UNIVERSAL INFRASTRUCTURES Vs. RAVINDRA KAUR BEDI

JUDGEMENT

(1.) The present appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 (for short "the Act") by M/s Universal Infrastructure (hereinafter referred to as the "builder") assailing the Order dtd. 3/6/2019 passed by the State Consumer Disputes Redressal Commission, Chandigarh, Punjab (hereinafter referred to as the "State Commission") in Complaint No. 39 of 2019 whereby the complaint filed by the complainants was partly allowed.

(2.) There is a delay of 110 days in filing the present appeal.

(3.) The facts, in brief, are that the complainant, who was an NRI, was allotted a Flat No. 1001, Block Lyra, category 4-BHK, location 1th, Floor 10 in "The Taj Towers" located at Sector 104, Pearl City, Mohali and for which the complainant paid the total amount of Rs.78,45,360.00 to the builder. As per the agreement dtd. 17/8/2016 executed between the builder and the complainant, cost of the flat was Rs.65,60,000.00. It is alleged that the builder put the date on possession letter as 11/3/2016 whereas the dates of allotment and the agreement are 10/8/2016 and 17/8/2016. It is alleged that the offer of possession was totally illegal as the builder had not obtained the completion certificate and the construction was going on at the site. It is further alleged that the builder issued an account statement dtd. 7/5/2016 and acknowledged the receipt of an amount of Rs.68,45,360.00 whereas the complainant had paid an amount of Rs.78,45,360.00 as per the receipts placed on record. Hence, an amount of Rs.10,00.000 has been received in excess from the complainant as per the difference between the account statement and the receipts placed on record. The complainant brought the fact of excess payment to the notice of the builder but the builder refused to refund any kind of amount and threatened the complainant to cancel the allotment. On careful perusal of the receipts by the complainant it was found that an amount of Rs.10,00,000.00 has been received against interest whereas the complainant was not a defaulter and no payment of interest was to be paid by her as she has not executed any agreement mentioning the terms and conditions of payment of interest to the builder. It is further alleged that an amount of Rs.2,85,360.00 was paid towards service tax without providing any statement of account to show the deposit of the same with the Government Department on her behalf. It is furthermore alleged that the builder is receiving the amount towards maintenance under the garb of maintenance charges without executing any maintenance agreement and without obtaining the completion certificate and without providing the facilities as promised and the builder was requested to execute the sale/conveyance deed but the builder failed to execute the same and without execution of the agreement the builder charged delayed interest ignoring the fact that there is no default of any kind on the part of the complainant. It is further averred that the builder did not comply with the notification dtd. 2/9/2014 of the GMADA whereby it is mandatory to obtain completion certificate and, hence, the builder acted in contravention to the provisions of the Punjab Apartment and Property Regulation Act, 1995 (in short, "PAPRA"). The complainants also claimed that despite payment of the entire sale consideration, the promised facilities and services outlined in the terms and conditions of the allotment letter and the builder buyer's agreement were not provided. In this regard, the relevant portion of the brochure as mentioned in para 12 of the complaint, is reproduced below for reference:--