NCDRC

NCDRC

FA/1970/2018

THE PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD. - Complainant(s)

Versus

VINOD KASHYAP & ANR. - Opp.Party(s)

MS. RITU PUNJ & MR. RAJESH PUNJ

20 Nov 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 1970 OF 2018
 
(Against the Order dated 24/04/2018 in Complaint No. 767/2017 of the State Commission Chandigarh)
1. THE PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.
THROUGH ITS SUPERINTENDING ENGINEER SEWA SINGH, S/O. JAGIR SINGH, SCO NO 150-152, SECTOR 34A,
CHANDIGARH
...........Appellant(s)
Versus 
1. VINOD KASHYAP & ANR.
FLAT NO 97 HOUSEFED SOCIETY SECTOR 79 SAS NAGAR
MOHALI
PUNJAB
2. SMT. BINDIYA KASHYAP
W/O. VINOD KASHYAP, FLAT NO 97, HOUSEFED SOCIETY SECTOR 79 SAS NAGAR
MOHALI
PUNJAB
...........Respondent(s)
FIRST APPEAL NO. 1976 OF 2018
 
(Against the Order dated 24/04/2018 in Complaint No. 768/2017 of the State Commission Punjab)
WITH
IA/21332/2018(Substituted service)
1. PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.
THROUGH ITS SUPERINTENDING ENGINEER REJINDER SINGH, S/O. KARTAR SINGH , SCO NO 150-152, SECTOR 34A
CHANDIGARH
...........Appellant(s)
Versus 
1. TARIK DEEP SINGH
S/O. SH. HARBANS SINGH RESIDENT OF FLAT NO 130, HOUSEFED SOCIETY SECTOR 79 SAS NAGAR
MOHALI
PUNJAB
...........Respondent(s)
FIRST APPEAL NO. 1977 OF 2018
 
(Against the Order dated 24/04/2018 in Complaint No. 769/2017 of the State Commission Punjab)
WITH
IA/21333/2018(Substituted service)
1. PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.
THROUGH ITS SUPERINTENDING ENGINEER SEWA SINGH, S/O. JAGIR SINGH , SCO NO 150-152, SECTOR 34A
CHANDIGARH
...........Appellant(s)
Versus 
1. GURWINDER SINGH
S/O. SH. JAGDEV SINGH, RESIDENT OF FLAT NO 133, HOUSEFED SOCIETY SECTOR 79 SAS NAGAR
MOHALI
PUNJAB
...........Respondent(s)
FIRST APPEAL NO. 1978 OF 2018
 
(Against the Order dated 24/04/2018 in Complaint No. 770/2017 of the State Commission Punjab)
WITH
IA/21334/2018(Summon in the record)
1. PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.
THROUGH ITS SUPERINTENDING ENGINEER SEWA SINGH, S/O. JAGIR SINGH , SCO NO 150-152, SECTOR 34A
CHANDIGARH
...........Appellant(s)
Versus 
1. DHARAMVIR SINGH WALIA
S/O. SHRI JAGMOHAN SINGH FLAT NO 129 HOUSEFED SOCIETY SECTOR 19 SAS NAGAR
MOHALI
PUNJAB
...........Respondent(s)
FIRST APPEAL NO. 1979 OF 2018
 
(Against the Order dated 24/04/2018 in Complaint No. CC/771/2017 of the State Commission Punjab)
WITH
IA/21335/2018(Summon in the record)
1. PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.
THROUGH ITS SUPERINTENDING ENGINEER SEWA SINGH, S/O. JAGIR SINGH , SCO NO 150-152, SECTOR 34A
CHANDIGARH
...........Appellant(s)
Versus 
1. HARDYAL SINGH
S/O. AMAR SINGH, RESIDENT OF FLAT NO 123, HOUSEFED SOCIETY SECTOR 79 SAS NAGAR
MOHALI
PUNJAB
...........Respondent(s)
FIRST APPEAL NO. 1980 OF 2018
 
(Against the Order dated 24/04/2018 in Complaint No. 772/2017 of the State Commission Punjab)
WITH
IA/21336/2018(Summon in the record)
1. PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.
THROUGH ITS SUPERINTENDING ENGINEER SEWA SINGH, S/O. JAGIR SINGH, SCO NO 150-152, SECTOR 34A
CHANDIGHAR
...........Appellant(s)
Versus 
1. DR. JASVEER KAUR GHUMAN
W/O. SHRI HARVINDER PAL SINGH RESIDNET OF FLAT NO 163, HOUSEFED SOCIETY SECTOR 79 SAS NAGAR
MOHALI
PUNJAB
...........Respondent(s)
FIRST APPEAL NO. 1981 OF 2018
 
(Against the Order dated 24/04/2018 in Complaint No. 773/2017 of the State Commission Punjab)
WITH
IA/21337/2018(Summon in the record)
1. PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.
THROUGH ITS SUPERINTENDING ENGINEER SEWA SINGH, S/O. JAGIR SINGH , SCO NO 150-152, SECTOR 34A
CHANDIGARH
...........Appellant(s)
Versus 
1. RAVI KUMAR
S/O. SH. JAGAN NATH, FLAT NO 138, HOUSEFED SOCIETY SECTOR 79 SAS NAGAR
MOHALI
PUNJAB
...........Respondent(s)
FIRST APPEAL NO. 1982 OF 2018
 
