Uday Umesh Lalit, J. - (1.) These appeals under Section 23 of the Consumer Protection Act, 1986 (hereinafter called 'the Act') are directed against the judgments and orders dated 13.02.2018 and 08.08.2018 passed by the National Consumer Disputes Redressal Commission, New Delhi ('the National Commission' for short) dismissing Consumer Case Nos.250 of 2013 and 43 of 2014 as not maintainable.
(2.) An advertisement campaign was started by the first respondent sometime in 2006-2007 for sale of apartments in a group housing project called "Aravali Heights" located at Sector-24, Dharuhera, Haryana. Various interested persons booked their apartments and entered into builder-buyer agreements. Clause 11 of such typical agreement provided that the possession would be delivered by the first respondent within three years. The time specified for delivery thus expired in the year 2010 but no possession was offered within the stipulated time. It appears that letters were received by various such buyers from April, 2012 onwards asking for payment of final instalment connected with delivery of possession. Various buyers found that the apartments were not habitable at all and the infrastructure such as roads, water supply, sewerage, storm water drain, fire fighting system, electricity were not constructed or made functional. Some of the buyers therefore filed Civil Writ Petition No.25054 of 2014 in the High Court of Punjab and Haryana which was disposed of by the High Court directing said petitioners to make appropriate representation to the competent authority. It further appears that thereafter detailed representations were made and an order came to be passed by the concerned directorate which was then challenged by certain allottees by filing Civil Writ Petition No.26358 of 2016.
(3.) At this stage 19 such allottees came together and filed a joint complaint being Consumer Case No.250 of 2013 on 06.08.2013 in the National Commission praying following reliefs: "1. For delayed possession, this Hon'ble commission may direct the Respondent No.1 to provide a towerwise schedule for completion and handing over the possession of all the flats in the "Aravali Heights" Multi-storeyed Group Housing Complex) located at Sector 21, Dharuhera on the basis of current progress & development activities. Direct the Respondent No.1 to provide tower-wise construction status achieved so far for each tower in the complex with corresponding dates of achieving completion and an honest and logical tower-wise details/list of unfinished construction tasks and corresponding schedule of completion thereof. Payment of penalty @ 36 per cent per annum, compounded annually (at the prevailing market rate) be imposed on the total amount paid to the builder so far by the apartment buyers and be directed to be paid immediately or at the time of possession to be calculated on the basis explained in the complaint. 2. Declare that the demand raised by the Respondent No.1 for the enhanced/extra EDC by including interest thereon as null and void. Direct the Respondent No.1 to provide details of the initial EDC and EDC Charge and Calculations thereof in terms of the latest directive/memo issued by the official Respondents including the status of its payment by the Builder to the DGTCP - Haryana including their payments by the Respondent No.1 to the DGTCP - Haryana. Direct the builder to raise fresh/rectified demand bills/letter towards EDC Charges after addressing the stated issues-supra. Direct the adjustment of the extra amounts paid by some of the Buyers against the EDC with interest @ 24% thereon against the fresh computations/bills raised as above. Direct the Respondent No.1 to maintain transparency in the matter of payment of EDC Charges to the Authorities by displaying the status on their Website so as to restore Buyer Confidence. 3. Direct the Respondent No.1 to refund the open stilt car parking charges in the sum of Rs.75,000/- to Rs.1,50,000/- to the buyers and the community building membership charges - these being not saleable and part of common areas and not belonging to the Respondent No.1 4. Direct the Respondent No.1 to refrain from raising illegal demands of new PLC and immediately withdraw their demand letters to customers of some of the units demanding new PLC under filmsy grounds. Direct the Respondent No.1 to refund with 36% interest the PLC money claimed from all those consumer/Complainants whose flats have ceased to remain Green Facing/falling under PLC of Green facing. 5. Direct the Respondent No.1 to refrain from raising illegal demands of the additional electricity charges, and to immediately withdraw their demand letters to customers of some of the units demanding the additional electricity charges under flimsy grounds. 6. Direct the Respondent No.1 to refrain from raising illegal demands of the electricity charges, as the said demand and the affixation of the electricity charges is unilateral, and any such charges towards the electricity are payable when the possession is given, and for an amount, which is determined in consultation with the buyers. 7. Direct the Respondent No.1 to refrain from raising illegal demands of the Maintenance Charges, as the said charges are payable when the possession is given to the buyers after completing the flat in all respect. 8. Direct the Respondent No.1 to pay penalty for the mental harassment caused to the Complainants @ 10,00,000/- (Rupees Ten lakhs) per Complainant). 9. Direct the Respondent No.1 to pay costs towards Legal expenditure @ Rs.50,000/- (Rupees Fifty Thousand) per Complainant. 10. Direct the Respondent No.1 to complete the project and the flats with all the amenities and facilities including water connection, electricity connection, power back up, roads, park, parking space, club house, street lighting, sewage drains, rainwater drains, firefighting system etc. 11. Declare the aforesaid legal omissions and commissions as amounting deception, deficiency in service and amounts to unfair trade practice together with monetary compensation/penalty/etc. as prayed in the complaint for the gross mental tension and harassment.";