Hon'ble Judges/Coram:
D.K. Jain, J. (President) and Vinay Kumar and M. Shreesha

ORDER

D.K. Jain, J. (President)

1. This First Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), has been preferred by a Colonizer, questioning the correctness and legality of order dated 3.3.2014, passed by the State Consumer Disputes Redressal Commission, UT, Chandigarh (for short "the State Commission") in Complaint Case No. 92/2013. By the impugned order, the State Commission, while partly allowing the complain, preferred by the Respondent/Complainant, has directed the Appellants to pay to him: (i) as refund, an amount of Rs. 34,66,535, deposited by the Complainant with them, along with interest @ 12% p.a., from the respective dates of deposits; (ii) interest @ 12% p.a., on the amount of Rs. 5,39,086, already refunded to the Complainant, from the respective dates of deposit, till the respective dates of refund; (iii) a compensation of Rs. 1,50,000, for causing mental agony and physical harassment to him as also towards escalation in prices in the real estate; (iv) Rs. 20,000 as cost of litigation. It has been further directed that in case the payment of amounts, mentioned at (i), (ii) and (iii) above is not made within a period of 45 days from the date of receipt of a certified copy of its order, then the Appellants shall be liable to pay the amount mentioned at (i) above with interest @ 15% p.a., instead of 12% p.a., from the respective dates of deposits, till realization; interest @ 15% p.a. on the amount mentioned at (ii) above, from the respective dates of deposit to the respective dates of refund; and interest @ 12% p.a. on the amount of compensation mentioned at (iii) above, from the date of filing the complaint, till realization, besides payment of litigation costs, to the tune of Rs. 20,000. Succinctly put, the facts leading to the filing of the Appeal are that sometime in the year 2007, the Complainant, a Non-Resident Indian (NRI), had applied for registration of a residential plot in the project, named and styled as "Mohali Hills", to be developed by the Appellants in Sectors 105, 108 and 109, Augusta Park, Mohali Hills, SAS Nagar, Punjab, On allotment of Plot No. 279, admeasuring 300 sq. yards @ Rs. 11,500 per sq. yard (for a total consideration of Rs. 40,50,354) in Sector-109, by 9.5.2007, the Complainant deposited the amounts demanded as per the schedule mentioned in the aforesaid application, in addition to a sum of Rs. 10,35,000 deposited at the time of booking. In respect of the said allotment, a Plot Buyer's Agreement was executed between the parties on 4.7.2007. As per Clause (8) of the said Agreement, subject to force majeure conditions and reasons beyond the control of the Appellant, the possession of the plot was to be delivered to the Complainant within a period of two years from execution of the said Agreement, but not later than three years. Although the Scheme postulated development of Sectors 105, 108 and 109 together, Sector 109, in which the plot was allotted to the Complainant, was not developed at all, as according to the Complainant, no land was available far carving out the plots. Having waited for almost five years, at the request of the Complainant, vide e-mail dated 29.3.2012, the Appellants relocated him in Sector 108 by allotting plot No. 33, Block-MLU in the said Sector, which was claimed to be a developed Sector. An amended Agreement, in continuation of the Plot Buyer's Agreement dated 4.7.2007, was entered into between the parties on 6.7.2012, amending certain clauses of the earlier Agreement. Although Clause (5) of the Amended Agreement refers to replacement of earlier Annexure-I, setting out the payment plan, but it appears that as the entire sale consideration had already been paid by the Complainant, much prior to execution of the Amended Agreement, no fresh payment plan had been annexed therewith. On the contrary, as the alternate plot allotted in Sector 108 was not preferential, and the Complainant had deposited a total sum of Rs. 40,05,621 with the Appellants for a preferential plot in Sector 109, a sum of 35,39,086, comprising Rs. 1,28,000 on account of differenc........