The main legal point established is that a class action complaint under Section 12(1)(c) of the Consumer Protection Act must be filed on behalf of or for the benefit of all persons having a common grievance and seeking a common relief against the same service provider.

JUDGMENT/ORDER :

1. The present Complaint has been filed by 19 Complainants. However, Complainant No.8 Gurpreet Singh Bhandari was deleted from the array of the Parties vide order dated 11.08.2015, leaving 18 Complainants.

2. The Complaint has been filed by the Complainant with various allegations of deficiency of service allegedly committed by the Opposite Party seeking various reliefs. The prayer clause of the Complaint reads as under:-

"1. For delayed possession, this Hon'ble Commission may direct the Respondent No.1 to provide a tower-wise schedule for completion and handing over the possession of all the flats in the " Aravali Heights" Multi-storeyed Group Housing Complex Complex) Located at Sector-24, Dharuhera on the basis of current progress & development activities.

Direct the Respondent No.1 to provide tower-wise construction status achieved so far for each tower in the complex with corresponding dates of achieving completion and an honest and logical tower-wise details/list of unfinished construction tasks and corresponding schedule of completion thereof.

Payment of penalty @ 36 percent per annum, compounded annually (at the prevailing market rate) be imposed on the total amount paid to the builder so far by the apartment buyers and be directed to be paid immediately or at the time of possession to be calculated on the basis explained in the Complaint.

2. Declare that the demand raised by the Respondent No.1 for the enhanced/extra EDC by including interest thereon as null and void

Direct the Respondent No.1 to provide details of the initial EDC and EDC Charge and Calculations thereof in terms of the latest directive/memo issued by the official Respondents including the status of its payment by the Builder to the DGTCP Haryana including their payments by the Respondent No.1 to the DGTCP Haryana.

Direct the builder to raise fresh/rectified demand bills/letter towards EDC Charges after addressing the stated issues-supra.

Direct the adjustment of the extra amounts paid by some of the Buyers against the EDC with interest @ 24% thereon against the fresh computations/bills raised as above.

Direct the Respondent No.1 to maintain transparency in the matter of payment of EDC Charges to the Authorities by displaying the status on their Website so as to restore Buyer Confidence.

3. Direct the Respondent No.1 to refund the open stilt car parking charges in the sum of Rs.75,000/- to Rs.1,50,000/- to the buyers and the community building membership charges these being not saleable and part of common areas and not belonging to the Respondent No.1.

4. Direct the Respondent No.1 to refrain from raising illegal demands of new PLC and immediately withdraw their demand letters to customers of some of the units demanding new PLC under filmsy grounds.

Direct the Respondent No.1 to refund with 36% interest the PLC money claimed from all those consumer/Complainants whose flats have ceased to remain Green Facing/falling under PLC of Green facing.

5. Direct the Respondent No.1 to refrain from raising illegal demands of the additional electricity charges, and to immediately withdraw their demand letters to customers of some of the units demanding the additional electricity charges under filmsy grounds.

6. Direct the Respondent No.1 to refrain from raising illegal demands of the electricity charges, as the said demand and the affixation of the electricity charges is unilateral, and any such charges towards the electricity are payable when the possession is given, and for an amount, which is determined in consultation with the buyers.

7. Direct the Respondent No.1 to refrain from raising illegal demands of the Maintenance Charges, as the said charges are payable when the possession is given to the buyers after completing the flat in all respect.

8. Direct the Respondent No.1 to pay penalty for the mental harassment caused to the Complainants @ 10,00,000/-(Rupees Ten Lakhs) per Complainant.

9. Direct the Respondent No.1 to pay costs towards Legal expenditure @ Rs.