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

Complaint No. : 19 of 2025 Date of Institution : 06.03.2025

28.01.2026 Date of Decision :

Suman Mehta W/o Sh. Ajay Mehta resident of Unit No.G903, Tower-G, 9th Floor, Sushma Chandigarh Grande Bishangarh, M.C. & Sub Tehsil, Zirakpur, District Mohali, Punjab …..Complainant Versus

1] Sushma Buildtech Limited., Registered office:- B-107, Business Complex, Elante Mall, Industrial Area, Phase-1, Chandigarh through its Director/Managing Director/Executive Director/Chairman/ Managers/Authorised signatories

2] Prateek Mittal, Executive Director of Sushma Buildtech Limited., Registered office:- B-107, Business Complex, Elante Mall, Industrial Area, Phase-1, Chandigarh

3] Bharat Mittal, Director/Authorised signatory of Sushma Buildtech Limited., Registered office:- B-107, Business Complex, Elante Mall, Industrial Area, Phase- 1, Chandigarh …Opposite Parties ------------------------------------------------------------------------------------------------

Complaint No. : 20 of 2025 Date of Institution : 06.03.2025

28.01.2026 Date of Decision :

1] Savita Jishtu W/o Sh. Shashi Jishtu;

2] Shashi Jishtu S/o Sh. Mast Ram Jishtu;

Both resident of Unit No.H904, Tower-H, 9th Floor, Sushma Chandigarh Grande Bishangarh, M.C. & Sub Tehsil, Zirakpur, District Mohali, Punjab …..Complainant Versus

1] Sushma Buildtech Limited., Registered office:- B-107, Business Complex, Elante Mall, Industrial Area, Phase-1, Chandigarh through its Director/Managing Director/Executive Director/Chairman/ Managers/Authorised signatories

2] Prateek Mittal, Executive Director/Authorised signatory of Sushma Buildtech Limited., Registered office:- B-107, Business Complex, Elante Mall, Industrial Area, Phase-1, Chandigarh

3] Bharat Mittal, Director/Authorised signatory of Sushma Buildtech Limited., Registered office:- B-107, Business Complex, Elante Mall, Industrial Area, Phase- 1, Chandigarh …Opposite Parties ------------------------------------------------------------------------------------------------

BEFORE: MRS. PADMA PANDEY, PRESIDING MEMBER MR. RAJESH K. ARYA, MEMBER Argued by:

Sh. Sandeep Bhardwaj, Advocate for the complainant(s)

Sh. Vishal Singal, Advocate for the opposite parties PER RAJESH K. ARYA, MEMBER By this order, we propose to dispose of the above captioned consumer complaints under Section 47 read with Section 35 of Consumer Protection Act 2019 alleging deficiency in service and unfair trade practice on the part of the opposite parties. Since, the issues involved in these complaints, except minor variations, here and there, of law and facts are the same, therefore, we are of the opinion that the same can be disposed of, by passing a consolidated order.

2] However, the facts are being culled from Consumer Complaint No.19 of 2025 titled “Suman Mehta Vs. Sushma Buildtech Limited & Ors.” as follows:-

3] In brief, the opposite parties advertised a residential project namely “Sushma Chandigarh Grande”, situated at Zirakpur, District Mohali, Punjab, projecting various facilities and amenities. Relying upon these assurances, the complainant booked a residential unit in the said project. An Apartment Buyer’s Agreement dated 16.04.2013, Annexure C-2, was executed between the parties, whereby Unit No.G- 903, admeasuring 1885 sq. ft., situated on the 9th Floor, Tower-G, was allotted to the complainant. The basic sale price was ₹59,90,530/- and the total sale consideration including charges was ₹63,44,034/-. The opposite parties acknowledged receipt of ₹13,00,000/- in the agreement and received ₹35,20,843/- between 09.05.2013 and

26.03.2015 vide payment receipts are Annexure C-3 to C-13.

4] As per Clause 14 of the Buyer’s Agreement, possession was to be delivered within 42 months from execution of the agreement i.e. on or before 15.10.2016. However, possession was not delivered within the stipulated time. A certificate of possession dated 29.05.2020 was issued without providing the Completion Certificate or Occ