PUDA THROUGH ITS ESTATE OFFICER. SHOP Vs. DR. RAMA SOFAT W/O SH. J.R. SOFAT, HIRA SINGH ROAD, GHUMAR MANDO CHOWK, CIVIL LINES, LUDHIANA PUNJAB

JUDGEMENT

(1.) These revision petitions have been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 13.09.2012, passed by the Punjab State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in the appeals, FA No. 770/2007, "Punjab Urban Development Authority (PUDA) Vs. Dr. Rama Sofat" and FA No. 773/2007, "PUDA Vs. Sunil Kumar Gupta" vide which, while dismissing both the appeals, the order passed by the District Forum on 15.02.2007, in Consumer Complaint No. 334/2004 of Dr. Rama Sofat and Consumer Complaint No. 262/2004 of Sunil Kumar Gupta, allowing the said complaints, was upheld.

(2.) Briefly stated, the matter involves the charging of extension fee by the OP PUDA from the complainants on the ground that they failed to raise construction on the plots allotted to them by the OPs, within the time prescribed. In the consumer complaints, the complainants stated that the demand raised by PUDA for the non-construction fee was not in accordance with rules/regulations on the subject. The issue had been the subject of litigation in many cases in different courts and as per the decisions taken in those cases, PUDA was not entitled to charge the said amount from the complainants.

(3.) The District Forum vide their order dated 15.02.2007, allowed the said complaints and held that PUDA had charged excess amount from them which was against the rules. They directed the OP PUDA to recalculate the amount and issue demand notice, if any, or to issue the refund order after the said calculations. Being aggrieved against the said order, the OP PUDA challenged the same by way of appeals before the State Commission. However, both the appeals were dismissed by the State Commission vide impugned order, being aggrieved against which, the OP PUDA is before this Commission by way of the present revision petitions.