LAWS(NCD)-2016-5-125

PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY (NOW BDA) THROUGH ITS ESTATE OFFICER, PUDA COMPLEX, BHAGU ROAD, BATHINDA PUNJAB Vs. SASHI KUMAR CHHABRA S/O KUNDAN LAL, R/O HOUSE NO. 1372, STREET NO.8, ABOHAR, TEHSIL ABOHAR DISTT. FAZILKA PUNJAB

Decided On May 24, 2016
Punjab Urban Planning And Development Authority (Now Bda) Through Its Estate Officer, Puda Complex, Bhagu Road, Bathinda Punjab Appellant
V/S
Sashi Kumar Chhabra S/O Kundan Lal, R/O House No. 1372, Street No.8, Abohar, Tehsil Abohar Distt. Fazilka Punjab Respondents

JUDGEMENT

(1.) Challenge in this Revision Petition by Punjab Urban Development Authority (for short "PUDA") [now BDA], is to the common order dated 13.7.2015, passed by State Consumer Disputes Redressal Commission, Punjab at Chandigarh (for short "the State Commission") in First Appeal No.1030/2013, whereby the State Commission has dismissed the Appeal, preferred by PUDA, against the order dated 21.6.2013, passed by the District Consumer Disputes Redressal Forum, Ferozpur (for short "the District Forum"), in Complaint No.62/2013 filed jointly by seven persons. By the said order the District Forum, while accepting the Complaint, had directed PUDA to pay to each of the Complainants a sum of Rs. 7,160.00 along with interest @ 9% per annum from the date of payment of this amount to Bank as interest; Rs. 2,000.00 as compensation for harassment and Rs. 2,000.00 as litigation expenses.

(2.) In March 2011, PUDA, Opposite Party No. 1 in the Complaint, invited applications for allotment of 185 free-hold residential plots of different categories at PUDA Enclave, Fazilka Road, Abohar. Complainants applied for plot of the size of 226 sq. yards each. For making initial deposit with the Application, they raised loan of Rs. 1,40,600.00 each from the Bank, for which all of them paid a sum of Rs. 7,160.00 towards interest to the Bank.

(3.) The grievance of the Complainants was that these plots were to be sold by way of draw of lots but no draw was held. Since allotment of plots was not in sight, the Complainants filed the Complaint seeking refund of the said sum of Rs. 7,160.00 along with interest @ 2% per month till realization; Rs. 5,000.00 towards compensation and Rs. 11,000.00 towards costs to each one of them.