ORDER

The present First Appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) against the Order dated 29.10.2019 passed by the learned State Consumer Disputes Redressal Commission, Punjab, Chandigarh (hereinafter referred as “the State Commission”), in Consumer Complaint No.248 of 2018 wherein the State Commission partly allowed the complaint.

2. For Convenience, parties are being referred to as mentioned in the Complaint before the State Commission. Rajiv Chopra, Ex Air Force Sergent is referred to as the Complainant (Respondent No. 1 herein). While The Air Force Naval Housing Board (in Short the Society) is referred to as the OP-1 (Appellant herein) and M/s SVEC Constrictions Ltd. (in Short Builder) is referred to as the OP-2 (Respondent No. 2 herein).

3. Brief facts, as per the Complainant, are that the OP-1 Society decided to undertake a residential project on NH-1, opposite Hans Raj Mahila Maha Vidyalaya, near Workshop Chowk, Jalandhar and extensively advertised the same. Thus, the Complainant Booked a 2 BHK, Type-B unit admeasuring 800 Sq Ft on 18.11.2010 and paid the prescribed booking fees. Allotment Letter dated 07.02.2011 was issued to the Complainant. In terms of the Allotment Letter, the units were to be ready for the actual possession by 31.12.2014. On 29.09.2011, the Complainant received a mail from the Society titled “Launch of Jalandhar Project,” outlining increase in the super area of the unit from 800 sq. ft. to 955 Sq Ft and revising the unit cost also from Rs.23 Lakhs to Rs.37 Lakhs, which included parking space, VAT and Service Tax. Although the brochure mentioned the construction of a swimming pool, as on the date of filing complaint, no such facility has been built. As per the said letter, the foundation stone laying was slated for 30.09.2011, with a project completion time as 31.12.2014. However, these assurances from the Society went unfulfilled.

4. The Complainant, a former Air Force Sergeant, took measures to fulfil all legal obligations promptly and secured a loan of Rs.30 lakh from SBI, entering into a Tripartite Agreement. Currently, he and his family are residing in rented house. However, due to the delayed possession, he incurred financial losses by paying additional interest to the Bank on the loan amount and rent liability. After waiting eight months past the stipulated possession delivery date, he issued a cancellation notice vide email on 04.08.2015 to the Society, seeking full refund of the deposited amount for loan repayment. Vide OPs response dated 07.08.2015 they indicated a general policy against withdrawals in the absence of a waitlist, and no refund was issued.

5. On 11.12.2016, the Society conducted a lottery draw without informing the Complainant. Subsequently, upon inquiry vide email dated 12.03.2017, the Society informed him that his membership had been revoked as per letter dated 04.08.2015, and no refund had been processed due to the lack of anyone in the waiting list. However, the Complainant had not been formally notified of his membership cancellation. Vide email dated 11.08.2017, he expressed grievances regarding service deficiencies by the Society due to which he received two notices from the Bank against to non-submission of Conveyance Deed, leading to reputation damage. He urged the Society to deliver possession of the unit. However, it was of no avail. Despite receiving 100% of the sale consideration, the Society failed to provide possession of the unit to the Complainant. Ultimately, he forwarded a Legal Notice dated 15.12.2017, followed by a reminder dated 23.03.2018, seeking refund of the deposited amount, but received no response. The actions and conduct of the OPs amount to service deficiencies. Feeling aggrieved and alleging deficiency in service by the OPs, the Complainant filed a Consumer Complaint No. 248 of 2018 and prayed for the following:—

(a) To refund the entire amount of Rs.37,00,000/-, along w