AIR FORCE NAVAL HOUSING BOARD Vs. RAJIV CHOPRA

JUDGEMENT

(1.) The present First Appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act") against the Order dtd. 29/10/2019 passed by the learned State Consumer Disputes Redressal Commission, Punjab, Chandigarh (hereinafter referred as "the State Commission"), in Consumer Complaint No.248 of 2018 wherein the State Commission partly allowed the complaint.

(2.) For Convenience, parties are being referred to as mentioned in the Complaint before the State Commission. Rajiv Chopra, Ex Air Force Sergent is referred to as the Complainant (Respondent No. 1 herein). While The Air Force Naval Housing Board (in Short the Society) is referred to as the OP-1 (Appellant herein) and M/s SVEC Constrictions Ltd. (in Short Builder) is referred to as the OP-2 (Respondent No. 2 herein).

(3.) Brief facts, as per the Complainant, are that the OP-1 Society decided to undertake a residential project on NH-1, opposite Hans Raj Mahila Maha Vidyalaya, near Workshop Chowk, Jalandhar and extensively advertised the same. Thus, the Complainant Booked a 2 BHK, Type-B unit admeasuring 800 Sq Ft on 18/11/2010 and paid the prescribed booking fees. Allotment Letter dtd. 7/2/2011 was issued to the Complainant. In terms of the Allotment Letter, the units were to be ready for the actual possession by 31/12/2014. On 29/9/2011, the Complainant received a mail from the Society titled "Launch of Jalandhar Project," outlining increase in the super area of the unit from 800 sq. ft. to 955 Sq Ft and revising the unit cost also from Rs.23.00 Lakhs to Rs.37.00 Lakhs, which included parking space, VAT and Service Tax. Although the brochure mentioned the construction of a swimming pool, as on the date of filing complaint, no such facility has been built. As per the said letter, the foundation stone laying was slated for 30/9/2011, with a project completion time as 31/12/2014. However, these assurances from the Society went unfulfilled.