BATHINDA DEVELOPMENT AUTHORITY THROUGH ITS ESTATE OFFICER Vs. GURVRINDER SINGH & ANR S/O HARCHAND SINGH

JUDGEMENT

(1.) Aggrieved by the orders dated 02.02.2017 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh, (for short "the State Commission") in CC Nos. 295, 296 and 297 of 2015, Bathinda Development Authority (hereinafter referred to as "BDA") has preferred these First Appeals bearing No. 778 to 780 of 2017 under Section 19 of the Consumer Protection Act, 1986 (for short "the Act") whereas First Appeal bearing No. 933 of 2017 has been moved by the Complainant against the impugned order dated 02.02.2017 in CC No. 297 of 2015 seeking enhancement of compensation. By the impugned order, the State Commission has allowed the Complaint in part directing BDA to complete the entire developmental work as referred in the Letter of Intent (LOI) and deliver the possession within a period of 30 days from the date of the receipt of the order till the date of possession, together with interest @ 12% p.a. on the deposited amount from 03.12.2012, i.e. the date of completion of 1.5 years from the issuance of Letter of Intent, till the date of the actual delivery of possession. Compensation of Rs. 25,000/- and costs of Rs. 11,000/- were also awarded.

(2.) Since the facts in these Appeals are all common they are being disposed of by this common order. For the sake of convenience FA No. 778 of 2017 arising out of the impugned order dated 02.02.2017 in CC No. 295/2015 is being taken as a lead case.

(3.) The brief facts as stated in the Complaint are that the plot bearing No. 8, admeasuring 500 sq. yds, situated at Phase-IV & V (BDA Enclave), Bathinda was allotted by BDA to Sh. Sham Singh vide Letter of Intent bearing No. 2493 dated 03.06.2011. Subsequently the Complainant purchased the said plot from Sh. Sham Singh and the Letter of Intent was transferred in the name of the Complainant vide letter dated 20.04.2012. It was stated that Sh. Sham Singh had deposited an amount of Rs. 5,50,000/- towards application fee and Rs. 8,25,000/- towards instalment. As per the Letter of Intent, it was agreed by BDA that possession of the plot in question would be delivered within 1.5 years from the date of issuance of the Letter of Intent i.e. 03.06.2011 after completion of the developmental work.