2.) We have heard the learned counsel for both the parties and perused the records carefully.

(3.) Briefly put, the facts of the case are that the complainant booked a 500 sq yds residential plot in the project 'Fair Lakes' in Sector 85, SAS Nagar, Mohali on transfer of the plot from one Avatar Singh on 28/12/2009 for a sale consideration of Rs.80.00 lakh. As per the Plot Allottee Agreement dtd. 15/4/2012, plot no.D 58 was allotted. As per clause 5.1 of the above agreement, the developed plot was to be handed over within 36 months or by 14/4/2015. Since the plot was not handed over, a legal notice dtd. 9/1/2017 was issued by the complainant seeking refund of Rs.73,33,022.00 with interest @ 18% on Rs.28,00,022.00 for the period from the booking till the date of signing of the agreement.