Mohali: The District Consumer Disputes Redressal Commission, Mohali, has ruled in favour of a homebuyer, directing a real estate developer to pay 9% annual interest on deposited funds, rectify construction defects, refund illegal maintenance charges, and restore standard parking spaces over severe project delays and missing clearances.The complainant had purchased a 1,050 sq ft 2BHK apartment in Sector 66-A through a re-allotment letter dated June 30, 2021. Although construction was originally scheduled for completion within 36 months by July 30, 2018, possession was only offered in Dec 2022. Under compelling financial pressure, the buyer took possession on March 10, 2023, after paying a final balance of ₹2,40,153.Upon moving in, the buyer discovered unfulfilled brochure promises, split single-car parking bays, and health hazards from construction dust that aggravated his bronchitis. Crucially, the builder had failed to secure occupation and completion certificates from GMADA.The commission observed that handing over keys without these statutory certificates does not constitute a valid offer of possession. Citing National Consumer Disputes Redressal Commission (NCDRC) precedents, the bench ruled that builders cannot levy maintenance charges before obtaining completion certificates, and that promotional brochures form an integral part of the service contract.Reviewing photographic evidence of the squeezed parking space, the court noted the builder failed to produce a sanctioned parking plan to justify the division.The commission partly allowed the complaint and directed the developer and its management to fulfill a series of compliance measures within three months of receiving the order. In addition to providing all basic amenities promised in the brochure, the builder was instructed to secure final occupation and completion certificates from GMADA. The court ordered the developer to pay 9% annual interest on the total deposited amount of ₹42,13,678, calculated from the original promised date of possession until the final completion certificate is obtained. Furthermore, the builder must restore and provide the homebuyer’s original, uncompromised parking space, and pay ₹75,000 as compensation for mental agony, harassment, and litigation expenses.
