JALANDHAR IMPROVEMENT TRUST Vs. SOHAN LAL KUNDI

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 19.05.2017, passed by the Punjab State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in FA No. 871/2016, "Jalandhar Improvement Trust v. Sohan Lal Kundi," vide which, while dismissing the appeal, the order dated 20.09.2016, passed in Consumer Complaint No. 435/2015, filed by the present respondent Sohan Lal Kundi, allowing the said complaint, was upheld.

(2.) Briefly stated, the facts of the case are that the complainant Sohan Lal Kundi made an application for allotment of a flat to the petitioner, Jalandhar Improvement Trust in their 51.5 Acre Development Scheme and deposited a sum of 6 lakh vide draft No. 965297 dated 26.02.2009 drawn on UCO Bank, Jalandhar. Vide allotment letter No. 7004 dated 28.01.2010, Flat No. 7A, 1st Floor, was allotted to the complainant. It was alleged that the complainant was regularly depositing the instalments for the said flat with the petitioner, following which, an agreement of sale was executed in favour of the complainant, but the possession of the flat was not given to him, despite receipt of full and final payment for the same. In the reply/written statement to the complaint filed by the OP Trust, it was admitted that the construction work was being delayed, due to ongoing litigation for the area covered under the Scheme.

(3.) The District Forum vide their order dated 20.09.2016, partly allowed the complaint and directed the OP Trust to refund the amount paid by the complainant, i.e., 6,24,800/- alongwith interest @9% p.a. from the date of receipt of amount till payment. Being aggrieved against the said order of the District Forum, the OP Trust challenged the same by way of an appeal before the State Commission. However, the State Commission dismissed the said appeal and affirmed the order of the District Forum. Being aggrieved against the said order, the OP Trust is before this Commission by way of the present revision petition.