ANSAL HOUSING & CONSTRUCTION LTD Vs. HEMRAJ

JUDGEMENT

(1.) This Appeal is filed against the order dated 02.02.2018 of Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short "the State Commission) in in CC/663/2017, whereby the State Commission allowed the Complaint filed by the Respondents/Complainants.

(2.) Alongwith the Appeal, IA/3787/2019 an application for condonation of delay of 55 days has also been filed by the Appellant. However, as per report of the Registry, there is a delay of 26 days. In the interest of justice, IA is allowed and delay condoned.

(3.) The case of the Complainants/Respondents is that they applied for allotment of a flat for a consideration of Rs.34,03,242/-. They paid an amount of Rs.50,000/- as booking charges. They also deposited 15% amount with the application form. They were allotted a flat, vide allotment letter dated 08.06.2010. The Complainants paid 80% amount within 45 days from the date of allotment and the balance 5% amount was to be paid at the time of possession. According to the Complainants, Opposite Party had neither completed the development work in all respect nor complied with building Regulations. Occupancy Certificate had not been obtained by the Opposite Party, but the possession had been handed over on the misrepresentation that all approvals and clearances have been taken by them. Stilt Parking was also not allotted to the Complainants. Possession was also handed over to them with a delay of 48 months. Alleging deficiency in service on the part of the Opposite Party, Complainants filed Consumer Complaint before the State Commission with following prayer: -