JUDGMENT

Rajesh K. Arya, Member.—

Brief facts:-

It is the case of the complainants that on 16.03.2019, they booked an apartment with the opposite parties in their project “Palm Residency”, New Chandigarh, SAS Nagar and as such, the opposite parties allotted Floor No.632 (Top Floor) admeasuring 1560 Sq. Ft. Super Area (approx.) vide allotment letter dated 16.03.2019, Exhibit C-1, the total consideration whereof was Rs.57,00,240/-. Palm Residency Agreement was executed between the complainant and the opposite parties on 16.03.2019, Exhibit C-2. The possession of the said unit was to be delivered within a period of 30 months plus 6 months grace period from the date of the said agreement. The opposite parties issued possession notice to the complainants on 31.08.2021, Exhibit C-3 i.e. before the date of completion/handing over the physical possession of the unit complete in all respects as stipulated in the agreement. It has been averred that as per the certificate of possession, the conveyance deed was liable to be executed within stipulated period of 180 days, falling which, the allottee’s possession was to be revoked/cancelled immediately. It has further been stated that the opposite parties failed to develop the project by the committed date and in order to evade their liability, paper possession was offered to the complainants and that too in the absence of basic amenities, which is not sustainable in the eyes of law and the same was also not accompanied with occupation and completion certificates. It has been stated that even the terms and conditions contained in the respective agreements i.e. buyers agreement and maintenance agreement are wholly one sided and heavily loaded in favour of the opposite parties and nothing has been left for the complainants therein. However, under compelling circumstances, the complainants took over possession of the unit and got the Conveyance Deed executed on 10.09.2021, Exhibit C-4. It has further been stated that the opposite parties are charging maintenance charges from the complainants in the absence of basic amenities and also occupation and completion certificates. It has further been stated that at the time of booking of the unit, number of shortcomings were in existence at the project site and certificate dated 25.03.2024 issued by Architect highlighting the deficiency in the unit in question and unfinished development in the project has been placed on record by the complainants as Exhibit C-5 alongwith the photographs of the unit and the project as Exhibit C-6. It has further been stated that at present, the complainants are suffering at the hands of the opposite parties, since due to multiple shortcomings including cracks in the wall, seepage from the roof, unsecured common areas and other major deficiencies in the unit has caused grave harassment to the complainants. By filing this complaint, the complainants have prayed for the following directions to the opposite parties:—

to provide all basic amenities and facilities as promised in the brochure and in the agreement including rectification and removal of the defects of seepage etc. as per Exhinit C-5 and obtain occupation and completion certificate from the competent authorities in a time bound manner;

to pay compensation by way of interest on the deposited amounts from the respective due dates of payment till the completion of the project;

to provide all facilities and maintenance services as promised and agreed as mentioned in the maintenance agreement.

to waive of fixed maintenance charges till the date of issuance of final completion certificate from the competent authority.

to declare the terms and conditions of agreement as unfair, which are against the interest of the complainant(s) being null and void being unfair.

to pay compensation on account of mental agony, physical harassment, financial loss caused to the complainants due to deficiency in service and unfair trade practice on the part of opposite parties