Present: Sh. KC Malhotra, Adv Counsel for the Complainant.

This complaint is filed by the complainant, wherein alleged that the complainant was allotted LIG Flat No.10-A, Bibi Bhani Complex, Guru Amar Dass Nagar, Jalandhar, on 16.08.2009 in a Lucky Draw and accordingly, the complainant had deposited all the requisite papers as well as completed other formalities. The only formality, which was to be completed to give the possession of allotted flat duly completed with all the amenities and ultra-modern facilities with quality of standard construction within a stipulated period as agreed and promised in allotment letter issued by the OP. The complainant had also paid the whole price of Rs.5,54,974/- to the OP as incorporated in the allotment letter dated 28.01.2010.

The complainant had earlier filed a Consumer Complaint No.64 of 2015 seeking direction to give possession of the Flat and damages and cost of litigation expenses of Rs.22,000/- on the assurance of OP that the allotted flat under the scheme would be completed with all the facilities and amenities as agreed and promised. The complainant believing as gentleman assurance was taken in sweet words of OP and restricted his complaint only for award of the compensation. The complainant was accepted the order of the Forum dated 03.03.2015. Aggrieved and dissatisfied by the order aforesaid, the OP assailed the order of Hon'ble Punjab State Commission, Chandigarh by filing First Appeal No.368 of 2015, but the said appeal was dismissed on 24.04.2015 and thereafter, the complainant filed an execution application before the District Forum for payment of the compensation awarded and cost, OP after service of the notice complied with the impugned order and paid the awarded compensation and litigation expenses. That due to severe delay, the complainant and other home buyers crying foul and there was no hope in site of delivery of physical possession with all amenities. The depressed, disappointed, frustrated and disgusted complainant has come to know that allotted plot is still incomplete and not in habitable condition to deliver physical possession with agreed and promised amenities and facilities. It is pertinent to mention that even after protected follow of and lapse of more than seven years from the date of allotment, the flats allotted under the scheme and physical possession to allotee complainant are still in limbo. It is further worthwhile to mention that good number of complaints of several allottee are pending return of money paid with interest and compensation before this Forum. It has also come on record of this Forum in pending complaint relatable to Bibi Bhani Development Scheme, wherein it has been established by report of qualified architect regarding non completion and delivery of possession of the flats habitable with all necessary amenities as per the allotment letter as agreed and promised even at this stage. Moreover, the OP is/was deficient in not delivering possession. In the back drop of above facts and circumstances, there is no other option except to get refund/return of the amount of Rs.5,54,974/-, hence, the present complaint filed with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the amount of Rs.5,54,974/- with interest and further OPs be directed to pay proceedings cost of Rs.10,000/- and compensation for harassment of Rs.2,00,000/- and expenses on account of fees, postal expenses etc. to the tune of Rs.1000/-.

We have heard the learned counsel for the complainant on the question of admissibility of the complaint.

After going through the contents of the complaint, it reveals that the complainant had already filed a complaint in regard to same flat for seeking relief of possession as well as compensation and the said complaint of the complainant was decided on 03.03.2015 having CC No.330/2014, photostat copy of the order of this Forum is placed on the file by the complainant. In the previous complaint, the complainant sought the relief of only possession of the flat, so allotted to the complainant along with compensation, but he himself emitted the relief of refund of the price of the flat and we think when once any relief is emitted, then the same cannot be re-agitated or claim in any following complaint, similar situation is in the present complaint, when the complainant in previous complaint the relief of refund of the price of flat is not claimed, then he is barred to claim the said relief in a fresh complaint and accordingly, we are of the considered opinion that the instant complaint of the complainant is not maintainable, therefore, the same is dismissed. Copy of the order be supplied to the complainant free of cost, as per Rules. File be consigned to the record room.

Dated Harvimal Dogra Karnail Singh

03.07.2018 Member President