P U D A Vs. JASWINDER SINGH

JUDGEMENT

(1.) This order will govern the disposal of Revision Petition Nos. 532 to 574/2004 which arise out of a common order dated 9.12.2003 of Consumer Disputes Redressal Commission Union Territory, Chandigarh.

(2.) By the order dated 3.6.2003 batch of 45 complaints was decided by the District Forum with direction to the petitioner/opposite party Authority to charge the advertised price of the flat (s) of Rs. 6,30,000 and pay interest @ 12% per annum on the deposited amount(s) for a period of one year and four months. Respondents herein were also the complainants in above batch of complaints. Facts of one of the complaints bearing No. 491/2002, Ajay Walia v. PUDA and another which are referred to in District Forum's order, were these :

(3.) Petitioner-Authority floated a scheme for allotment of 784 flats of MIG, Super Category in Sector 70, Mohali on hire purchase basis. As per brochure issued by petitioner, the allocation of flats was to be made within 90 days from the date of closure of scheme on 14.9.1995. Mr. Walia who had applied for allotment of a flat under the scheme, was successful in draw of lots and allotted a flat vide allotment No. 6172 dated 10.8.1998. In the brochure, tentative cost of flat was shown as Rs. 6,30,000. However, in allotment letter the price of flat was indicated as Rs. 7,67,000. Mr. Walia took possession of the flat reserving right to challenge the enhancement in price and delay in handling over possession thereof. It was further alleged that in C.W.P. No. 17627 of 1997 by the order dated 28.12.1999 the Punjab and Haryana High Court directed the Authority to make available the details of the factors which contributed to increase in price of allotted flats to the petitioners therein and to consider the representations of the petitioners, if made, within two months if the petitioners felt aggrieved by the decision taken on representations they were free to avail of appropriate legal remedy. Decision made on the representations was communicated to the petitioners, vide letter No. 9552 dated 27.4.2000 which revealed that Authority had enhanced the price of land from Rs. 1,200 to Rs. 2,700 per sq. yard after the date by which possession of flats was to be given. In said complaint No. 491/2002 direction was sought to the Authority to refund the excess amount realised, etc. Complaint was contested by filing written version by the petitioner-Authority, amongst others, on the ground that issue of pricing of flats cannot be gone into by the Forum and complaint filed in 2002 was barred by time as possession of allotted flat had been taken by Mr. Walia some time in the year 1998. Remaining complaints were filed seeking similar relief and were contested by the petitioner-Authority on identical pleas. Against aforesaid order of District Forum dated 3.6.2003 both the parties filed appeals. Against aforesaid order of District Forum dated 3.6.2003 both the parties filed appeals. Appeals of respondents were dismissed while appeals filed by petitioner-Authority were partly allowed setting aside part of the order in regard to payment of interest.