Decided on August 17,2020

M/S. Barnala Builders And Property Consultants Appellant
U.C.Arora Respondents


- (1.) The present first appeal has been filed by M/s Barnala Builders and Property Consultants against the order dated 02.01.2019 of the Punjab State Consumer Disputes Redressal Commission, Chandigarh ('the State Commission) in Complaint no. 230 of 2016.
(2.) The brief facts of the case are that the complainant booked 2 apartments measuring 1852 sq. ft. consisting of 3 BHK each and therefore, apartment no. 602 and 604 were allotted vide allotment letter dated 19.10.2012 and 27.10.2012 respectively. The total value of the said flats after the discount was fixed to Rs.50,00,000/- and Rs.51,00,853/- respectively. The complainant deposited an amount of Rs.70,50,426/- towards the sale consideration of both the flats. Later, the complainant in lieu of both flats purchases an alternative 5 BHK flat bearing no. 603 vide allotment letter 07.02.2014 for total consideration of Rs.76,16,0000/- (after discount) and the deposited amount was adjusted towards the price of this alternative flat. As per the new allotment letter, the possession was to be handed over in May 2015 subject to clearance of all the installments. However, the OP offered the possession of the flat in question vide letter dated 15.04.2016. Aggrieved by the act of the OP, the complainant filed a complaint before the State Commission on 01.08.2016.
(3.) Complaint no.230/2016 was dismissed in limine by the State Commission vide order dated 05.09.2016. Thereafter, first appeal no. 1333/2016 filed by the complainant before this Commission was allowed vide order dated 18.09.2018. This Commission directed the State Commission to admit the complaint and to decide the same on merits without raising the issue of jurisdiction.;

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