1.       Heard Mr. Kartik Yadav, Advocate as proxy counsel for the complainant and Mr. P.N. Puri, Advocate for the opposite parties.

2.       Smt. Neeraj Jindal has filed above complaint for directing the opposite parties to (i) refund the amount of Rs.72,18,240/- with interest @ 16% per annum from the date of respective deposit till its realization; (ii) pay Rs.30,00,000/- as compensation for unfair trade practice, mental agony and harassment; (iii) pay Rs.77,000/- as cost of litigation; and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case.

3.       The complainant stated that Jalandhar Improvement Trust was a statutory Authority and opposite party No.2 was its Executive Officer. The opposite party launched a scheme of plotted colony in the name of “Surya Enclave Extension” in the year 2011 and made wide publicity of it. The complainant submitted an application on 06.09.2011 for allotment of a plot and deposited the earnest money of Rs.6,05,000/-. The opposite party allotted the plot through lottery draw. The opposite party vide letter dated 23.12.2011 communicated that the complainant was allotted Plot No.83-D area 356 Sq. Yards for a total consideration of Rs.56,90,030/-. The two modes of payment had been prescribed. In first mode, the balance amount had to be paid within 30 days of the allotment, while in second mode, an amount of Rs.11,51,030/- had to be paid within 30 days of allotment and balance amount had to be paid in 5 equal installments starting from 21.06.2012 to 21.06.2014. The complainant deposited the amount of Rs.11,51,030/- on 20.01.2012 i.e. within 30 days of the allotment and opted for payment of balance amount in installments which were paid as follows:-

4.       As per allotment letter, the opposite party was required to hand over possession within period of 2½ years from the date of allotment. The said period has expired in June, 2014. However, the opposite party has neither developed the plot nor handed over the possession. In June, 2015, the complainant came to know that High Court of Punjab and Haryana, Chandigarh has directed the parties to maintain status quo in the Writ Petition filed by the farmers against the acquisition of the land due to which the plot was neither developed nor possession was handed over to the Allottees. There was no hope that the complainant would get possession in near future. As such the complainant visited the office of the opposite party on 09.10.2015 and through a written letter requested to refund their money, if possession is not possible. When the opposite party did not respond for return of the money then this complaint was filed on 24.02.2016.

5.       The complaint was admitted and notices issued by this Commission were served on the opposite parties on 04.04.2016. The opposite party, however filed their written reply on 15.07.2016 along with application for condoning the delay in filing the written reply. However, this Commission found that written reply has been filed after 45 days of the service of notice as such delay was not condoned and the written reply was rejected vide Order dated 11.01.2017. The complainant filed Affidavit of Evidence. Although, the parties were granted time for filing their written synopsis, but written synopsis have not been filed. Therefore, the arguments were heard.

6.       We have considered the arguments of the counsel for the parties and examined the record. There is no dispute that scheme of plotted colony namely “Surya Enclave Extension” was circulated in the year 2011 and applications were invited for allotment. The complainant submitted his application on 06.09.201 along with application money under general category. In the lottery draw, he was allotted Plot No.83-D and allotment letter dated 23.12.2011 was issued to the complainant. The complainant deposited the require amount and opted for payment of balance amount in 5 equal installments as fixed in the allotment letter. Although, the complainant could not deposit the balance upto 21.06.2014 as provided in the allotment letter, but the opposite party has accepted the balance amount along with interest till 19.12.2014. As per allotment letter possession has to be delivered within 2½ years from the date of allotment. The said period expired in the June, 2014. However, due to interim orders passed by the High Court of Punjab and Haryana, Chandigarh, the opposite parties could not undertake the development works till 2015. It is alleged that the Writ Petition in which interim order was passed was dismissed on 23.12.2015 but there is nothing on record to show that the plots were developed and possession was ever offered to the Complainant. It is well settled that a home buyer cannot be made to wait for possession for unlimited period. In the facts and circumstances of the case, the complainant is entitled for refund of his money.

ORDER

           In view of the aforesaid discussions, the complaint is partly allowed. The opposite party is directed to refund the entire amount deposited by the complainant with interest @ 9% per annum from the date of respective deposit till the date of refund within a period of two months from the date of this Judgment.