Briefly stated, the facts of the case, are that the complainant for his residential purpose booked with the Opposite Party a Villa bearing No. 98-A, (Corner) Augusta Park, Sector 109, Mohali Hills, Moahli Punjab (1st Allotment) against booking amount of Rs.11,00,000/- qua which an endorsement dated 12.12.2007 was made on the Xerox copy of the cheque (annexure C-1),  and also on the inducement of the Opposite Party booked a flat of 1550 Sq. ft. in the same very scheme against the booking amount of Rs.7,00,000/-. It was stated that the Opposite Party informed him vide its separate email that the basic price of the villa was pegged at Rs.99,00,000/-and the booking was strictly on a first come first serve basis.  But within a short period thereafter, the Opposite Party informed him, that said villa No. 98-A, was unavailable and it unilaterally changed the allotment to Villa No. 50, (Corner), Sector 106, Mohali Hills, Mohali Punjab (2nd Allotment). It was further stated that despite promising a Flat of 1550 Square Feet, the Opposite Party booked a flat of 1350 Square Feet, which was protested by the complainant through telephone calls and he was assured that the same would be corrected in the near future. But he was shocked to receive from the Opposite Party a confirmation of Provisional Allotment dated 15.01.2008 of the Flat bearing distinct Nos. H1-GF-GF02 in the “The Views” at Mohali Hills, Sector 105, SAS Nagar Mohali for a total sum of
Rs. 44,32,619/-  and also issued him a reminder for payment vide letter dated 04.02.2008. Thereafter he received an Advance Registration Application Form for Expression dated 11.02.2008 showing the allotment of Villa Nos. 50, Sector 106. Mohali Hills to him and price thereof was Rs. 1.15 Crores, instead of the earlier Price of Rs. 99.00 Lakhs.  It was further stated that the Opposite Party issued Receipt of Rs.11,00,000/- paid by the complainant on 12.12.2007 after a period of over 2 ½ Months. It was further stated that the complainant protested the change of villa number by the Opposite Party unilaterally. The Opposite Party instead of allotting him earlier Villa No. 98-A,  issued an Agreement dated 12.06.2008 to him showing the allotment of Villa Nos. 03, Sector 108. Mohali Hills, SAS Nagar, Mohali, Punjab (3^rd Allotment) for a total sum of Rs. 1.06 Crores and intimated him vide letter dated 11.08.2008, that the said change was made on his written confirmation, which he never gave.  The complainant left with no option, vide letter dated 18.08.2008, asked the Opposite Party that the earlier Flat No. H1-GF-GF02 in the “The Views” at Mohali Hills, Sector 105, SAS Nagar Mohali, may be sold off and the booking amount thereof  to the tune of Rs.7,00,000/- may be adjusted, in the cost of allotted Villa No. 03,. But despite this they kept on issuing reminders for Balance Payment due for the Flat as also the Villa in question to the complainant. Since the Opposite Party did not act upon his request hence he did not make any payment. Ultimately, the Opposite Party vide letter dated 10.03.2010 terminated the Buyers Agreement qua Villa No. 03. and forfeited the Earnest Money of Rs.11,00,000/- and further raised a Demand for the payment of a sum of Rs.32,31,541/- from the complainant. The complainant vide letter dated 13.08.2010 asked the Opposite Party, to allot him villa No. 98-A (corner) or refund the complete payment of Rs. 18,00,000/- but in vain. It was further stated that in May, 2011, the Opposite Party  offered refund of booking amount of Villa, but later on it withdrew the said offer and forfeited the entire amount. Hence the present complaint.

2.                              In its written reply, the Opposite Party, stated that no application for the allotment of Villa bearing distinct No. 98-A, (Corner) Augusta Park, Sector 109, Mohali Hills, Mohali Punjab was specifically made by the complainant and no endorsement of any sort, whatsoever, was made by the Opposite Party on Annexure C-1 as alleged by the complainant.  It was further stated that the perusal of the application form for villas built up dwelling unit dated 11.02.2008 (Annexure R-1) and cheque  (Annexure R-2) attached with it, shows that the complainant applied for Villa No.50, Sector 106, Mohali Hillls, Mohali, Punjab @ Rs.1.15 crores +6% preferential location charges+ external development charges etc. and the same was voluntarily signed by the complainant  and stamped by Axiom Realtors Pvt. Ltd, a property dealer which, in fact, deposited the said form with Opposite Party on 26.02.08 and the receipt (R-3) thereof was issued on 28.02.08. It was further stated that similarly, the perusal of the application form   for flat built up dwelling unit Annexure R-4 and cheque Annexure R-5 attached with it shows that the complainant applied for a flat measuring 1350 square feet and the same was voluntarily signed by the complainant  and stamped by Jimmy Estates Mohali a property dealer which, in fact, deposited the said form with Opposite Party on 18.12.07 and the receipt thereof was issued vide annexure R-6.   It was further stated that the Opposite Party issued provisional allotment Annexure, R-8 to the complainant in respect of  Unit NO.H1-GF-0F02 measuring 1350sq. ft. approximately for a total consideration of Rs.44,32,619/- under payment plan, as opted by the complainant. All other allegations, levelled by the complainant, in the complaint, were denied. It was further stated that there was no deficiency, in service, on the part of the Opposite Party,  nor it indulged into unfair trade practice.

