IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 10.04.2018 Date of hearing: 23.08.2022 Date of Decision: 10.10.2022 COMPLAINT CASE NO.- 432/2018 IN THE MATTER OF

1. MR. RAJEEV DAHIYA S/O MR. RAJ PAL DAHIYA

2. MS. MANJU DAHIYA, W/O MR. RAJEEV DAHIYA BOTH AT:

R/O H. NO. 101/A, AHOK MOHALLA, NANGLOI, DELHI-110041 (Through: Mr. Vijay Malik, Advocate)

…Complainants VERSUS

1. M/S SHREE VARDHMAN DEVELOPERS PVT. LTD.

2. MR. SANDEEP JAIN MANAGING DIRECTOR, M/S SHREE VARDHMAN DEVELOPERS PVT. LTD

3. MR. SACHIN JAIN, MANAGING DIRECTOR, M/S SHREE VARDHMAN DEVELOPERS PVT. LTD ALL HAVING THEIR OFFICE AT:

301-11, 3^RD FLOOR, INDRA PRAKASH BUILDING, 21, BARAKHAMBA ROAD, NEW DELHI-110001 (Through: Ms. Minakshi Jyoti, Advocate)

…Opposite Parties CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: None for the parties.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

JUDGMENT

1. The present complaint has been filed by the Complainants before this Commission alleging deficiency of service and unfair trade practice by the Opposite Parties and has prayed the following:

a) The respondents may kindly be directed to handover the possession of flat No. C-3/801 at Shree Vardhman Gardenia, Sector-10, Sonepat, Haryana.

b) To adjust Rs.1,03,320/- (Rupees One Lac Three Thousand Three Hundred and Twenty Only) towards interest @24% p.a. for Rs.4,30,500/-, which was used by the respondents for one year, without starting the construction.

c) To adjust Rs.3,61,625/- (RupeesThree Lacs Sixty One Thousand Six Hundred and Twenty Five Only) towards delay of 55 months in handing over the possession of flats @ 1315 X 5 x 55 = Rs.3,61,625/- (Rupees Three Lacs Sixty One Thousand Six Hundred and Twenty Five Only).

d) To adjust Rs.1,03,425/- towards EDC & IDC and to adjust Rs.69,002.40/- towards CGST + SGST, which complainants are asked to pay because of delay on the part of the respondents.

e) To direct the respondents to provide the complainants, the working layout of the building to calculate actual super area.

f) To pay Rs.1,00,000/- (Rupees One Lacs Only) as compensation on account of mental tension, agony, harassment etc. and to pay a sum of Rs.55,000/- as litigation charges.

g) Any other relief which this Hon’ble Court may deem fit and proper also be awarded to the complainants and against the respondents, in the facts and circumstances of the case and in the interest of justice.

2. Brief facts necessary for the adjudication of the present complaint are that on 29.09.2009, the Complainants booked a flat bearing no. C-3/801 with the Opposite Parties in the project ‘Shree Vardhman Garderia’ situated at Sector-10, Sonepat, Haryana for a basic sale price of Rs.14,35,000/-. Thereafter, a Flat Buyer Agreement was executed between the parties on 22.01.2010. As per Clause 10(a) of the Flat Buyer Agreement dated 22.01.2010, the Opposite Parties had to complete the construction of the said flat within 42 months from the date of execution of the said Agreement. However, till 2012, there was no satisfactory construction done by the Opposite Parties as mentioned in the said Agreement. Till date the Complainants made a total payment of Rs.15,10,250/- as and when demanded by the Opposite Parties. Thereafter, the exaggerated amount was demanded by the Opposite Parties.

3. The Complainants received a possession cum demand letter dated

12.10.2017, where the Opposite Parties have raised a demand of Rs.8,96,680/- to clear the final outstanding amount with respect to enhanced EDC/IDC charges, Stamp Duty, maintenance charges, etc. Aggrieved by this, the Complainants sought clarification from the Opposite Parties but no satisfactory reply has been provided by the Opposite Parties.

4. The Complainants also sent a legal notice dated 10.11.2017, to the Opposite Parties, requesting to withdraw illegal demands and to pay compensation alongwith interest for the delay in handing over the possession of the said flat but was of no avai