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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI RESERVED ON : 11.02.2026 PRONOUNCED ON : 27.02.2026 FIRST APPEAL NO. 1796 OF 2018 (Against the order dated 01.08.2018 in CC No.239 of 2016 of the State Commission, Uttar Pradesh)
With IA/8462/2025 (EARLY HEARING)
Subash Chandra Sen R/o Ganga Singh Building, Room No. - 202, 3A, Churiya Mohalla, Madanpur, Khadar, Savita Vihar New Delhi - 110076 ...Appellant Versus
1. HDFC Ltd.
Through its Director HDFC House, HT Parekh Marg, 165-166, Backbay Reclamation, Churchgate, Mumbai - 400 020 ...Respondent 1
2. Assotech Ltd. (In liquidation)
Through Ex management/ director H-127, Ground Floor, Sector 63, Noida. ...Respondent 2 FIRST APPEAL NO. 1798 OF 2018 (Against the order dated 01.08.2018 in CC No. 241 of 2016 of the State Commission, Uttar Pradesh)
Amul Sharma R/o 07/09, Cassia Road, Shipra Suncity Indirapuram, Ghaziabad … Appellant Versus
1. HDFC Ltd.
Through its Director HDFC House, HT Parekh Marg, 165-166, Backbay Reclamation, Churchgate, Mumbai - 400 020 ...Respondent 1
2. Assotech Ltd. (In liquidation)
Through Ex management/ director H-127, Ground Floor, Sector 63, Noida. ...Respondent 2 FIRST APPEAL NO. 1799 OF 2018 (Against the order dated 01.08.2018 in CC No. 242 of 2016 of the State Commission, Uttar Pradesh)
Sachidanand Sharma R/o D-310, IRCON Apartment, Plot No.14, Sector 18A, Dwarka, New Delhi … Appellant Versus
1. HDFC Ltd.
Through its Director HDFC House, HT Parekh Marg, 165-166, Backbay Reclamation, Churchgate, Mumbai - 400 020 ...Respondent 1
2. Assotech Ltd. (In liquidation)
Through Ex management/ director H-127, Ground Floor, Sector 63, Noida. ...Respondent 2 FIRST APPEAL NO. 1800 OF 2018 (Against the order dated 01.08.2018 in CC No. 287 of 2016 of the State Commission, Uttar Pradesh)
Manish Kumar R/o H-206, Parsavnath Prestige, Sector 93A, Noida, U.P. ... Appellant Versus
1. HDFC Ltd.
Through its Director HDFC House, HT Parekh Marg, 165-166, Backbay Reclamation, Churchgate, Mumbai - 400 020 ...Respondent 1
2. Assotech Ltd. (In liquidation)
Through Ex management/ director H-127, Ground Floor, Sector 63, Noida. ...Respondent 2 FIRST APPEAL NO. 1801 OF 2018 (Against the order dated 01.08.2018 in CC No. 289 of 2016 of the State Commission, Uttar Pradesh)
Ganesh Sharma R/o B-504, Elite Homz, Sector 77, Noida … Appellant Versus
1. HDFC Ltd.
Through its Director HDFC House, HT Parekh Marg, 165-166, Backbay Reclamation, Churchgate, Mumbai - 400 020 ...Respondent 1
2. Assotech Ltd. (In liquidation)
Through Ex management/ director H-127, Ground Floor, Sector 63, Noida. ...Respondent 2 FIRST APPEAL NO. 1802 OF 2018 (Against the order dated 01.08.2018 in CC No. 290 of 2016 of the State Commission, Uttar Pradesh)
Simranjeet Singh R/o Flat No.J-603, Skytech Matrott, Sector 76, Noida … Appellant Versus
