SHOURYA TOWERS PVT. LTD. Vs. SURINDER KAUR PLAHA

JUDGEMENT

(1.) The complainants / respondents booked a residential unit with the appellant in the year 2008 in a project, namely, 'Shourya Greens', which the appellant was to develop in Jalandhar. A residential unit was allotted to the complainants for a consideration of Rs.2953425/-, out of which Rs.2575413/- already stand paid by the appellants. In terms of the agreement executed between the parties on 8.1.2009. The possession of the unit was to be delivered by December, 2009. The possession having not been delivered, the complainants approached the concerned State Commission by way of a consumer complaint instituted on 22.11.2016, more than seven years after the date by which the possession was to be delivered had expired, seeking possession of the allotted unit or in the alternative refund of the amount which the complainants had paid to the appellants with compensation.

(2.) The complaint was resisted by the appellants who admitted the allotment made to the complainants, the agreement executed with them as well as the payment received from them. It was also not disputed that the possession of the allotted unit had not been delivered to the complainants.

(3.) The State Commission vide its impugned order dated 7.12.2017 directed as under:-