IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 29.03.2022 Date of hearing: 22.02.2024 Date of Decision: 24.04.2024 COMPLAINT CASE NO.- 54/2022 IN THE MATTER OF TRIBHUVAN SAHU S/O JIVARCHAN LAL SAHU AT: HOUSE NO. 96, MAIN ASHOK ENCLAVE, SECTOR 35, FARIDABAD, HARYANA – 121003.

(Through: Nitin Goel and Mayank Goel, Advocates)

…Complainant VERSUS

1. SHREE VARDHMAN DEVELOPER PVT LTD AT: 301-311, 3^RD FLOOR, INDRAPRAKASH BUILDING, 21 BARAKHAMBA ROAD NEW DELHI – 110001. .... Opposite Party No. 1

2. STATE BANK OF INDIA AT: NARAINA, RACPC BLOCK A, NARAINA VIHAR, NARAINA NEW DELHI- 110028 ALSO, AT: SARB KAROL BAGH ARYA SAMAJ ROAD NEW DELHI- 110005 …Opposite Party No. 2 CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Mayank Goel, counsel for complainant None for the OP no.1 and 2.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The present complaint has been filed by the complainant before this commission alleging deficiency of service and unfair trade practice on the part of opposite party and has prayed the following reliefs:

a) Pass an order thereby canceling the allotment agreement dated 15.05.2019 and builder buyer agreement dated 25.05.2019 and thereby directing the opposite party no.1 to cancel the allotment of unit allotted to complainant i.e., bearing unit no. 802, 8th Floor, Tower no. B2, in the project namely "Shree Vardhman Gardenia located at Sector 10, Sonepat, Haryana.

b) Directing the opposite party no. 1 to refund a sum of Rs.

12,30,000 along with 18% interest to the complainant paid by the complainant to the opposite party no. 1 on account of booking of unit no. 802, 8th Floor, Tower no. B2, in the project namely "Shree Vardhman Gardenia"

located at Sector 10, Sonepat, Haryana.

c) Directing the opposite party no. 1 to refund a sum of Rs.

45,29,707/- along with all past, present, and future interest, charges, etc. to the opposite party no. 2 directly on account of the housing loan of the complainant of the flat in question.

d) Directing the opposite party no. 2 to not to claim/charge any sum of the loan, EMI, interest other charges from the complainant and to claim the same from opposite party no. 1 directly.

e) Directing the Opposite party no.1 to refund a sum of Rs.

48,450/- to the complainant charged by OP No.2 from complainant on account of insurance.

f) Directing the Opposite party no.1 to refund a sum of Rs.1,52,576 to the complainant paid by complainant to OP No.2 on account of EMI’s.

g) Directing the Opposite party no.1 to refund a sum of Rs.12,744/- to the complainant charged by OP No.2 from complainant on account of cheque bounce and EMI Bounce charges which was levied and deducted from the account of the complainant.

h) Directing the opposite party no. 1 & 2 to pay the complainants a sum of Rs. 2,50,00,000/- (Rs. Two Crore Fifty Lakhs Only) as compensation for the mental agony and harassment suffered by the complainant due to nefarious and dubious activities of the Opposite Parties.

i) Directing the opposite party no. 1 to pay Rs. 1,00,000/-

(Rs. One Lakh Only) as the litigation charges and Rs. 3,000/- (Rs. Three Thousand Only) as per hearing charges.

j) Directing the opposite party no. 2 to correct the CIBIL score of the complainant.

2. Brief facts necessary for the adjudication of the present complaint are that the Complainant booked a flat in the project namely “Shree Vardhman Gardenia” of the Opposite Party no.1 situated at Sector 10, Sonipat, Haryana. Subsequently, the Opposite Party no.1, via an allotment letter dated 15.05.2019, allotted flat bearing no. B2/802 in the aforesaid project. Thereafter, a Builder Buyer Agreement was executed between the parties on 25.05.2019, and Opposite Party no.1 assured to hand over the possession of the said flat by 2019. The Complainant paid the total amount of Rs. 12,30,000/- to Opposite Party no.1 by 27.06.2019 as demanded. Subsequently, the Opposite Party no.1 introduced Opposite P