NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI JUDGMENT PRONOUNCED ON: 10/12/2025 CONSUMER CASE NO. 287 OF 2013 Arunima Palace Residents Welfare Association (Regd.), Through its Secretary, Shri H. L. Bhandari, Plot No. GH-4, Sector-4, Vasundhara, Ghaziabad .........Complainant Versus

1.

M/s Tarunika Gaur Housing & Constructions Ltd., Ground Floor, Block -A, Arunima Palace, Plot No. GH-4, Sector-4, Vasundhara, Ghaziabad, U.P.

2. M/s. Tarunika Gaur Housing Construction Ltd., Flat No. A-409, Block-A, Arunima Palace, Plot No. GH-4, Sector-4, Vasundhara, Ghaziabad, U.P.

..........Opposite Parties BEFORE HON'BLE MR. JUSTICE A.P SAHI, PRESIDENT HON'BLE MR. BHARATKUMAR PANDYA, MEMBER For the Complainant Mr. Sunil Kumar, Advocate For the Opposite Party Mr. Karunesh Tandon, Advocate Mr. Abhishek Singh, Advocate Mr. Atul Kumar Singh, Advocate

JUDGEMENT

PER HON'BLE MR. BHARATKUMAR PANDYA, MEMBER

1.CBAHeard Mr. Sunil Kumar, Advocate for the Complainant and Mr. Karunesh Tandon, Advocate, for Opposite Parties. The present consumer complaint arises out of alleged deficiency in service and unfair trade practices committed by M/s Tarunika Gaur Housing & Construction Ltd. (hereinafter “OP”) in connection with the housing project Arunima Palace, situated at Plot No. GH-4, Sector-4, Vasundhara, Ghaziabad, U.P. The complainant, Arunima Palace Residents Welfare Association is a society registered under the Societies Registration Act, 1881, for safeguarding the interests of its members who are the residents and allottees of flats in the said project. Complainant has approximately 180 members, all of whom purchased flats in the project. Shri H.L. Bhandari, the Secretary of the Complainant Society, has been duly authorized under its bye-laws as well as through an Executive Body Resolution dated 10.08.2013 (Annexure P-1) to file this complaint. In 2007, OP builder widely advertised and launched the booking for its residential project, promising modern Page 1 of 32ZYXWVUTSRQPONMLKJIHGFEDCBA amenities, recreational facilities, green open spaces, and a healthy living environment. During 2007-2008, the members of the Complainant-society, lured by the attractive brochure and layout plan, booked their flats under various payment plans. It was represented that the project would consist of well-developed infrastructure, including a community centre, swimming pool, poolside restaurant, guest houses, health club, library, sports facilities, jogging tracks, children’s play area, and uninterrupted power and water supply. The OP got its layout plan sanctioned from U.P. Avas Vikas Parishad, and subsequently, on 25.02.2010, the compounded map was approved after payment of regularization charges. As per the sanctioned plan, the plot area measured 7,559.26 sq. mtrs. with an FAR of 1.5, and an additional 0.5 FAR was purchasable, bringing the total saleable area to 14,353.90 sq. mtrs. The building plan sanction as approved permitted construction of only 151 units, but the OP allegedly constructed 180 flats, thus breaching statutory norms. Despite handing over possession of flats during 2009-2010, OP failed to develop the promised amenities, did not complete statutory obligations such as obtaining completion certificate, and also engaged in unauthorized construction and encroachment on open areas, fire escape zones, and parking spaces.

2. Over the time, the residents and the complainant realized that the promises made in brochures and advertisements were not being fulfilled. The Complainant addressed multiple representations and grievances to the OP. A letter dated 21.12.2009 (Annexure P-6) was written to Mr. Sanjeev Gaur, the Managing Director of the OP, demanding completion of the community facilities. Similarly, a letter was sent to the District Magistrate, Ghaziabad, on 20.05.2011 (Annexure P-7), seeking intervention to ensure the completion of the pending works. In 2010, the residents formed the Arunima Palace Residents Welfare Association. On 06.08.2012, Complain