JTPL TOWENSHIPS PVT. LTD. JTPL HOUSE, F Vs. KRISHNA DEVI W/O. KRISHAN DEVI, PRESENTLY AT H.NO. 1071, PPPULAR ENCLAVE, SECTOR

JUDGEMENT

(1.) Appellants/Opposite Parties have filed this appeal under Section 19 of the Consumer Protection Act, 1986 (for short, 'Act'), challenging impugned order dated 2.9.2015 passed by Punjab State Consumer Disputes Redressal Commission, Chandigarh (for short, 'State Commission') in Consumer Complaint No.22 of 2013.

(2.) Respondent/Complainant in her consumer complaint filed before State Commission has stated, that she was interested in purchasing a plot in the area of Mohali, so that she might be able to live there after her retirement. She made an application for allotment of a plot, measuring 250 sq. yards in appellants' project 'JTPL City, Mohali'. On 18.03.2009, she was allotted the plot and as per terms of the allotment letter, possession was to be given to her within a period of 24 months. She had been making payments from time to time, strictly as per payment plan. As on 18.12.2009, she has made payment of Rs.21,10,000/- and is ready to pay balance amount as per payment schedule. Since, execution of the allotment letter, more than 47 months have passed but possession of plot has not been delivered to her. She also sent letters through registered post on 19.12.2011 and 21.12.2012, requesting appellant no.1 to deliver the possession. Thus, appellants are deficient in service and have adopted unfair trade practice. Hence, respondent sought the following reliefs;

(3.) Appellants in their written statement have admitted the issuance of allotment letter dated 18.03.2009 in favour of respondent as well as the fact, that possession was to be given within 24 months. They also admitted that respondent has paid Rs.21,10,000/-, as per payment schedule but possession of the plot was not delivered to her due to force majeure and other external forces, like court decisions/government objections etc.