DR. SARABJEET SINGH Vs. SHALIMAR ESTATES PVT. LTD.

JUDGEMENT

(1.) The two Appeals, FA. No. 109 of 2017 and FA. No 110 of 2017 were filed by Dr. Sarabjeet Singh and his wife and Mr. Rajesh Kumar Gupta (the "Appellants"/ "Complainants") against Shalimar Estates Pvt. Ltd. ("Respondent"/"OP"). These appeals challenge the Order dtd. 6/9/2016 in CC/545/2016 and CC/546/2016 respectively passed by the State Consumer Dispute Redressal Commission, U.T. Chandigarh (the "State Commission"), which dismissed both the Complaints.

(2.) Since the facts and questions of law involved in both Appeals are substantially similar, except for minor variations in dates and events, these Appeals are being disposed of by this common Order. For ease of reference, FA No. 109 of 2017 shall be considered as the lead case, and the facts outlined below are derived from Consumer Complaint No. 545/2016.

(3.) Brief facts of the case, as per the complainants, are that they are husband and wife, both qualified medical professionals. They booked a commercial showroom in a project named "Shalimar Plaza," developed by the Opposite Party (OP), on land allotted by the Punjab Small Industries and Export Corporation Limited (PSIEC). Application for purchase was made on 16/2/2006. It was accepted vide demand letter dtd. 28/2/2006, allotting them a "C" category commercial showroom with a super area of 400 sq. ft. Payment schedule was provided along with the allotment. The Complainants deposited a total of Rs.23,31,130.00 towards the price of the unit. As per the terms of the allotment letter, possession was to be delivered within 2 years from the date of the demand letter (i.e., by 27/2/2008). No possession was offered by the due date. The project was readvertised for sale on 28/11/2006 and 12/10/2007, with revised delivery promised by October 2009, which was also not fulfilled. The Complainants earlier filed Consumer Complaint No. 48 of 2009 before the District Forum. Vide order dtd. 30/7/2009, the District Forum allowed the complaint and directed the OP to pay compensation @12% p.a. on the total amount of Rs.23,30,000.00 w.e.f. 1/4/2008 until possession is delivered. Pay litigation cost of Rs.5,000..00 Make monthly payments by the 7th of each succeeding month. Pay penal interest @12% p.a. on amounts due in case of default.