(Against the Order dated 24/04/2018 in Complaint No. 774/2017 of the State Commission Punjab)
WITH
IA/21338/2018(Summon in the record)
1. PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.
THROUGH ITS SUPERINTENDING ENGINEER SEWA SINGH, S/O. JAGIR SINGH , SCO NO 150-152, SECTOR 34A
CHANDIGARH
...........Appellant(s)
Versus 
1. SUKHPAL SINGH SUR
S/O. BRIG. TEJPAL SINGH SUR, FLAT NO 155, HOUSEFED SOCIETY SECTOR 79 SAS NAGAR
MOHALI
PUNJAB
...........Respondent(s)
FIRST APPEAL NO. 1983 OF 2018
 
(Against the Order dated 24/04/2018 in Complaint No. 775/2017 of the State Commission Punjab)
WITH
IA/21339/2018(Summon in the record)
1. PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.
THROUGH ITS SUPERINTENDING ENGINEER SEWA SINGH, S/O. JAGIR SINGH , SCO NO 150-152, SECTOR 34A
CHANDIGARH
...........Appellant(s)
Versus 
1. CHARANPREET VERMA
S/O. SH. SOM NATH, FLAT NO 136, HOUSEFED SOCIETY SECTOR 79 SAS NAGAR
MOHALI
PUNJAB
...........Respondent(s)
FIRST APPEAL NO. 1984 OF 2018
 
(Against the Order dated 24/04/2018 in Complaint No. 776/2017 of the State Commission Punjab)
WITH
IA/21340/2018(Summon in the record)
1. PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.
THROUGH ITS SUPERINTENDING ENGINEER SEWA SINGH, S/O. JAGIR SINGH , SCO NO 150-152, SECTOR 34A
CHANDIGHAR
...........Appellant(s)
Versus 
1. ASHUTOSH MANGLA & ANR.
S/O. S.B. MANGLA, FLAT NO 174, HOUSEFED SOCIETY SECTOR 79 SAS NAGAR
MOHALI
PUNJAB
2. SMT ASHIM MANGLA
W/O. SH. ASHUTOSH MANGLS FLAT NO 174, HOUSEFED SOCIETY SECTOR 79 SAS NAGAR
MOHALI
PUNJAB
...........Respondent(s)
FIRST APPEAL NO. 1985 OF 2018
 
(Against the Order dated 24/04/2018 in Complaint No. 777/2017 of the State Commission Punjab)
WITH
IA/21341/2018(Summon in the record)
1. PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.
THROUGH ITS SUPERINTENDING ENGINEER REJINDER SINGH, S/O. KARTAR SINGH, SCO NO 150-152, SECTOR 34A
CHANDIGHAR
...........Appellant(s)
Versus 
1. SHIVANI SHARMA
D/O. DHARMPAL SHARMA, RESIDNET OF FLAT NO 154, HOUSEFED SOCIETY SECTOR 79 SAS NAGAR
MOHALI
PUNJAB
...........Respondent(s)
FIRST APPEAL NO. 1986 OF 2018
 
(Against the Order dated 24/04/2018 in Complaint No. 53/2018 of the State Commission Punjab)
WITH
IA/21342/2018(Summon in the record)
1. PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.
THROUGH ITS SUPERINTENDING ENGINEER SEWA SINGH, S/O. JAGIR SINGH , SCO NO 150-152, SECTOR 34A
CHANDIGARH
...........Appellant(s)
Versus 
1. RAJINDER SINGH
S/O. NARINDER SINGH, FLAT NO 108, HOUSEFED SOCIETY SECTOR 79 SAS NAGAR
MOHALI
PUNAJB
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Appellant :
Mr. Rajesh Punj, Advocate in all the Appeals
For the Respondent :

Dated : 20 Nov 2018
ORDER

Heard the Learned Counsel for the Appellant and perused the impugned orders, passed by the Punjab State Consumer Disputes Redressal Commission at Chandigarh (for short “the State Commission”).   

As the issues involved in all these Appeals are common, we are stating only the facts of First Appeal No. 1970 of 2018 in short.     

It is not in dispute that the enhanced price of the flats, allotted to the Respondents, was received by the Appellant on 15.07.2014.  However, on 08.04.2015 the Government took a decision for payment of the stamp duty/conveyance charges on the old rates, on which the flats were allotted to the Respondents herein.  The conveyance deed was executed on 01.06.2015 and the excess amount, realized by the Appellant towards enhanced charges of conveyance deed, was refunded on 01.10.2015.  Thus, for all practicable purposes, for a period of about 1 year and 2½ months, the Appellant had enjoyed the benefit of enhanced amount, which it had received from the Respondents herein and, therefore, the State Commission was perfectly justified in directing the Appellant to refund the amount, along with interest @ 12% p.a. from the date of the deposit till the date of refund. 

So far as the submission of the Learned Counsel for the Appellant that the State Commission was not justified in granting compensation of ₹55,000/- is concerned, we are of the considered opinion that the compensation is towards the mental agony suffered by the Respondents and requires no interference.

In view of the above, the Appeals fail and are dismissed in limine.

The statutory amount, deposited by the Appellant at the time of filing the Appeals, be refunded to it.  

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
M. SHREESHA
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.