- (1.) THESE petitions filed for setting aside the order passed by the National Consumer Disputes Redressal Commission (for short, 'the National Commission ') whereby the revision petitions filed by the petitioners were dismissed with cost cannot but be termed as frivolous piece of litigation.
(2.) THE respondents booked flats in Shivalik Apartments, Kharar (Punjab) proposed to be built by the petitioners. They deposited the total cost of flats. In the allotment letters issued by the petitioners, it was clearly mentioned that possession of the flats will be handed over within 13 months. After waiting for almost two years, the respondent filed complaints under Section 12 of the Consumer Protection Act, 1986. They also filed civil suit in the Court of Civil Judge (Junior Division), Kharar and succeeded in persuading the concerned Court to pass an order of status quo in the matter of alienation of the land on which the petitioner was to build apartments.
(3.) THE complaints filed by the respondents were allowed by the District consumer Disputes Redressal Forum in the following terms: "(a) The OPs shall hand over the possession of the flat in question to the complainant within a period of 10 months from the date of filing of the present complaint i.e. by 18.9.2010 along with litigation costs of Rs. 5,500/; OR (b) The OPs shall refund the deposited amount of Rs. 9,78,129/- along with Rs. 5,500/- as costs of litigation within thirty days from the date of receipt of copy of the order. (c) The OPs shall pay within thirty days from the receipt of copy of the order interest as damages @ 9% per annum on the amount of Rs. 9,78,129/- w.e.f. the date of deposit till the possession is delivered or the amount of Rs. 9,78,129/- is refunded to the complainant. ;