ORDER

1.       The present Appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”) by M/s Universal Infrastructure (hereinafter referred to as the “builder”) assailing the Order dated 03.06.2019 passed by the State Consumer Disputes Redressal Commission, Chandigarh, Punjab (hereinafter referred to as the “State Commission”) in Complaint No. 125 of 2019, whereby the complaint filed by the complainants was partly allowed.

2.       There is a delay of 63 days in filing the present appeal.

In the interest of justice and considering the reasons mentioned in the application for condonation of delay, the delay in filing the appeal is condoned.

3.       The facts, in brief, are that the complainants are joint allottees of Flat No. 1104, Block Lyra, category 4-BHK, location 4^th, Floor 11 in “The Taj Towers” located at Sector 104, Pearl City, Mohali. The flat was purchased from the builder for a total sale consideration of Rs.70,00,000/-. After securing a home loan of Rs.58,80,000/- from SBI on 12.07.2016, the complainants made the entire payment of the sale consideration to the builder company. The complainants claimed that despite payment of the entire sale consideration to the builder, the promised facilities and services outlined in the terms and conditions of the allotment letter and the Buyer’s agreement were not provided. In this regard, the relevant portion of the brochure is reproduced below for reference:

“The Taj Tower is built on the most prominent location of Sector 104, Pearl City, Mohali, comprises 4 BHK luxurious Apartments, which embraces extravagant luxury to let you live life on your terms. When you live in the Taj Towers, you don’t own a home, you own a kingdom. Here you own an elite space that is meticulously built for you by the finest architects, using the finest material, where luxury is a necessity. The Taj Towers is the only privileged choice for people who love to live life-king size”

Following facilities were promised in the brochure of Appellant 

"Creche & Child Care Facility, Entertainment Zone for all age groups, Elderly Care Centre and Nurse Assistance; Mini Cineplex, 24 Hours Chemist Shop, Dietician prescribed Catering, Club House, Restro-Bar, Guest Rooms at Club Taj; Fully equipped Fitness Centre, Shopping Area within proximity, Jogging Track, Swimming Pool; Non-Stop Power & Water Supply, Wi-fi Zone, 3-Tier Security, Spacious Balconies & Turfed Garden."

4.       The complainants further averred that the possession was delivered on 10.07.2016 but many promised amenities were lacking, and notably, the possession was given without obtaining the occupancy and completion certificates from the competent authority. It was also alleged that initially the project was got sanctioned with the basement designated parking. However, in collusion with GMADA officials, the builder got the project sanctioned without basement parking. Therefore, the available parking space was inadequate for the residents and it constitutes deficiency in service on the part of the builder. The complainants through a letter dated 21.10.2018, requested the builder to secure the Occupation Certificate promptly, along with a separate maintenance agreement for their flat. The builder misrepresented the complainants by stating that the builder had got Partial Occupation Certificate and assured them to obtain the full occupancy certificate in the near future but the same had not been obtained. Hence, amounts to deficiency in service on the part of builder.

5.       The complainants filed a complaint before the State Commission with the following prayer:-

6.       The builder filed its reply raising preliminary objections that the complaint was not maintainable in its present form and was based on misrepresentation. The builder further raised another objection that it was barred by limitation. The builder explained that they applied for a partial completion certificate for the project on 25.01.2016 and after due