JALANDHAR IMPROVEMENT TRUST Vs. SURINDER KUMAR MODI

JUDGEMENT

(1.) This revision petition has been filed under Sec. 21(b) of the Consumer Protection Act, 1986 against the order dated 23.02.2016 passed in First Appeal No. 1546 of 2014 by Punjab State Consumer Disputes Redressal Commission, Chandigarh (herein after referred as 'the State Commission') whereby the State Commission dismissed the appeal of the opposite parties and upheld the order of the District Consumer Disputes Redressal Commission, Jalandhar (hereinafter referred as 'the District Forum').

(2.) The brief facts relevant for the disposal of the case are that the complainant, Shri Surinder Kumar Modi applied for one HIG flat in the Scheme 17 kanal 1 marla, namely Shri Hare Krishna Tower, Jalandhar through Lucky draw held on 15.09.2006. The complainant was declared successful in the draw of lots and was allotted HIG flat bearing No. 102, Ground floor vide letter JIT/6204 dated 9.11.2006. The complainant was requested to pay Rs. 24,69,600.00 which were paid as per the allotment agreement. As per the term 7 and 11 of the allotment letter, possession was to be delivered in June 2009.

(3.) It is alleged that the OP failed to handover the possession of the flat within 2-1/2 years i.e. by June 2009. Also, OP did not pay the rental charges as agreed for the delayed possession. Hence, complaint was filed before the District Consumer Disputes Redressal Forum, Jalandhar. The District Forum vide order dated 14.10.2014 accepted the complaint and directed OP to pay Rs. 5,40,000.00 as compensation due to failure to deliver the possession of the flat to the complainant till date of filing of present complaint. Also, Rs. 10,000.00 p.m. as compensation for failure to deliver the possession and Rs. 3,000.00 as cost.