IMPROVEMENT TRUST Vs. DR. AMIT GARG

JUDGEMENT

(1.) The facts of this Appeal are covered by 24 other Appeals already disposed off by this Commission on 26/7/2024. Out of those 24 Appeals, 12 Appeals had been filed by the present Appellant i.e. the Town Improvement Trust, Bathinda, while the remaining 12 cross Appeals had been filed against the said Town Improvement Trust by 12 different Complainants/Allottees in respect of a project launched by the Appellant at "Manmohan Kalia Enclave, Transport Nagar, Goniana Road, Bathinda".

(2.) After prolonged litigation, the aforesaid Appeals were finally decided by this Commission vide a detailed judgment passed in those 24 Appeals being FA Nos.631, 645 to 651, 653 to 655 and 657 of 2018 filed on behalf of the present Appellant-Town Improvement Trust while the remaining 12 Appeals being FA Nos.866 to 874 and 877 to 879 of 2018 filed on behalf of various CoAllottees in the said project.

(3.) In all those Appeals, it was finally held by this Commission that the concerned Complainants were entitled to refund of the consideration amount paid by them for their respective Apartments, which were not delivered to them for many years long after the agreed date of possession (26/10/2013) had already passed, and that the project itself was nowhere near completion when the Appeals had been filed.