STATE CONSUMER DISPUTES REDRESSAL COMMISSION CHANDIGARH CONSUMER COMPLAINT NO. SC/4/CC/82/2024 LALIT MOHAN PRESENT ADDRESS - HOUSE NO. 704, SECTOR 20 ,CHANDIGARH.

SARITA KALIA PRESENT ADDRESS - HOUSE NO. 704, SECTOR-20-A, CHANDIGARH ,CHANDIGARH.

.......Complainant(s)

Versus OMAXE NEW CHANDIGARH DEVELOPERS PRIVATE LIMITED PRESENT ADDRESS - 10, LOCAL SHOPPING COMPLEX, KALKAJI, NEW DELHI ,CHANDIGARH.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI , PRESIDENT HON'BLE MR. RAJESH KUMAR ARYA , MEMBER FOR THE COMPLAINANT:

LALIT MOHAN DATED: 06/08/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH

1. Lalit Mohan Kalia s/o Sh. Ram Sarup Kalia

2. Sarita Kalia w/o Sh. Sandeep Kalia Both residents of House no. 704, Sector-20-A, Chandigarh.

……Complainants V e r s u s

1. Omaxe New Chandigarh Developers Private Limited through its Managing Director 10, Local Shopping Complex, Kaikaji, New Delhi, 2. The Regional Manager, Omaxe New Chandigarh Developers Private Limited, 10, Local Shopping Complex, Kalkaji, New Delhi.

3. Rotash Goel, Managing Director, Omaxe New Chandigarh Developers Private Limited, 10, Local Shopping Complex, Kalkaji, New Delhi, …..Opposite parties (1 to 3).

4. Greater Mohali Area Development Authority through its Chief Administrator, SDO Building, Sector-62, Mohali, 5. Greater Mohali Area Development Authority through its Chief Administrator, Distt. Town Planner, Sector-62, Mohali.

…..Proforma parties (4 and 5)

BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT.

MR. RAJESH K. ARYA, MEMBER.

Present:- Sh.Abhineet Taneja, Advocate for the complainants.

Sh.Arjun Sharma, Advocate for opposite parties no.1 to 3.

Opposite parties no.4 and 5 exparte vide order dated 16.09.2024.

PER JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT The complainants have filed the present complaint against the opposite parties for indulging in gross deficiency in service and adoption of unfair trade practices in connection with the purchase of SCO No. 43, measuring 124.65 sq. yds., in the project titled “Commercial-2” also known as SCO Phase-III, Chandigarh, located in New Chandigarh, Mullanpur. As per the complainants, with the intention to secure the future of their children and to ensure post-retirement financial security, invested in multiple commercial properties in the said project and, in this case, paid a substantial amount of Rs.73,02,000/- out of the total consideration of Rs. 80,20,188.11/- for SCO No. 43, based on the agreement dated 15.07.2020, which clearly stipulated that possession would be handed over by July 2022 along with payment of commitment charges (assured return) till the date of possession. However, the opposite parties offered only a paper possession via a letter dated 20.04.2023 without providing necessary approvals such as the Architectural Control Sheet, nor did they demarcate or identify the plot, thereby rendering the complainants incapable of starting construction or getting their building plan approved from the competent authority. It was only on 02.08.2024 that the said Architectural Control Sheet was finally approved by GMADA, confirming that the possession offered earlier was incomplete and misleading. Furthermore, the opposite parties failed to provide basement parking as required under clause 1.9 of the agreement, which not only affected the complainants’ usage rights but also reduced the Floor Area Ratio (FAR), causing loss in the property’s commercial value. In addition, the opposite parties arbitrarily raised a demand of Rs.88,232.14/- citing delayed payment without ever having issued any prior notice or break-up of such demand, even though the complainants consistently made timely payments and were even paid commitment charges regularly, showing no default on their part. This misleading demand was clearly unjustified and intended to pressurize the complainants further. As a result of the opposite par