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04.12.2025IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI RESERVED ON : 03.11.2025 PRONOUNCED ON : 04.12.2025NMLKJIHGFEDCBA SECOND APPEAL NO. 349 OF 2025 (Against the Order dated 25.03.2025 in Appeal No.480/2022 of the Haryana State Commission, Panchkula)

WITH IA/7762-7763/2025, IA/11026/2025 (Condonation of delay, Exemption from dim documents, C/d)

Mona Arora Appellant (s)

r/o A-112, The Blaire DLF-5, Sector-54, Gurugram Haryana Versus M/s S.S. Group Pvt. Ltd. Respondent(s)

4th Floor, The Plaza, M G Road Gurugram-122002 Also at

77, SS House, Sector 44, Gurugram Haryana-122003 BEFORE:

HON'BLE DR. INDER JIT SINGH, PRESIDING MEMBER HON’BLE DR. JUSTICE SUDHIR KUMAR JAIN, MEMBER For the Appellant(s) Mr. Bhavook Chauhan, Advocate Mr. Tushar Yadav, Advocate Mr. Prithvi Singh Narula, Advocate For the Respondent(s) Mr.Pravin Bahadur, Advocate Mr. Aditya Singh, Advocate Ms. Kavya Uppal, Advocate DR. INDER JIT SINGH, PRESIDING MEMBER SA/349/2025 "Page 1 of 21 IhgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA ORDERNMLKJIHGFEDCBA

1. The present Second Appeal (SA) has been filed by the Appellant against the Respondent as detailed above, under section 51 (2) of Consumer Protection Act 2019, against the order dated 25.03.2025 of the State Consumer Disputes Redressal Commission Haryana (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No. 480 of 2022 in which order dated 21.07.2022 of Gurgaon District Consumer Disputes Redressal Commission (hereinafter referred to as District Commission) in Consumer Complaint (CC) no. 527 of 2020 was challenged, inter alia praying for:-

a. Setting aside the order dated 25.03.2025 of the state Commission b. Directing the respondent / Developer to pay interest at the rate of 18% p.a. to the Appellant on the principal amount of Rs.50,36,473/- from the date of its deposit with the Respondent / Developer c. Directing the respondent Developer to pay an amount of Rs.5,00,000/-

to the Appellant on account of mental agony and harassment.

2. While the Appellant (s) (hereinafter also referred to as Complainant) was Appellant before the State Commission and Complainant before the District Commission, the Respondent was Respondent before the State Commission and Opposite Party before the District Commission. For sake of convenience, parties will also be referred to as they were arrayed before District Commission.

“Page 2 of 23 SA/349/2025 NMLKJIHGFEDCBA F

3. Notice was issued to the Opposite Party on 01.7.2025. Parties filed Written Arguments/Synopsis on 02.09.2025 ( Complainant) and 29.10.2025 (

Opposite Party) respectively.

4. Brief facts of the case as presented by the Complainant and as emerged from the SA, Order of the State Commission, Order of the District Commission and other case records are that complainant booked a flat with the opposite party and paid the booking amount of Rs.6,77,348/-. Thereafter, allotment letter was issued to her by the OP. Complainant entered into buyer agreement with the OP for allotment of residential flat No. IB, 1st Floor, Building No.1 in the project of the OP ‘The Leaf at SS Society, located at Sector.84-85, Gurugram. The total consideration of the flat was agreed to be Rs. 1,67,86,200/-. The Buyer Agreement was executed between the parties on 27.10.2014. The complainant paid Rs.54,16,522 till date. As per clause 8 of the agreement, the possession was to be delivered within 36 months and three months grace period to the Opposite Party ( in all 39 months) from the date of signing of the Flat Buyer Agreement i.e. till 25.01.2018 but OP failed to fulfil its promise of delivering the flat on time. Complainant sent several emails dated 23.06.2017, 06.09.2017, 31.10.2017, 06.02.2018, 11.04.2018, 24.11.2018 and 16.08.2018 with regard to flat in question. The OP also raised the demands for payments vide various emails. As per the buyer agreement, neither the possession has been granted to her nor any satisfactory or convincing reply was giv