IMPORTANT POINT
Writ at large - Deficiency in service in delay in delivery of the flats booked by complainants against consideration is thus writ large.

ORDER

This complaint under section 21 of the Consumer Protection Act, 1986 (in short, the ‘Act’) has been filed against the opposite party alleging deficiency in service in delay in handing over possession of the flats booked by the complainants in the project ‘Gulmohar Gardens’ at NH-58, Raj Nagar Extension, Noor Nagar, Ghaziabad promoted and executed by the opposite party. The complainants filed a joint complaint under section 12(1)(c) of the Act since they were all allottees of flats in the same project and had identical grievances and prayers for relief.

2. The facts, as per the complainants, are that pursuant to the launching of the scheme by the opposite party, they booked flats and made advance payment as per the payment plan. The brochure for the flats promised flats of good quality construction to be available for possession in June 2010, with a grace period of 2-3 months. Identical allotment letters were issued to all complainants who made payments as per a construction linked plan. However the pace of progress was extremely slow and despite follow up by complainants and assurances by the opposite party, progress continued to be slow. The opposite party unilaterally revised the date of possession to June, 2011 on its website. Possession was, however, offered on 03.07.2012 with conditions regarding no liability of builder/ opposite party towards quality, penalties and other charges in case of default in taking possession within a time frame of 90 days apart from deductions in case of cancellation. According to the complainants, as the quality of construction left much to be desired and the flats were not habitable, the offer of possession was premature. It was also without completion of amenities such as lifts, entrance gates, car parking, internal areas, etc., promised. Enquiries with Ghaziabad Development Authority (GDA) by complainants revealed that the project had not been issued the Completion Certificate or other relevant certificates by the Fire Services, Pollution Control Board, Electricity Department, etc., as per evidence filed. Complainants wrote to the opposite party highlighting the state of the project and also complained to the GDA. The opposite party took no steps to enable the complainants to take possession and instead threatened to cancel the allotment, which the complainants state was an unfair trade practice under the Act. The opposite party also failed to compensate the complainants @ Rs 3/- to Rs 5/- per sq ft per month for each month of delay as per the terms and conditions of the allotment for the continuing period of delay. Complainants claim damages/compensation aggregating to Rs.4,20,82,691/- as detailed in Annexure A of the complaint. The complainants are before this Commission with the prayer to:—

(a) direct the opposite party to handover possession of the flats to the complainants after carrying out various outstanding and incomplete works and rectifications and making good defects deficiencies and shortcomings within a specified time;

(b) direct the opposite party to pay to the complainants damages/compensation in respect of delay as per the terms of the agreement for each month of delay for the period of delay from the stipulated date of position till actual position is handed over after completion of various jobs shortcomings and shortfalls referred to hearings also damages/ compensation inter alia and timely unavailability of accommodation and/or for defect deficiencies, shortcomings and actual shortfall in the stipulated area as also for inconvenience harassment mental pain and anguish as per statement “A” annexed hereto;

(c) award to the complainants costs of and relating to the present complaint; and

(d) grant to the complainant search other and/or further relief(s) as this Hon’ble Commission may deem fit in the facts and circumstances of the present case and render jus