IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION AT NEW DELHI CONSUMER COMPLAINT NO. 13 OF 2011LKJIHGFEDCBA ORCHID GARDENS RESIDENTS WELFARE ASSOCIATION (SUNCITY)

Orchid Gardens, Suncity, Sector-54, Gurgaon, Haryana Through its Vice President Mr. S. S. Bassi ... Complainant Versus

1. M/S VIPUL LIMITED Through its Managing Director Vipul Tech Square, Golf Course Road Sector - 43, Gurgaon, Haryana 'l Having its Registered Office at Vasant Square Mall, Sector - B, Pocket-5, Vasant Kunj, New Delhi

2. M/S VIPUL FACILITY MANAGEMENT PRIVATE LIMITED Through its Managing Director Having its Office at Vipul Tech Square, Golf Course Road, Sector-43, Gurgaon, Haryana

3. M/S SUNCITY PROJECTS PRIVATE LIMITED Through its Managing Director N-49, First Floor, Cannaught Place, New Delhi-110 001 ... Opposite Parties BEFORE:

HON'BLE MR. JUSTICE A. P. SAHI, PRESIDENT HON'BLE MR. BHARATKUMAR PANDYA, MEMBER I Appeared at the time of ArgumentsLKJIHGFEDCBA For the Complainant : Mr. Sunil Mund, Advocate Mr. Vikas Tomar, Advocate Mr. Vedant Mund, Advocate For the Opposite Party No.l : Mr. A. N. Haksar, Senior Advocate Ms. Rashmi Virmani, Advocate Mr. Krishan Tewary, Advocate For the Opposite Party No.-2 : Mr. Navin Kr. Jha, Advocate For the Opposite Party No.-3 : Mr. Praveen Bahadur, Advocate Pronounced on 17th December, 2025

ORDER

A. P. SAHL J (PRESIDENT)

1. This Complaint is a flat buyer dispute about deficiencies in services alleged against the Developer regarding the flats and apartments of residents at Orchid Gardens (Suncity) Sector - 54, Gurugram. The Association has instituted this Complaint on behalf of its Members and the flat owners. The project has been developed by Opposite Party No.-l, M/s Vipul Infrastructure Developers Private Limited.

2. A sample flat buyer agreement dated 18.11.2002 relating to one of the flat owners Mr. Rishu Aggarwal has been filed as Annexure C-4 which explains the inter-se status of the Opposite Parties. Opposite Party No.-2 is the facility provider for maintenance and Opposite Party No.-3, M/s Suncity is under an agreement with Opposite Party No.-l along with its associate companies who have entered into an agreement on 15.04.2002 for the development of the project. One of the Associate Companies of M/s Suncity Projects, Opposite Party No.-3 is M/s Uddar Gagan Properties that has a licence from the Director Town and Country Planning, Haryana for the development of this residential colony. These facts are being mentioned in order to clear the deck of proper and necessary array of parties that is described in detail in Clause A and Clause B of the preamble of the Flat Buyer Agreement that is extracted herein under:

"A Whereas IMHG/sFE VDCioBuA! Infrastructure Developers Pvt. Ltd. (hereinafter referred to as VIDPL) a/ongwith M/s Bhudeep Builders & Exporters Pvt. Ltd. Both compOanies incorporated under the Companies Act, 1956 having their respective registered offices at 28, Community Centre, Saket, New Deihi-110 017 entered into an Agreement dated 15/04/2002 with M/s Suncitv Projects Limited, and its associate companies namely M/s Uddar Gaoan Properties Pvt. Ltd., M/s Uddar Trees Growing Pvt. Ltd., M/s Sharad Farms & Holdings Pvt. Ltd., M/s Dhir Constructors & Builders Pvt. Ltd., M/s North Delhi OH Seeds Plantation Pvt. Ltd, M/s Sonika Properties Pvt. Ltd., M/s Haryana Orchards Pvt. Ltd., all having their Registered Office at B-10, Lawrence Road Industrial Area, New Delhi-110035, for purchase of 536652 sq. ft. of FAR (corresponding to an area of 7.04 acres) out of total 9.04 acres in Suncity (revenue village of Haiderpur Viran), Sector-54, District Gurgaon, Haryana.

B. Whereas M/s Uddar Gagan Properties Pvt. Ltd., M/s Uddar Trees Growing Pvt. Ltd., M/s Sharad Farms & Holdings Pvt. Ltd., M/s Dhir Constructors & Builders Pvt. Ltd., M/s North Delhi OH Seeds Plantation Pvt. Ltd., M/s Sonika Properties Pvt. Ltd., M/s Haryana Orchards Pvt. Ltd. Have received licenses dated 3/7/1998 bearing Nos. 89 of1998, 90 of 1998, 91 of 19