TANEJA DEVELOPERS AND INFRASTRUCTURE LTD Vs. SANDEEP SINGH

JUDGEMENT

(1.) The complainant / respondent booked a residential plot with the appellant in a project namely "TDI City", which the appellant was to develop in Mohali. Vide letter dated 19.9.2008, a plot bearing No. 199 and admeasuring 250 Sq. Yards in the above referred project was allotted to him at a price of Rs.22.00 lacs. The complainant made a payment of Rs. 7,50,000/- on different dates. This is also the case of the appellant that he could not make balance payment to the appellant since he was to obtain finance for payment of the balance sale consideration but the appellant did not issue the NOC, which was essentially required for disbursement of the loan, though, the said loan had been sanctioned by LIC Housing Finance Limited. The appellant cancelled the allotment vide its letter dated 02.12.2009 on account of the non-payment of the balance sale consideration. Being aggrieved, the complainant approached the concerned State Commission by way of a consumer complaint, seeking possession of the allotted plot or an alternative, refund from the appellant, along with compensation etc.

(2.) The complaint was resisted by the appellant primarily on the ground that the complainant had failed to pay the balance amount of Rs.12,01,250/-, despite the said amount having been demanded from him and therefore, the cancellation was justified.

(3.) The State Commission allowed the complaint and directed the appellant as under: