MAHESH GUGNANI Vs. SUSHMA BUILDTECH LIMITED

JUDGEMENT

(1.) The present First Appeal has been filed under Sec. 51 of the Consumer Protection Act, 2019 ('the Act') against the Orders dtd. 23/11/2020 and 19/1/2021 passed by the Punjab State Consumer Disputes Redressal Commission Chandigarh (the 'State Commission) in CC No.39 of 2020 filed by the Appellant/ Complainant wherein the State Commission allowed the complaint.

(2.) As per report of the Registry, there is 125 days delay in filing the present Appeal and the present Appeal has been treated to have been filed within limitation vide Order dtd. 8/2/2023.

(3.) Brief facts of the Case, as per the Complainant, are that the Opposite Party (OP) launched a project called "Sushma Chandigarh Grande" at Dishangarh and Bishanpura, MC, Zirakpur, Distt. SAS Nagar, Mohali and invited applications for residential flat allotments. The Complainants booked Flat No. 203, 2nd floor, D-Tower in the project with super area of 1885 Sq Ft at Basic Sale Price of Rs.67,50,000.00 plus additional charges and taxes vide Application dtd. 27/12/2016. A Flat Buyer's Agreement dtd. 11/1/2017 was executed between the Complainants and the OP specifying the Basic Sale Price along with other charges such as IFMS (Rs.56,550.00) and applicable taxes and stamp duty to be borne by the Complainants. As per Clause 14(d) of the Buyer's Agreement, possession was to be offered within 30 months (24 months plus 6 months grace period). The OP assisted in securing a home loan for the Complainants and executed a tripartite agreement with HDFC Ltd and the Complainants on 8/2/2017 upon request. A demand letter for Rs.4,25,220.00 was issued on 5/4/2018, which they duly paid. By 23/4/2018, they paid Rs.64,27,245.00 against the Basic Sale Price of Rs.67,50,000.00 plus other charges and taxes. Despite receiving 97% of the sale price, the OP failed to deliver possession of the flat within the stipulated period. Aggrieved by this delay, the Complainant filed a Consumer Complaint before the State Commission seeking redressal.