Consumer protection laws mandate adherence to promised amenities in sales agreements, and unilateral changes by builders without consent are impermissible.

Condonation of delay

Heard. With the consent of the learned counsel for the complainants, the delay of 350 days in filing the Revision Petition Nos. 1524 to 1568 of 2019 is condoned subject to payment of Rs.10,000/- as cost in each revision petition to the complainants, within two weeks from today.

Revision Petitions

2. M/s Milestone Enterprise hereinafter referred to as the Builder, which is a partnership firm advertised for sale of residential apartments in a project, namely, Swastic Milestone which it proposed to construct in District Surat of Gujarat. The complainants in these matters booked residential apartments in the aforesaid project and possession of the apartments has already been delivered to them. The sale deeds in their favour were also executed. After taking possession of the apartments and execution of the sale deeds in their favour, they approached the concerned District Forum by way of separate consumer complaints alleging several deficiencies on the part of the Builder in rendering services to them. The deficiencies alleged by the complainants included the following:-

The actual carpet area of each flat was only 1006 sq.ft. though it was stated by the Builder to be 1020 sq.ft.

The Builder was required to provide parking for one car and two scooters to each of the allottees but the parking provided by it wasgrossly inadequate.

The Builder was required to provide facilities such as steam bath, Jacuzzi bath, gym hall, billiard room and indoor games, table tennis, etc.which it did not provide in the complex.

The lift provided by the Builder was of inferior quality.

24 hours sweet water was not provided.

The material used on the roads was of inferior quality and the boundary wall was constructed using inferior material and had developed cracks.

3. The complaint was resisted by the Builder which interalia stated in its written version that all the amenities had been provided in the complex and only thereafter the BUC had been issued by the Municipal Corporation. It was also claimed that adequate parking had been provided to the allottees. As regards sport facilities, it was stated in the written version of the Builder that some allottees sought children play area in place of the aforesaid amenities and their request was accepted by the Builder which provided children play area in place of those amenities. It was also claimed that the complex was being maintained by the society of the allottees for last three years and the Builder therefore was not responsible for lack of proper maintenance.

4. The District Forum allowed the consumer complaints with the following directions to the Builder:-

(2) The opponent is directed to provide facilities like steam bath, Jacuzzi bath, jim hall, billiards room, indoor game, table-tennis, carrom board, chess etc. as per mentioned in the brochure to the flat holders of 'A/2' and 'A/3' building. Opponent is also directed to provide the above facilities in the open place of COP shown in the approved plan.

(3) The opponent is directed to initiate proceedings by submitting necessary plan regarding this before the relevant authority within one month from the date of this order and get approval. And has to complete such construction within two years from the date of order.

(4) The opponent due to his fault if does not complete the construction within two years then opponent do pay monthly Rs.5,000/- (in words rupees five thousand) to the complainant/flat holder for th