The court established that failure to provide promised amenities and delays in possession constitute unfair trade practices, entitling homebuyers to compensation and punitive interests under consumer law.

JUDGMENT

Date: 27.02.2025 DR. SUDHIR KUMAR JAIN, J

1. The present common judgment proposed to decide 33 First Appeals preferred by the complainants and the opposite parties no 1& 2 (each filed 11 Appeals) arising out of the common order dated 21.09.2023 (hereinafter referred to as “the impugned order”) passed by the State Consumer Disputes Redressal FIRST APPEAL No. 1070 OF 2023 along with 32 connected F.A.S 29 \\MLKJIHGFEDCBA Commission, Chandigarh (hereinafter referred to as “State Commission”). The contesting parties for convenience are being referred to as referred in the original complaints.

2. The details of the First Appeals covered in this common judgment are as under:

FIRST APPEAL No. 1070 OF 2023 along with 32 connected F.A.S 30 FIRST APPEAL No. 1070 OF 2023 along with 32 connected F.A.s 31 FIRST APPEAL No. 1070 OF 2023 along with 32 connected F.A.s 32

3. The similar facts and questions of law are involved in these Appeals and accordingly are being disposed of by this common judgment. The First Appeal bearing no. 1070 of 2023 arising out the Consumer Complaint bearing no.09/2022 is taken as lead case for sake of reference.

4. The relevant facts as per the said complaint are that the complainants of the Consumer Complaint bearing no. 09/2022 had booked residential unit in the housing complex project under name and style of Florence Park situated in NewIHGFEDCBA FIRST APPEAL No. 1070 OF 2023 along with 32 connected F.A.s 33 Chandigarh which was to be developed by the opposite party no.l. The complainants booked the flat bearing no. 303, Prime Rose C, the Florence Park, New Chandigarh for their personal use and occupation and accordingly entered into the transaction with the opposite party no 1 on the attractive representations, promises, and assurances made by the opposite party no 1 through their sales brochure and marketing materials. The complainants were led to believe and understand that they would be provided with a decent, comfortable residential unit situated in high-class surroundings with all modem amenities and facilities as promised. The complainants after relying upon representations and the commitment demonstrated by the opposite party no 1 through the contractual documentation and promotional materials proceeded to book the flat on 07.06.2017. The complainants received an allotment letter dated 29.06.2017 from the opposite party no 1 and also executed a Builder-Buyer Agreement on 21.06.2017. The complainants to meet the payment demands and financial obligations imposed by the opposite party no 1 were constrained to take housing loan from Aditya Birla Bank to enable them to make timely payment to the opposite party no 1 in accordance with the payment schedule.

4.1 The allotment letter dated 29.06.2017 confirmed that the complainants were allotted flat no. 303 in Prime Rose C Tower measuring 1,575 square feet for a total sale consideration of Rs.58,66,600/-. The Builder-Buyer Agreement dated 21.06.2017 executed between the parties contained specific stipulations regarding timely delivery of possession along with all promised compliances, amenities and facilities. The agreed date of possession as per the said agreement was 21.07.2020. The opposite party no 1 on 25.07.2017 comm