BALBIR SINGH Vs. FUTURE CITY DEVELOPERS PVT. LTD.

JUDGEMENT

(1.) This Appeal under Sec. 19 of the Consumer Protection Act, 1986 (for short "the Act") challenges the order dtd. 28/2/2022 of the State Consumer Disputes Redressal Commission, Punjab (for short "the State Commission") in Complaint No.483 of 2019 on the grounds that the State Commission while allowing the complaint has awarded relief not prayed for and without prescribing a time limit for compliance or imposing a penalty for the delay in delivery of services against consideration.

(2.) The brief facts of the case are that the Appellants had booked Apartment D-2 in Tower/Block-D, 'Casa Homes' situated at Khara Landran Road, Sector 115, Mohali with super area of 1350 sq. ft. for a sale consideration of Rs.40,88,000.00 in a project executed by the Respondents vide allotment letter dtd. 7/4/2018. As per Clause 7 of the Agreement to Sell dtd. 8/4/2018, possession had been promised by 31/3/2018, extendable till 31/7/2018 along with basic amenities and Occupation Certificate. Appellants obtained a loan of Rs.38,99,000.00 from the Punjab National Bank and paid Rs.36,79,200.00as per schedule. Possession was not handed over even after expiry of the extended period, i.e. by September 2018. Respondents agreed to rectify certain defects in the apartment informed vide e-mails dtd. 15/9/2018 and 23/9/2018. The Respondents vide e-mail dtd. 24/9/2018 informed that 90% of the deficiencies had been rectified and the balance 10% would be resolved by 26/9/2018 and demanded payment of balance 10% of basic price payable at the time of possession. The Appellants insisted on the payment of the balance amount only after issuance of Occupation Certificate which the respondents failed to provide. An offer of possession was sent by the Respondents on 3/3/2019 but without rectifying all the defects and without providing the Occupation Certificate. Appellants had the flat inspected through a Surveyor who estimated the cost of rectification as Rs.5.00 Lakhs.

(3.) Appellants thereafter approached the State Commission in CC No.483 of 2019 seeking possession along with Occupation/Completion Certificate from the authorities along with Rs.5.00 Lakhs for rectification of the defects with interest @ 12% p.a. on the amount deposited from the promised date of possession till the date of actual possession, apart from payment of rent @ Rs.15,000.00 per month, Rs.5.00 Lakhs for mental agony and harassment and Rs.55,000.00 as litigation charges. This complaint came to be decided on contest by way of the impugned order. The State Commission passed the following order:--