3.                  The parties led evidence, in support of their case.

4.                  We have heard Counsel for the parties, and, have perused the record, carefully.

5.                  The counsel for the complainant, submitted that the complainant, purchased a Villa bearing Distinct No. 98-A, (Corner) Augusta Park, Sector 109, Mohali Hills, Mohali Punjab [1st Allotment] for his own residential purposes and paid Rs.11.00 lacs  as booking amount by way of cheque on 11.12.2007 qua which an endorsement dated 12.12.2007 was made on the Xerox copy of the cheque (annexure C-1). On the contrary the Opposite Party placed on record, copy of the same cheque, which is without any endorsement. There is, thus, variation in the copies of the cheque, placed, on record, by both the parties. A perusal of advance registration application dated 11.2.2008 Anenxure C-8 duly signed by the complainant shows that he applied for Villa No.50, Sector 106, Mohali Hillls, Mohali, Punjab @ Rs.1.15 crores +6% preferential location charges+ external development charges etc. Thus, if the complainant had any objection, with regard to the change of villa number, then he should not have signed the application aforesaid dated 11.2.2008 (Annexure C-8). Thus we do not find any force, in the submission of the Counsel for the complainant, and thus, the same is rejected.

6.                  The learned Counsel for the complainant, further submitted that the Opposite Party allotted Villa No. 50, Sector 106, Mohali Hills, Mohali Punjab [2nd Allotment] for Rs.1.15 crores (instead of Rs.99 lacs as promised earlier), which was further changed without taking his consent, and allotted him Villa Nos. 03, Sector 108, Mohali Hills, SAS Nagar, Mohali, Punjab (3rd allotment). However, this fact has been denied by the learned Counsel for the Opposite Party, who submitted that the complainant himself was interested in the villa/unit in Sector 108 and acceding to his request, the Opposite Party, prepared buyer agreement, in favour of the complainant, bearing reference of Villa Nos. 03, Sector 108, Mohali Hills, SAS Nagar, Mohali, Punjab (R-13). Although the Opposite Party failed to produce any document regarding the consent given by the complainant, yet at the same time this fact cannot be ignored that the complainant requested the Opposite Party vide letter dated 18.8.2008 (Annexure C-19) to sell off flat H1-GF-GF02 in the “The Views” at Mohali Hills, Sector 105, SAS Nagar Mohali,  and adjust Rs. 7.00 lacs booking amount thereof in the cost of villa No.3. But the Opposite Party  neither accepted his request nor rejected the same, and kept the complainant, in dark, and, ultimately, cancelled the allotments due to default of payment. Though, the Opposite Party was at liberty to cancel the allotment as the complainant, failed to deposit any other amount, except the booking amount yet it was not at liberty to forfeit the amount of the complainant, as it failed to consider the request, regarding the adjustment of booking amount of the flat towards the cost of villa in question. Even otherwise, Annexure C-33, reveals that at one time the Opposite Party,  was willing to refund the amount, deposited for the villa. Hence keeping these facts into consideration and, in the interest of justice, it will be appropriate, if the booking amount deposited by the complainant, in respect  of the flat and villa are refunded to him with interest.  However, the complainant is not entitled to compensation, on account of the alleged mental agony and physical harassment, because he himself was also at fault to a great extent, by not depositing the remaining amount of price.

7.                  The Counsel for the Opposite Party, further submitted that the complaint was bad for misjoinder of causes of action, inasmuch as the complainant had sought relief of refund of booking amounts of villa and flat, two independent transactions, in one complaint. It may be stated here, that the provisions of the Code of Civil Procedure, except those, specifically mentioned in Section 13(4) of the Consumer Protection Act, 1986, are not applicable to the disputes under the Act.  The Consumer Foras, are not required to resort to hypertechnicalities, in deciding the disputes under the Act. Since the complainant booked the villa and the flat, with the Opposite Party, at about the same time, at  Mohali, he sought refund of the booking amounts, in relation to the same, in one complaint. No prejudice occasioned to the Opposite Party, on account of clubbing the relief of refund of the booking amounts of the Villa and the flat, in one complaint. The submission of the Counsel for the complainant, being devoid of merit, is thus, rejected.

8.                              In view of the above discussion, we partly allow the complaint, with no order as to costs. The Opposite Party is directed to refund a sum of Rs.18,00,000/- (7.00 lacs +11.00 lacs), which was deposited by the complainant, towards the booking amounts of the flat and villa, in question, respectively, to him, alongwith interest @9% w.e.f. 13.8.2010 when the complainant sought refund thereof.

9.                              The aforesaid order shall be complied with, by the   Opposite Party, within 45 days, from the date of  receipt of a certified copy of the order, failing which, the Opposite Party,  shall pay interest @ 12% P.A., on the amount awarded above, from the date of filing of complaint, till realization. 

10.                          Copies of this order be sent to the parties, free of charge.