1. HDFC Ltd.
Through its Director HDFC House, HT Parekh Marg, 165-166, Backbay Reclamation, Churchgate, Mumbai - 400 020 ...Respondent 1
2. Assotech Ltd. (In liquidation)
Through Ex management/ director H-127, Ground Floor, Sector 63, Noida. ...Respondent 2 FIRST APPEAL NO. 1803 OF 2018 (Against the order dated 01.08.2018 in CC No. 291 of 2016 of the State Commission, Uttar Pradesh)
Ritesh Agarwal R/o Flat No. 1806, Ozone Evergreen, Harlur Road, Off. Sarjapur Road, Bangalore ... Appellant Versus
1. HDFC Ltd.
Through its Director HDFC House, HT Parekh Marg, 165-166, Backbay Reclamation, Churchgate, Mumbai - 400 020 ...Respondent 1
2. Assotech Ltd. (In liquidation)
Through Ex management/ director H-127, Ground Floor, Sector 63, Noida. ...Respondent 2 FIRST APPEAL NO. 1804 OF 2018 (Against the order dated 01.08.2018 in CC No. 292 of 2016 of the State Commission, Uttar Pradesh)
Sunil Thakur R/o B-166, HIG Flats, Nand Nikunj, Ghaziabad ...Appellant Versus
1. HDFC Ltd.
Through its Director HDFC House, HT Parekh Marg, 165-166, Backbay Reclamation, Churchgate, Mumbai - 400 020 ...Respondent 1
2. Assotech Ltd. (In liquidation)
Through Ex management/ director H-127, Ground Floor, Sector 63, Noida. ...Respondent 2 FIRST APPEAL NO. 1805 OF 2018 (Against the order dated 01.08.2018 in CC No. 293 of 2016 of the State Commission, Uttar Pradesh)
Prabal Pratap Singh R/o D-257, Paramount Golf Foreste Villas, Zeta 2, Greater Noida … Appellant Versus
1. HDFC Ltd.
Through its Director HDFC House, HT Parekh Marg, 165-166, Backbay Reclamation, Churchgate, Mumbai - 400 020 ...Respondent 1
2. Assotech Ltd. (In liquidation)
Through Ex management/ director H-127, Ground Floor, Sector 63, Noida. ...Respondent 2 FIRST APPEAL NO. 1806 OF 2018 (Against the order dated 01.08.2018 in CC No. 294 of 2016 of the State Commission, Uttar Pradesh)
Ashish Sharma R/o WZ-632, Street No.2, Sri Nagar Colony, Near Mahindra Park, New Delhi … Appellant Versus
1. HDFC Ltd.
Through its Director HDFC House, HT Parekh Marg, 165-166, Backbay Reclamation, Churchgate, Mumbai - 400 020 ...Respondent 1
2. Assotech Ltd. (In liquidation)
Through Ex management/ director H-127, Ground Floor, Sector 63, Noida. ...Respondent 2 FIRST APPEAL NO. 1807 OF 2018 (Against the order dated 01.08.2018 in CC No. 371 of 2016 of the State Commission, Uttar Pradesh)
Nikhil Srivastava R/o Flat No.20, 1st Floor, Royal Street, Omaxe City, Sector 15, Bahadurgarh, Haryana … Appellant Versus
1. HDFC Ltd.
Through its Director HDFC House, HT Parekh Marg, 165-166, Backbay Reclamation, Churchgate, Mumbai - 400 020 ...Respondent 1
2. Assotech Ltd. (In liquidation)
Through Ex management/ director H-127, Ground Floor, Sector 63, Noida. ...Respondent 2 FIRST APPEAL NO. 1809 OF 2018 (Against the order dated 01.08.2018 in CC No. 87 of 2016 of the State Commission, Uttar Pradesh)
Dhirendra Kumar R/o S-2/283, Shalimar Garden Ext 1, Sahibabad, Ghaziabad … Appellant Versus
1. HDFC Ltd.
Through its Director HDFC House, HT Parekh Marg, 165-166, Backbay Reclamation, Churchgate, Mumbai - 400 020 ...Respondent 1
2. Assotech Ltd. (In liquidation)
Through Ex management/ director H-127, Ground Floor, Sector 63, Noida. ...Respondent 2 BEFORE:
HON’BLE AVM JONNALAGADDA RAJENDRA AVSM VSM (Retd.), PRESIDING MEMBER HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA, MEMBER For Appellant : Mr. Yash Tandon (VC) and Mr. Danish, Advocates For Respondents : Ms. Amrita Singh, Mr. Prasang Sharma and Mr. Sanket Khandelwal, Advocates for R-1 (HDFC Bank)
…………………………………………………
(AVM J. RAJENDRA, AVSM, VSM (RETD.)
