Ajit Kaur vs The Punjab State Federation Of ... on 19 December, 2018
So far as the point of enhanced
cost of the allotted flat is concerned, this is a pricing factor, which is
beyond the competence of Consumer Commission to decide. The
Consumer Commission cannot look into the pricing factor involved
between the allottee and allotter in such matter. It is for the Civil
Court to determine these types of matters pertaining to pricing factor
only. The counsel for complainant relied upon laws laid down in
"Atul Maheshwari & others Vs. Yamuna Expressway Industrial
Development Authority" 2016(2)CPJ-623, "Huda Vs. Parveen
Kumar Jain" 2017(2)CLT-231, "Punjab Urban Planning and
Development Authority Vs. Darshana Devi" 2017(3)CPJ-134,
Consumer Complaint No.1014 of 2017 14
"Kumaon Mandal Vikas Nigam Ltd. Vs. Pooran Lal" 2015(2)CPR-
601, "Sangeeta Jain and others Vs. Yamuna Expressway
Industrial Development Authority & others" 2016(1)CPR-599 by
the National Commission. In all the above referred authorities, the
Hon'ble National Commission held that where possession has not
been delivered within agreed period, it is deficiency in service
justifying the refund of the deposited amount.