STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTAR PRADESH CONSUMER COMPLAINT NO. SC/9/CC/25/2025 SMT. PREMA SINHA W/o. SHRI H.C. SINHA PERMANENT ADDRESS - FLAT NO-0203, TOWER 3 EXPERION CAPITAL , LUCKNOW , INDRA GANDHI PRATISHTAN VIBHUTI KHAND GOMTI NAGAR , LUCKNOW,UTTAR PRADESH.

.......Complainant(s)

Versus EXPERION HOSPITALITY PRIVATE LIMITED BUSINESS ADDRESS - PLOT NO-18, 2ND FLOOR, INSTITUTIONAL AREASECTOR-32 GURUGRAM , GURUGRAM,HARYANA.

CHICA LOCA BY SUNNY LEONE BUSINESS ADDRESS - 401, 4TH FLOOR, ULSHAN ONE29 PLOT NO. C-3 E-1SECTOR-129, NOIDA DADRI TEHSIL GAUTAM BUDDHA NAGAR , GAUTAM BUDDHA NAGAR,UTTAR PRADESH.

LUCKNOW DEVELOPMENT AUTHORITY BUSINESS ADDRESS - VIPIN KHAND GOMTI NAGAR LUCKNOW , LUCKNOW,UTTAR PRADESH.

EXPERION DEVELOPERS PVT LTD PRESENT ADDRESS - OFFICE NO-101,EXPERIO, PLOT NO. TCG 1/AV 6,TCG 1/AV 7 VIBHUTI KHAND GOMTI NAGAR LUCKNOW , LUCKNOW,UTTAR PRADESH.

BUSINESS ADDRESS - 8TH FLOOR, WING B,MILESTONE EXPERION CENTRESECTOR-15 GURGAON, HARYANA , GURUGRAM,HARYANA.

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

BEFORE:

HON'BLE MR. SUSHIL KUMAR , JUDICIAL MEMBER FOR THE COMPLAINANT:

SMT. PREMA SINHA W/o. SHRI H.C. SINHA, In-Person FOR THE OPPOSITE PARTY:

EXPERION DEVELOPERS PVT LTD, In-Person DATED: 23/05/2025

ORDER

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

Complaint No.25 of 2025

1- Smt. Prema Sinha, aged about 74 years W/o Shri H.C. Sinha, R/o Flat No. 0203, Tower 3, Experion Capital, Indra Gandhi Prathisthan, Vibhuti Khand, Gomti Nagar, Lucknow, Uttar Pradesh.

2- Shri H.C Sinha, aged about 78 years S/o Late Shri S.K. Sinha, Flat No. 0203, Tower 3, Experion Capital, Indra Gandhi Prathisthan, Vibhuti Khand, Gomti Nagar, Lucknow, Uttar Pradesh. …Complainants Versus

1- Experion Developers Pvt. Ltd., having its Registered office at 8th floor, Wing B, Milestone Experion Centre, Sector-15, Gurgaon, Haryana-122001, having its sales office at Office no.101, Experio, Plot No. TCG 1/AV 6, TCG 1/AV 7, Vibhuti Khand, Gomti Nagar, Lucknow-226010.

2- Experion Hospitality Private Limited, having its Corporate office at Plot No. 18, 2nd floor, Institutional Area, Sector- 32, Gurgram-122001.

3- Chica Loca by Sunny Leone, 401, 4th Floor, Gulshan One29, Plot No. C-3, E-1, Sector-129, Noida, Dadri Tehsil, Gautam Buddha Nagar.

4- Lucknow Development Authority, Vipin Khand, Gomti Nagar, Lucknow-226010(U.P.)…Opposite Parties Present:-

Hon’ble Mr. Sushil Kumar, Officiating President.

Hon’ble Smt. Sudha Upadhyay, Member Sri Manu Dixit, Advocate for complainants.

Sri Prashant Kumar, Advocate for opposite parties no.1 & 2. Sri Shreyas Kumar Agarwal, Advocate for opposite party no.4.

Date 23.5.2025

JUDGMENT

Per Mr. Sushil Kumar, Officiating President: This complaint has been filed against the opposite parties for a direction not to make alteration and deviation in the project against the sanctioned lay-out plan, direction to the opposite parties to provide adequate compensation for mental and physical agony Rs.5,00,000.00, for unfair trade practice Rs.5,00,000.00, for unfair trade contract Rs.5,00,000.00 and also seeks further direction to pay Rs.1,25,000.00 as litigation cost from the opposite parties.

As per the case of the complainants, a project in the name and style of Experion Capital was launched by the opposite parties no.1 & 2. The project was advertised as a new ultra luxurious project loaded with all modern facilities and services. The complainants inspected the documents i.e. map bearing permit no.41210 approved by the Lucknow Development Authority on 11.1.2017 which is annexure no.2 to the complaint, environment clearance (annexure 8 to the complaint) dated 12.12.2017, Fire NOC dated 2.10.2021 which was issued for residential purposes (annexure 7 to the complaint).

Agreement for sale was executed between the parties on 5.5.2022 (annexure 6 to the complaint). Clause B and D of the agreement runs as under:

“Clause B: “The said land is earmarked for the purposes of developing a mixed-use project (hereinafter referred to as “Experion Capital”) compr