MITTAL TOWNSHIP PVT. LTD. Vs. GURPREET SINGH GILL

JUDGEMENT

(1.) The present First Appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 ('the Act') against the Order dtd. 4/5/2018 passed by the learned State Consumer Disputes Redressal Commission, Punjab, Chandigarh ('the State Commission'), in CC No. 444 of 2017, wherein the learned State Commission allowed the Complaint filed by the Respondents herein.

(2.) For Convenience, the parties in the present matter are being referred to as mentioned in the Complaint before the learned State Commission. 'Gurpreet Singh Gill and Anr.' is identified as the Complainants/ Respondents. "M/s. Mittal Township Private Ltd. and Anr." is referred to as the Appellants/Opposite Parties/OPs.

(3.) Brief facts of the case, as per the Complainant, are that the Complainants booked Flat No. B-46 4th floor Paradise Apartments Shivalik City Sector 127 Chajjumajra Kharar, SAS Nagar Mohali, with 'super area' of 1900 Sq Ft as per layout sanctioned by the Municipal Council Kharar on 31/3/2007 with OPs. An agreement was entered into between the parties on 24/10/2011 against sale consideration of Rs.39,15,000,.00 with facilities including, uninterrupted power supply, water supply, parking of one vehicle etc. Registered sale deed was executed on 20/3/2015. The Complainants paid entire sale consideration to OP vacant possession of the said flat was delivered to them. Subsequently, the Complainants approached Municipal Council, Kharar to verify the details of the dimensions and site plan from the authorities. They were surprised to find that as per the approved site plan, the flat is of two bedroom set with a carpet area of 1146 Sq Ft plus 329 Sq Ft equivalent to 1475 Sq Ft 'super area' only. OPs sold the Flat to the Complainant with 'super area' of 1900 Sq Ft by converting a two-bedroom flat into three-bedroom flat illegally and unlawfully. OPs indulged in unfair trade practice in that manner and have not made provisions in the kitchen for installation of chimney. While the OPs were legally bound to provide wooden flooring in the master bedroom, they failed to provide the same and fixed ceramic tiles of sub-standard company. As per the approved site plan No. DC/TA204/06 and DC/TA204/07 dtd. 31/3/2007, the flat is projected as a two-bedroom set of 1146 Sq Ft equivalent to 1475 Sq Ft. Whereas, OPs charged Rs.39,15,000.00 by proclaiming the 'super area' of the flat as 1900 Sq Ft and delivered possession of flat No. B-46 with super area of only 1475 Sq Ft. Thus, the OPs are liable to refund Rs.15,00,000.00. They sent a legal notice dtd. 21/11/2016 to OPs. In the absence of response, they filed complaint before the State Commission seeking the following: