The complaint was barred by limitation as it was filed beyond the two-year period stipulated by the Consumer Protection Act.

PER JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

It is the case of the complainants that they had purchased Flat No. 1-14 in Tower-I, Uppals Marble Arch, from opposite parties no.1 to 3, relying on the latter’s representations and publicized brochures showcasing the project as a luxurious, transparent, and lawfully constructed housing society. The flat was purchased jointly by complainants No.1 and 2 (husband and wife) and complainant No.3 (their son), who resides abroad, and is thus represented in this complaint through a GPA held by Complainant No.1 (Annexure C-2). The project site, measuring 26,109.24 sq. yds. in Pocket Nos. 2 and 3, Manimajra, Chandigarh, was auctioned to opposite parties no.1 to 3 by the Municipal Corporation Chandigarh via allotment letter dated 06.12.2005 (Annexure C-3), and the site fetched a massive amount of Rs. 108.01 crores. Based on the brochures and assurances provided (Annexure C-4), the complainants entered into an Apartment Buyers Agreement dated 11.12.2009 (Annexure C-5) and took possession of the flat on 09.08.2010 (Annexure C-6) after paying a sum of Rs.1,47,62,770/- including registration fees, with the sale deed executed on 26.10.2010 (Annexure C-7). It was always understood by the complainants that the project was lawfully sanctioned, free of encumbrances, and did not include any EWS (Economically Weaker Section) or two-bedroom flats, as no such details were mentioned in the brochures, sale deed, or original sanctioned building plans. However, to their shock and dismay, the complainants came to know about serving of Show Cause Notice dated 07.03.2016 (Annexure C-8) by the competent authority and subsequently, an order dated 18.12.2018 (Annexure C-9) was passed, directing the sealing of several apartments, including five flats in Tower-I, to construct EWS housing. The EWS flats, initially planned for the top floors, were later shifted to Tower-I through revised plans, unilaterally got sanctioned by opposite parties no.1 to 3 in the year 2010 without informing the allottees. As a result, the complainants now face the grim reality of residing in a building intended for premium 3 and 4-bedroom apartments, which is now being modified to accommodate five EWS flats per original apartment, significantly degrading the structural integrity, increasing the burden on sewage, water, and electricity infrastructure, and severely affecting the quality of life. The complainants, particularly senior citizens, are distressed due to the lack of sunlight in many flats (84 out of 168 have no sunlight), and feel deceived by the tall claims made by opposite parties no.1 to 3 regarding the standard and layout of the project. The non-disclosure of such major changes, failure to obtain occupancy and completion certificates even after 15 years, and concealment of crucial facts amount to clear deficiency in service and unfair trade practices. The complainants have also spent an additional Rs.36,00,000/- on renovations and are now subject to continuous harassment and uncertainty, especially due to overburdened infrastructure, security concerns, and overcrowding. The entire premise of purchasing a high-end, peaceful, and law-compliant home has been defeated, and opposite parties no.1 to 3, who sold the project at peak market prices and subsequently abandoned it, must be held accountable and directed to compensate the complainants for the mental, physical, emotional, and financial losses suffered. Thus, this complaint has been filed by the complainants with following prayer:-

“…….It is therefore respectfully prayed that the present complaint may kindly be allowed and opposite