LAWS(NCD)-2018-1-118

COL. KULDIP SINGH Vs. EMAAR MGF LAND LTD.

Decided On January 11, 2018
Col. Kuldip Singh Appellant
V/S
EMAAR MGF LAND LTD. Respondents

JUDGEMENT

(1.) This first appeal has been filed by the appellant, Col. Kuldip Singh against order dated 19. 8. 2015 passed by the State Consumer Disputes Redressal Commission, UT Chandigarh ( for short, State Commission) in Consumer Complaint No. 100 of 2015.

(2.) Brief facts of the case are that the appellant applied for allotment of plot in the project of the respondents and a Plot Buyer's Agreement was executed between the parties, at Chandigarh. The appellant paid the amount as per schedule and the possession of the Plot No. 163, Augusta Park, Sector-109, Mohali was to be handed over by the respondents within a period of two years but not later than three years, as per clause 8 of the Agreement. The respondents vide their letter dated 18. 4. 2015 attached with the complaint, relocated the plot, in question to 109-AG-385-300 in Mohali Hills, to the appellant and the said offer was refused by the appellant vide letter dated 11. 5. 2015, to the respondents as being contrary to the agreement, illegal and arbitrary. Written statement was also filed by respondent no. 1 and Evidence was led by the parties before the ld. State Commission. The impugned final order was passed by the State Commission in which the complaint filed by the appellant was dismissed.

(3.) Hence the present first appeal.