STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTAR PRADESH CONSUMER COMPLAINT NO. SC/9/CC/104/2022 Kishan Chandra Keshawani PRESENT ADDRESS - Sarva Palli Mall Avenue LucknowNCDRC,UTTAR PRADESH.

.......Complainant(s)

Versus Paarth Infrabuild Pvt. Ltd. & Other PRESENT ADDRESS - Gomti Nagar LucknowNCDRC,UTTAR PRADESH.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. SUSHIL KUMAR , OFFICIATING PRESIDENT HON'BLE MR. VIKAS SAXENA , JUDICIAL MEMBER FOR THE COMPLAINANT:

Kishan Chandra Keshawani, In-Person FOR THE OPPOSITE PARTY:

Paarth Infrabuild Pvt. Ltd. & Other, In-Person DATED: INVALID DATETIME

ORDER

Oral State Consumer Disputes Redressal Commission U.P., Lucknow.

Complaint No. 104 of 2022 Kishan Chandra Kesarwani (Senior Citizen), aged about 81 years, S/o Late Ram Gopal Kesarwani, R/o House no.2-A, Sarva Palli, Mall Avenue, Lucknow. ...Complainant Versus rd

1- Paarth Infrabuild Pvt. Ltd., 3 Floor, Eldeco Corporate Tower, Vibhuti Khand, Gomti Nagar, Lucknow. PIN 226010 through its Authorized Signatory.

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2- M/s ABC Infrapromotoers (P) Ltd., 12 Floor, Summit Building, Vibhuti Khand, Gomti Nagar, Lucknow through its Authorized Signatory.

…Opposite Parties Present:-

Hon’ble Mr. Sushil Kumar, Officiating President.

Hon’ble Mr. Vikas Saxena, Member.

Sri Vikas Agarwal, Advocate for complainants.

Ms. Gursimran Kaur, Advocate for OP no.3.

None for the OP no.1.

Date 11.3.2025

JUDGMENT

Per Mr. Vikas Saxena, Member:- This complaint has been filed against the opposite parties for the following reliefs:-

i. Direct the Opposite parties to handover the Flat in question after obtaining OC/CC from competent authorities within a reasonable period preferably with six months and in the event of non delivery of possession within reasonable time period the complainants are entitled for refund a sum of Rs.63,98,953.00 alongwiht interest @24% p.a. from the date of deposits upto the date of actual payment.

ii. Direct the opposite parties to pay a sum of Rs.10,00,000.00 as compensation towards unfair contract as defined u/s 2(46) of the Consumer Protection Act.

iii. Direct the opposite parties to pay a sum of Rs.1,00,000.00 as damages for committing deficiency in service.

iv. Direct the opposite parties to pay a sum of Rs.1,00,000.00 as compensation for unfair trade practice.

v. Allow the complaint and direct the opposite parties to pay a sum of Rs.50,000.00 towards cost of the case.

vi. Any other order which this Hon’ble Commission may deem fit and proper in the circumstances of the case may also be passed.

As per the case of the complainant, the complainant booked a Flat on

8.07.2014 after paying a sum of Rs.3,00,000.00 as Advance Registration charges and thereafter as per demand of the opposite parties the complainant further paid a sum of Rs.2,89,652.00 on 29.04.2015, Rs.3,00,000.00 on 25.05.2015, Ra.3,13,740.00 on 25.05.2015, Rs.6,19,929.00 on 2.07.2015 totaling a sum of Rs.18,23,321.00 from 8.07.2014 to 2.07.2015 while the opposite parties issued the Allotment Letter after one year from the date of Booking which amounts to Unfair Trade Practice. It is also stated that on 3.07.2015 the opposite parties issued an Allotment Letter/Buyer Agreement in favour of the complainant and as per the Allotment Letter/Buyer Agreement the OPs allotted a 3BHK Unit No.1004, Block Surya B, Floor- 10th, having Super Area 1665 Sq. Ft. and the total sale price of the Flat/Unit in question was Rs.63,69,627.00. As per Clause

18(g) of the Allotment Letter/ Buyer Agreement dated 3.07.2015 the construction of the Flat is likely to be completed within the period of 36 months with a grace period of 6 months i.e. within a period of 42 months as such the possession of the Flat / Unit in question was due on 2.01.2019.

It is also stated that as per Clause 17(e) of the Allotment Letter/Buyer Agreement dated 3.07.2015 the Company i.e. the Builder/Opposite Parties in case of delay in payment by the allottees, may condone the delay by charging penal interest @18% p.a. for up to three month delay from the due date of pa