STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH [ADDITIONAL BENCH]

Complaint case No. : 105 of 2024 Date of Institution : 22.11.2024 Date of Decision : 21.01.2026

1] Sh. Ashish Kumar son of Sh. Pawan Kumar, aged about 31 years, resident of House No.371/1, Sector 45-A, Chandigarh

2] Sh. Pawan Kumar son of Sh. Krishan Lal, aged about 67 years, resident of House No.371/1, Sector 45-A, Chandigarh ...Complainants Versus

1] M/s Ambika Realcon Developers Private Limited, Corporate Office:

SCO 18-19, 1st Floor, Sector 9-D, Chandigarh – 160009 through its Director Sh. Ritesh Sehgal

2] M/s Ambika Realcon Developers Private Limited, Regd. Office:

Building No.251, Glatt Building, 2nd Floor, Behind Modi Floor Mill, Okhla, Phase-III, New Delhi – 110020 through its Managing Director –

Sh. Diwakar Bansal

3] M/s Ambika Realcon Developers Private Limited, Sales Office: LA Parisian, Sector 66 Beta, IT City, Mohali – 140307 through its Sales Manager …..Opposite Parties BEFORE: MRS. PADMA PANDEY, PRESIDING MEMBER MR. PREETINDER SINGH, MEMBER Argued by:- Sh. Devinder Kumar, Advocate for the complainants Sh. Manpreet Sing Longia, Advocate for the opposite parties PER PADMA PANDEY, PRESIDING MEMBER Briefly stated the facts are that the opposite parties, through various publications, publicity and assurances, floated a proposed scheme for allotment of residential flats in their project “LA PARISIAN” at Sector-66, Beta, IT City, District Mohali. The complainants, along with their family members, were residing in a house and due to paucity of space and to fulfil their responsibilities towards their children by providing independent dwelling units while maintaining privacy and cordial relations, decided to purchase a residential flat in the said project. In September 2021, complainant No.1 approached the opposite parties, who assured that the project was duly approved by competent authorities and possession would be delivered within 15 months, i.e., by March 2023. Relying upon these assurances, complainant No.1 booked a flat and paid ₹3,00,000/- (₹50,000/- on 09.09.2021 through online transfer and ₹2,50,000/- through cheque, Annexure C-1 & C-2). The total sale consideration was ₹67,07,500/-. Upon receipt of ₹3,00,000/-, the opposite parties issued an Allotment Letter dated 16.09.2021, Annexure C-3, allotting Flat No. SAVOYE/D/202 in Tower “SAYOYE-D” (Tower No.4), having super area/carpet area approximately 1740 sq. ft./1082 sq. ft. Thereafter, under directions of the opposite parties, complainant No.1 paid ₹6,39,752/-, making the total payment ₹9,39,752/- till 30.09.2021 vide receipt dated 30.09.2021, Annexure C-4. On 25.10.2021, complainant No.1 further paid ₹10,29,000/- vide cheque Annexure C-5. An Agreement for Sale dated 25.10.2021 was executed, wherein as per Clause 7, possession was to be handed over by 31.03.2023, Annexure C-6.

2] In December 2022, complainant No.1 and his father visited the office of opposite parties, where they were allured to add complainant No.2 as joint allottee. On such allurement, ₹25,665/- was paid as endorsement fees and original documents were taken by the opposite parties vide acknowledgement dated 24.12.2022. Subsequently, another Agreement for Sale dated 19.01.2023, Annexure C-9, was executed wherein the possession date was mala-fidely changed to 31.12.2023. Complainant No.1 availed a housing loan of ₹40,00,000/- from HDFC Bank, Chandigarh and has been regularly paying EMIs. As per the payment plan, complainants and the bank paid ₹43,18,130/- till 19.03.2023 vide receipts Annexure C-10 & C-11. Despite receipt of substantial amounts, the opposite parties failed to hand over possession by either 31.03.2023 or 31.12.2023. An offer of possession letter dated 17.09.2024, Annexure C-12, was issued demanding ₹25,28,856.21/- along with additional charges without providing completion and occupation certificates. On directions of opposite parties, HDFC Bank released ₹13,56,372/- on 08.10.2024, making total payment ₹56,74,