ORDER

Dr. Sadhna Shanker, Member.—The present appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”) by Major (Retd.) J S Yadav (hereinafter referred to as the “complainant”) assailing the Order dated 26.02.2019 passed by the State Consumer Disputes Redressal Commission, Rajasthan (hereinafter referred to as the “State Commission”) in complaint No.74 of 2017, whereby the complaint was partly allowed.

2. We have heard the learned counsel for the complainant and the learned counsel for the respondents No.1 to No.3 (hereinafter referred to as the ‘builder’) and have perused the record including inter alia the impugned order dated 26.02.2019 and the memorandum of appeal.

3. This Commission, vide its Order dated 14.02.2020, had condoned the delay in filing the appeal.

4. The facts, in brief, are that the complainant, who is senior citizen aged about 81 year, had applied for a 3BHK flat admeasuring 1350 sq. ft. in the upcoming project, namely, “Hill View Garden Housing Complex”, Bhiwadi, launched by the builder, in the joint name of himself and his wife, Smt. Shanti Devi, being the first applicant and paid a sum of Rs.2,50,000/- as booking amount on 25.10.2006. On 10.11.2006, the builder vide its letter communication bearing Ref. THD/BHW/Receipt No.0486 addressed to wife of complainant confirmed registration of 3 B/R residential unit admeasuring 1350 sq.ft super area in “Hill View Garden Housing Complex” situated at Bhiwadi as per the terms of application form at a basic cost of Rs.17,95,500/- plus PLC, DC and other charges. On 01.06.2007, the builder vide its letter communication addressed to wife of complainant raised demand of 3rd installment for an amount of Rs.2,41,159/- with 18% interest payable within 15 days failing which penalty of Rs.10,000/- was to be levied over and above the interest. The grievance of the complainant is that the registration was made for 1350 sq. ft. but on 08.09.2008, the builder vide its letter communication addressed to wife of complainant offered possession of the Flat No.7, in Tower “G”, having super area 1389 sq. ft. in Hill View Garden Housing Complex, situated at 8 Milestone, Alwar By-pass Road, Bhiwadi (hereinafter referred to as “Subject Flat”), in an arbitrary and capricious manner and even without intimation and consent for any such change in super area of the subject flat and raised a demand for the differential super area of 39 sq.fts which is nothing but unfair trade practice. It is pertinent to note that the builder, without obtaining Completion Certificate as well as Occupancy Certificate in its favour pertaining to the Residential Housing Scheme carved out under the name and style “Hill View Garden Housing Complex” by the concerned authority, offered the possession of the subject flat. It is pertinent to put on record that complainant vide several letter communications dated 01.08.2009, 31.10.2011, 27.4.2013, 29.6.2013 & 20.5.2015 repeatedly requested the builder to furnish “Completion Certificate” and “Occupancy Certificate” pertaining to “Hill View Garden Housing Complex” situated at Bhiwadi. However the builder failed to furnish the same to complainant. His further grievance is that despite the settled position of law that builder/developer/promoter cannot sell parking areas as independent unit as the same is extended as common areas and facilities for the Owners, it charged Rs.50,000/- towards covered car parking.

5. Being aggrieved, the complainant filed a complaint before the State Commission with the following prayer:-

a. Direct the opposite parties to provide ‘Completion Certificate’ and Occupancy Certificate’ to the complainant.

b. Direct the opposite parties to pay 18% p.a. interest on total cost of Rs.21,72,390/- to the complainant form the date of offer of possession till date of providing Completion/ Occupancy Certificates.

c. Direct the opposite party to pay Rs.16 lakhs as compensation amount.

d. Direct the opposite parti