ORDER

Sudip Ahluwalia, Member—This Complaint has been filed under Section 21(a)(i) of the Consumer Protection Act 2019, alleging deficiency in service and unfair trade practice on the part of the Opposite Party and seeking fresh allotment/possession letter along with other ancillary reliefs.

2. The factual background, in brief, is that upon the Complainants’ son having reached a marriageable age, they sought a larger residence and approached the Opposite Party for purchase of a Unit in the ‘Paramount Golfforeste’ Project at Plot No. BGH-A, Surajpur, Site-C (Extn.), Housing Sector, Greater Noida, U.P. The Complainant No. 2, who was running an automobile workshop in Noida, decided to purchase a Unit in the said Project based on the Opposite Party’s representations and assurances. Consequently, the Complainants booked and secured allotment of Unit No. C-229-A in the Project for Rs. 96,29,375/-. A loan of Rs. 56,26,636/- was obtained and disbursed to the Opposite Party on 31.07.2016 by Union Bank of India, later transferred to HDFC Bank.

3. The Opposite Party issued an Allotment Letter dated 09.07.2016, stating that the possession would be handed over within six months, with pre-EMI to be paid by the Opposite Party under the subvention scheme. After initial payment, the Opposite Party ceased pre-EMI payments. As per Clause 33 of the Allotment Letter, the Opposite Party is obligated to compensate the Complainants for possession delays.

4. On 19.06.2017, an offer of possession for Unit No. C-229A was issued, but on inspection in March and June 2018, the Complainants found a substandard construction. Following complaints, the Opposite Party offered to transfer the booking to Unit No. C-433, with assurances of early possession. However, no steps were taken to effect the transfer or complete civil work and fitments. The Opposite Party demanded payments for Unit No. C-229A, but the Complainants requested completion of construction before paying dues. The Opposite Party failed to pay interest under the subvention scheme, as per the Allotment Letter term. Despite clear records of payments, the Opposite Party charged an additional amount of Rs. 1,50,980/-, issuing an acknowledgment on 09.08.2018.

5. The Complainants agreed to a proposal for acquiring Unit No. C-433, instead of C-229-A, but the Opposite Party failed and neglected to issue a new Allotment Letter, and made no progress on the civil work. The Complainants, forced to rent another Unit, faced pressure for payment without possession of Unit No. C-433. The Opposite Party, instead of addressing the Complainants’ concerns, demanded surrender of Unit No. C-229-A documents for a new Allotment Letter for Unit No. C-433. Despite responses from the Complainants, the Opposite Party failed to provide an Allotment Letter or outstanding dues details. Following a Legal Notice on 02.08.2019 (erroneously dated as 02.08.2018), the Opposite Party harassed the Complainants without completing the necessary work in Unit No. C-433. Forced to rent another Unit, the Complainants faced undue pressure and false assurances. They nevertheless requested possession of Unit No. C-433, which remained uninhabitable. The Opposite Party’s actions thus amount to unfair and restrictive trade practices, deficiency in services, and deliberate delays causing wrongful losses and injuries to the Complainants.

6. Hence, they have approached this Commission and sought the following reliefs -

“(a) Direct the Opposite Party to issue fresh allotment and possession letters in respect of Unit No. C-433 in the project namely Paramount Golfforeste, Plot No. BGH-A, Surajpur, Site C (Extn.), Housing Sector, Greater Noida, U.P.; and

(b) Direct the Opposite Party to carryout civil work and fitments in Unit No. C-433 and give physical possession of the same to the Complainants at the earliest possible; and

(c) Direct the Opposite Party to return/adjust an amount of Rs.25,78,762/- (Twenty Five Lakhs Seventy Eight Thousand and Sev