PRESIDING MEMBER .…………….…………………………… (ANOOP KUMAR MENDIRATTA, J.)
MEMBER /Hitaishee
JUDGEMENT
AVM JONNALAGADDA RAJENDRA AVSM VSM (Retd)
1. By way of the present common order, we propose to dispose of 12 First Appeals preferred by the Complainants/Appellants, arising out of the common order dated 01.08.2018 passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh (“State Commission”) which partly allowed the complaints.
2. The details of the FAs covered in this order are as under:
3. As per report of the Registry, there is a delay of 10 days in filing the present Appeals. In the interest of justice, the delay is condoned.
4. Since the facts and questions of law involved in all the Appeals are similar, these Appeals are being disposed of by this common Order. For ease of reference, First Appeal No. 1796/2018 is considered as the lead case, and the facts outlined below are derived from Consumer Complaint No. 239/2016.
5. For convenience, the parties in the present matter are being referred to as per the Consumer Complaint.
6. Brief facts of the case, as per the complaint, are that on 04.06.2012, the complainant booked a residential flat bearing No. F- 083 admeasuring 1230 sq. ft. in Tower “F” of the project “The Nest” being developed by OP-1 at Plot No. GH-06, Crossing Republic, NH- 24, Dundahera, Ghaziabad, Uttar Pradesh, vide allotment letter dated 04.06.2012. The allotment letter represented that the project had all requisite approvals, including the approval of Ghaziabad Development Authority. It was further represented to the complainant that the said project, particularly Towers “F” and “G” stood approved by OP-2 for the purpose of availing a home loan. OP-2, projecting itself as a leading non-banking financial company with pan-India presence, assured the complainant that it had carried out due diligence in respect of the statutory approvals and legal compliances of the project, including verification of approvals from the Ghaziabad Development Authority. With such assurance, OP-2 sanctioned and disbursed the home loan of Rs. 21,56,987 to OP-1 under a tripartite agreement executed between the parties. The loan was disbursed against equitable mortgage of the said flat which, according to the complainant, was accepted by OP-2 after due verification, including acknowledgment of the document titled “Permission to Mortgage” dated 09.12.2013, issued by OP-1. It was contended that the total sale consideration for the flat was Rs. 35,87,890 and of this amount, the complainant had paid a sum of Rs. 26,95,170 to OP-1 in various instalments, and that possession of the flat was assured to be delivered by 30.12.2014. It was further contended that the construction of Tower “F” stopped beyond the 16 th Floor and that the construction of Tower “G” had not progressed beyond the ground floor. Whereafter, the complainant discovered that, at the time of booking of the Falt, OP- 1 did not have any approval from Ghaziabad Development Authority for construction of Towers “F” and “G”. According to the complainant, the conditional approval for construction of the said towers was granted by Ghaziabad Development Authority only on 18.01.2016, and the building plans were approved later on 01.02.2017, based on the assurance of OP-1 that the outstanding dues of the authority would be paid in instalments. However, upon failure of OP-1 to pay even a single instalment, the project was sealed on 26.12.2017 and remained sealed thereafter. Alleging fraud, misrepresentation, failure to obtain statutory approvals, and failure to deliver possession within the stipulated period, the complainant approached the State Commission, Lucknow, seeking appropriate reliefs against the OPs.
7. Upon service of notice, OPs filed their written versions, wherein OP-1 admitted allotment of the subject flat in favour of the Complainant as well as the receipt of amounts deposited towards the said allotment. While denying the other averments made in the complaint. It was pleaded that OP-1 had not made any specific commitment to hand over possession within
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