IMPORTANT POINT
Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.

ORDER

The present First Appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (“the Act”) against the Order dated 13.07.2018 passed by the learned Punjab State Consumer Disputes Redressal Commission Chandigarh (“the State Commission”), in Consumer Complaint No.11 of 2018 wherein the State Commission allowed the complaint filed by the Complainant (Respondent herein).

2. Brief facts of the case, as per the Complainant, are that the Complainant/ Respondent booked a residential plot in the upcoming Township project of OP called “Omaxe Chandigarh Extn”. (In short “Residential Project”) situated at Mullanpur, Chandigarh Extension, SAS Nagar, Mohali, Punjab. The Complainant initially paid Rs.14,00,000/- as booking amount by cheques against receipt dated 03.10.2011. The plot was purchased under Time Link Plan. As per the Agreement, the Basic Sale Price of 301.38 Sq Yds plot was Rs.31,33,185.66 along with Rs.1,00,000/- as club charges, Rs.30,000/- as Interest Free Maintenance Security (IFMS), Rs.4,95,770/- as PLC and Rs.1,490/- per Sq Yd (Rs.4,04,150.58) as External Development Charges (EDC) and thus the Total Price of the Plot was Rs.41,63,106.24.

3. The Complainant paid further sum of Rs.9,00,000/- vide cheque dated 25.10.2011 qua which receipt dated 01.11.2011 was issued by the OP. Subsequently, he again made the payment of Rs.11,25,000/- vide cheque dated 05.11.2011 qua which receipt dated 05.11.2011 was issued by the OP. Thereafter, OP made the provisional allotment vide letter dated 17.03.2012. Subsequently, he made further payment of Rs.5,16,500/- by cheque dated 17.09.2012. The Complainant paid the total amount to the OP of Rs.39,41,500/-. Thereafter, the allotment letter-cum-agreement was issued by the OP on 27.12.2012.

4. As per clause 24(a) of the Allotment Letter-Cum- Agreement, the possession of the plot was to be handed over within 18 months, or within an extendable period of 6 months. The relevant portion of the clause 24(a) of the Agreement is as under:

“The Company shall put its best efforts to complete the development of the plot/project within 18 (Eighteen) months or within an extended period of Six months from the date of signing of this Allotment Letter by the Allottee(s), subject to force-majeure conditions……”

5. Vide letter 18.06.2017, the OP offered possession of the plot along with a demand for residual sale price, External Development Charges, Club Costs, Infrastructure Maintenance & Security and Power Backup, which was to be paid within a period of 10 days.

6. Upon visiting the plot, it was revealed that the same was not ready for possession. Moreover, there was absence of water, electricity, sewerage facilities and road connection. Consequently, he alleged that the OP’s actions amounted to deficiency in service and

unfair trade practices. Being Aggrieved the Complainant filed a Consumer Complaint

no. 11 of 2018, before the State Commission, U.T. Chandigarh Punjab, with prayer as under:—

a) Directions to the OPs to deliver the possession of the plot to the complainant after completing all the development and infrastructure works at the site where, plot is situated and after providing all the facilities/conveniences as promised by the OP, within one month or within such suitable time as this Hon’ble forum directs.

b) Grant of interest on the total deposited amount i.e. Rs.39,41,500/- with 12% interest p.a. from the date of respective deposits till the time the plot is ready

for possession in all respects by providing all the facilities/conveniences as promised.

c) Refund of, and directions not to claim, additional claims under different heads like Power Backup Equipment Cost i.e. Rs. 80,000/-, Infrastructure Cost/Cess (IC) i.e. Rs.62,086.34/-, Electrical Equipment Cost (EEC) i.e. Rs.30,018,44/-, Dual Source Energy Meter and Prepaid Metering System (DEM) i.e. Rs. 26,550/-, Utility Cost (UC) i.e. Rs. 12,000/- etc. which have been imposed arbitrarily and unilaterally and which are figuring in