This common order shall dispose of both the above mentioned Revision petitions as the facts and the point of law involved in them is the same.  Facts are being taken from Revision petition No.1116/2012.

Complainant/respondent was allotted a plot No.367 measuring         300 sq. yards in Mohali Hills by the appellants/Opposite Parties.  Prior to allotment, the complainant filed Advance Registration Form dated 19.11.2005 along-with a cheque in the sum of Rs.6 Lac.  The basic price of the plot, as per Advance Registration Form, was Rs.10,000/- per sq. yard + EDC,  as applicable per square yard, as per prevailing rate on the allotment of PLC, if applicable.  This Advance Registration Form was duly accepted by the appellants.  According to the complainant, at the time of issuance of provisional allotment letter dated 08.03.2007, the

-3-

petitioners stated therein the price of the plot @ Rs.11,500/- instead of Rs.10,000/- per sq. yard.  It was stated that the price, so quoted, in the provisional allotment letter by the petitioners, was against the terms and conditions of the Advance Registration Form.  The complainant requested the petitioners not to charge the price @ Rs.11,500/- per sq. yard.  He was assured by the petitioners that the excess amount shall be adjusted in future installments which the petitioners failed to adjust; that the petitioners had charged Rs.4,50,000/- in excess. In all complainant deposited a sum of Rs.28,44,522/- towards the price of the plot till 16.09.2008.  On a visit to the site, respondent found that no development work had been undertaken and as such he stopped payment of remaining installments.  A letter dated 26.02.2010 was written by the respondent to the petitioners alleging that no development work had taken place.  Further say of the complainant was that as per the Agreement dated 18.06.2007 executed between the parties, the project was to be completed within two years, but till 23.09.2010, i.e. the date of filing of the complainant, the same was not completed. 

          Petitioners on being served entered appearance and stated that they did not receive any payment prior to 06.09.2006.  It was stated that

-4-

the complainant/respondent had himself defaulted in making payment of the installments; that they had completed the infrastructure and offered possession of 800 plots to the purchasers.

            District Forum allowed the complaint and directed the petitioners to refund the deposited amount along with interest @ 12% p.a. till the date of handing over of the possession of the plot in question.  Rs.25,000/- were awarded as compensation and Rs.10,000/- as costs.

            Not satisfied with the order passed by the District Forum, petitioners filed appeals before the State Commission which have been dismissed

                 The cases came up for preliminary hearing on 11.01.2013.  On the said date, counsel for the petitioners stated that the petitioners were prepared to allot an alternative plot of the same measurement in the same Sector to the respondents/complainants at the old price PROVIDED the respondents waive the interest awarded by the District Forum and pay the balance amount of Rs.6 Lac.  Counsel for the respondent accepted the offer and stated that the respondents were prepared to accept the alternative plot, pay the balance amount and waive the interest PROVIDED petitioners did not charge extra for the preferential plot.  In pursuance to the Undertaking given to the court,

-5-

counsel for the petitioners handed over a letter offering possession of plot Nos. 479 and 482 to the respondent.  Respondent accepting the offer made by the petitioners has paid the balance amount of Rs.7,74,552/-.  The dispute between the parties has been amicably settled.  Petitioners have allotted the plots to the respondents and have already handed over the possession.

             Order of the District Forum is modified in terms of the settlement arrived at between the parties.

          Appeals stand disposed of.