Additional Bench STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 21.02.2022 Reserved on : 29.05.2024 Date of Decision : 04.07.2024

1. Usha Kapoor wife of Krishan Lal Kapoor

2. Krishan Lal Kapoor son of Hari Chand Kapoor Both are R/o Flat No.203, F Tower, Sushma Grande, Chandigarh Ambala Highway, Zirakpur-140603.

….Complainants Versus

1. M/s Hero Realty Pvt. Ltd. (Erstwhile Hero Realty Ltd.) E-2, Qutub Hotel Complex, Shaheed Jeet Singh Marg, New Delhi-110016, through its Authorized Signatory/Officer.

Email : infio.hrl@herorealty.in

2. Hero Homes Mohali, Phase-1, Sector 88, SAS Nagar, Mohali, Punjab-160055. Email : gurjeet.singh@herorealty.in …..Opposite Parties.

Consumer Complaint under Section 47 of the Consumer Protection Act, 2019.

Quorum:-

Mr. Harinderpal Singh Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Present:

For the complainants : Sh.Naveen Sheokand, Advocate For the opposite parties : Sh.Sanjeev Sharma, Advocate HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER The complainants – Usha Kapoor & Anr. have filed their complaint under Section 47 of the Consumer Protection Act, 2019, (in short “C.P. Act”) for the indulgence of this Commission for seeking following directions to the opposite parties:-

(i) to give possession of apartment No.T-04/803 on 8^th Floor with completion of all amenities as mentioned in the brochure.

(ii) to pay compensation of Rs.5,00,000/- on account of causing financial risk, hardship, mental agony, harassment, emotional disturbance caused to the complainant due to the actions/omissions;

(iii) to pay Rs.70,000/- as litigation expenses; and (iv) any other relief which this Commission may deem fit and proper.

2. Brief facts culminating to the institution of the present complaint are that complainants applied for allotment of 2BHK flat No.T5/604 in Phase-1 in Hero Project, Mohali and paid the down payment of Rs.2,50,000/-, vide cheque No.955914 dated 21.01.2016. At the time of booking of apartment, the price of the flat was fixed as Rs.3400/- per sq.ft. and afterwards the complainants visited their office and they were informed that the flat booked by them was sold to some other person. On the protest of the complainants, the opposite parties given him of some other choice and assured them that pre-launch benefit of Rs.250/- per sq.ft. will be given to him after booking some other apartment. No Builder Buyer Agreement was executed despite repeated requests of the complainants. The allotment letter was issued by the opposite parties on 28.07.2017, vide which residential unit No.T-04/803 on 8^th Floor at Tower -4 was allotted to the complainants. On the demand of the opposite parties the complainants paid the payments as per the details given below:

Rs.2,50,000/- on dated 21.01.2016 Rs.2,24,008/- on dated 16.08.2016 Rs.9,48,017/- on dated 30.09.2016 Rs.30,00,000/- on dated 28.11.2020 Rs.5,00,000/- on dated 27.01.2021 Rs.2,00,000/- on dated 27.01.2021 Rs.16,200/- on dated 29.09.2021 Rs.3,27,468/- on dated 29.09.2021 Rs.50,926/- on 07.10.2021

3. In this manner, the complainants paid total sum of Rs.55,16,619/- to the opposite parties. An email dated 13.01.2021 was sent by the opposite parties offering the possession and in answering to that the complainants sent a letter asking for No Due Certificate and also for execution of the agreement. Another reminder was sent through mail dated 07.08.2021 with the following queries:

1. Gross Price to be corrected.

2. Arithmetic error in the computation of 4% discount to be corrected.

3. Full benefit of input credit to be extended instead of 1/3^rd use allowed by you.

4. Compensation for delay in construction beyond 36 months to be included.

4. The complainants are used to make the payment with effect from January, 2016, Construction of Phase-1 project as per layout plan in an advertised brochure, issued by the opposite parties. The possession letter was issued by the opposite parties for incomplete flat so the complainants are entitle