STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

PUNJAB, CHANDIGARH.

Consumer Complaint No.609 of 2017

Date of institution : 26.07.2017

Date of decision : 13.12.2017

Mr. Vikas Rai Chauhan Son of Col. D.R. Chauhan, Resident of Flat

No.702 E-10, GH-79, Sector-20, Panchkula.

….Complainant

Versus

1. ATS Golf Meadows, Lifestyle, Madhopur, Derabassi, District

S.A.S. Nagar, Punjab, through its Authorized Representative.

2. ATS Estates Private Limited, Registered Office at 711/92,

Deepali, Nehru Place, New Delhi, through its Authorized

Representative.

.…Opposite Parties

Consumer Complaint under Section 17 of

the Consumer Protection Act, 1986.

Quorum:-

Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President

Mrs. Kiran Sibal, Member.

Present:-

For the complainant : Sh. Subham Jain, Advocate

For the opposite parties: Sh. P.K. Khindria, Advocate.

JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT :

Facts of the Complaint

The complainant has filed this complaint, under Section 17

of the Consumer Protection Act, 1986 (in short, “the Act”), seeking

following directions to the opposite parties:

i)

to hand over physical possession of the unit allotted in his favour,

complete in all respects;

Consumer Complaint No.609 of 2017

ii)

to execute and get the Sale Deed registered in respect of the

unit, in question;

iii)

to pay compensation by way of interest at the rate of 18% per

annum on the deposited amount from 27.11.2015 (promised

date) till realization/possession;

iv)

to refund the amount of ₹2,00,000/-, illegally charged for parking

area, along with interest at the rate of 18% from the date of

deposit till realization and to provide 2 car parkings, as

mentioned in the Registration Form;

v)

to pay rent at the rate of ₹16,500/- from July, 2016 till delivery of

possession of the unit, in question;

vi)

to pay ₹15,00,000/-, as compensation on account of deficiency in

service as well as for causing mental agony and harassment to

the complainant; and

vii)

to pay ₹2,00,000/-, as cost of litigation.

Brief facts, as set out in the complaint, are that being lured by the

advertisement of the opposite parties, the complainant booked a flat in

their project “ATS Golf Meadows, Lifestyle” situated at Village

Madhopur, Derabassi, District SAS Nagar, Mohali, Punjab, by paying

booking amount of ₹6,30,000/-. The complainant was issued allotment

letter dated 27.11.2012, whereby Type-C Flat No.0723, 2^nd Floor, in

Tower No.7, measuring 1900 sq.ft. was allotted to him. Thereafter, the

opposite parties executed Buyer’s Agreement dated 27.11.2012. The

complainant made further payment of ₹6,00,000/- on 05.11.2012;

₹49,467 on 15.12.2012; ₹3,00,000/- on 20.12.2012; and ₹31,50,000/-

on 18.12.2012 to the opposite parties. The price of the said flat was

₹43,50,000/- plus Service Tax. As per Clause 14 of the agreement, the

possession was to be offered within a period of 36 months (with 6

Consumer Complaint No.609 of 2017

months grace period) from the date of execution of the agreement. The

flat was to be handed over after completing the interiors of

independent floors, like flooring, OP fittings, white wash, kitchen fittings

etc. and complete specifications, as per the agreement. It was further

averred that the complainant availed home loan of ₹33,60,000/- from

HDFC Bank, which was sanctioned on 20.12.2016. The complainant

deposited the total sum of ₹41,10,338/- with the opposite parties till the

date of filing of the complaint. However, the opposite parties failed to

deliver possession of the flat, in question, within the stipulated period.

The complainant, even after prepaying the loan amount of

₹16,00,000/-, is still paying heavy monthly EMIs at the rate of

₹14,336/- per month to the Bank. Because of delay in delivery of

possession, the complainant is residing in rented accommodation and

is saddled with an additional hea

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