IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 05.10.2020 Date of Hearing: 14.10.2025 Date of Decision: 05.01.2026 COMPLAINT NO. 234/2020 IN THE MATTER OF BALAMURGAN SHANMUGAM R/O. # D-14/32, GROUND FLOOR, DLF EXCLUSIVE FLOOR, PHASE V, GURGAON-122002.

(Through: A.R. Takkar, Amarjeet Kumar, Shriya Takkar &

Anav Mathur, Advocates)

…Complainant VERSUS

1. IREO GRACE REALTECH PVT. LTD., 5^TH FLOOR, ORCHIT CENTRE, GOLF COURSE ROAD, SECTOR-53.

GURGAON-122002.

2. PRECISION REALTORS PVT. LTD.

305, 3^RD FLOOR, KANCHAN HOUSE KARAMPURA COMMERCIAL COMPLEX, NEW DELHI – 110015 (Through: Sameer Chaudhary & Shakshi Kaushik, Advocate)

…Opposite Parties CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: MS. Avantika Thakur, Counsel for the Complainant Mr. Aamir Hussain, Counsel for the Opposite Parties.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT

JUDGMENT

1. The present Complaint has been filed by the Complainant before this Commission under Consumer Protection Act, 2019 alleging deficiency of service and unfair trade practices on the part of the Opposite Parties and have prayed for the following relief :-

i) Pass an order allowing the present Complaint and directing the Opposite Parties to refund the total amount deposited by the Complainant along with interest @ 24% P.A. from the date of payment till realization.

ii) Pass an order directing the Opposite Parties to pay the compensation to the complainant towards mental harassment and agony to the tune of Rs. 5,00,000/- Lakhs (Rupees Five Lakhs).

iii) Pass an order directing the Opposite Parties to pay the complainant Rs. 1,00,000/- (Rupees One lakhs) on account of cost of litigation.

iv) Pass an order directing the Opposite Parties to pay the complainant Rs. 10,00,000/- (Rupees Ten Lakhs) as compensation for deficiency in service and unfair trade practice.

v) Pass such other/further order/s as this Hon’ble Commission may deem fit and proper in the facts and circumstances of the present case.

vi) Pass any such or further orders as deemed fit and proper in the pecuniary facts and circumstances in favour of the Complainant/Petitioner in the interest of justice and fair play.

2. The brief facts necessary for the adjudication of the present complaint are that the Complainant vide application form dated 28.01.2013, applied for booking of a residential apartment in the project “The Corridor” situated at Sector 67A, Gurgaon, Haryana, by paying a sum of Rs. 15,00,000/- to the Opposite Parties. The Complainant opted for a construction-linked payment plan towards the said apartment. Subsequently, the Opposite Parties raised the second instalment, which was duly paid by the Complainant within time. After a lapse of approximately five months, the Opposite Parties vide allotment letter dated 07.08.2013 allotted Apartment No. CD-A7-09-002 on ninth floor, having a super area of 1920 sq. ft. However, the Complainant was shocked to note that the said allotment was not in accordance with the agreed terms as the Opposite Parties had charged additional costs including PLC and further increased the basic sale price from Rs. 8,750/- per sq. ft. to Rs. 9,100/- per sq. ft. Accordingly, the Complainant immediately raised objections to the said charges. As a result, the Opposite Parties gave an option to the Complainant to shift to a smaller unit without PLC charges. The Complainant was left with no option but to accept a smaller unit bearing No. C5-602 as he had already paid a substantial amount and under the apprehension that the deposited amount would be forfeited. Consequently, the Complainant requested the Opposite Parties to shift the allotment from Apartment No. CD-A7-09-002 to Apartment No. C5- 602. However, the Opposite Parties continued to raise demands linked to the commencement of excavation for Apartment No. CD-A7-09-002 despite the said request and assured the Complainant that the same would be adjusted later.

3. Thereafter, afte