IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 10.01.2019 Date of hearing: 13.10.2025 Date of Decision: 15.01.2026 COMPLAINT CASE NO.- 27/2019 IN THE MATTER OF MR. DAULAT RAM JAIN, B-1/24 FF HAUZ KHAS, NEW DEHI – 110016.

(Through: AUA Legal LLP)

…Complainant VERSUS

1. BPTP & OTHERS, M-11 MIDDLE CIRCLE, CONNAUGHT CIRCUS, NEW DELHI – 110001.

2. M/S BPTP LIMITED, C/O BPTP CREST, 3. MR. ANIL ARORA, C/O BPTP CREST, 4. MR. VINAY VARMA, C/O M/S BPTP LTD., 5. MR. RAJNEESH, C/O M/S BPTP, ALL RESIDING AT:

PLOT NO.15, UDYOG VIHAR, PHASE IV, GURGAON 122015.

[CPS Legal (Advocates & Solicitors)]

… Opposite Parties CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Complainant in person Ms. Saloni Dwary, Counsel for the complainant (Enrl. No.

D/ 1880/2019, Email: info@aualegal.com).

Mr. Mohit Yadav, Counsel for the OP (Enrl. No. D/7767/18, Email: info@cpslegal.in) appeared through VC. Mr. Lakshya Sharma, Counsel for the OP appeared physically PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The present complaint has been returned by the District Commission on

06.12.2018 on the ground of lack of pecuniary jurisdiction. The same has been filed by the Complainant before this Commission alleging deficiency in service and unfair trade practice on the part of the Opposite Parties and the Complainant has prayed for the following reliefs:

a) To restore the allotment of the flat allotted earlier by revoking the cancellation done by the opposite party vide letter dated 23.09.2011.

b) Pass interim order directing the opposite party to reserve a flat till the final disposal of the present complainant.

c) To kindly grant exemplary and suitable compensation by way of damages caused to the complainant for the delay in taking action and then cancellling the allotment thus committing breach of the service promised by BPTP.

d) Pass such other order (orders), direction as deemed fit in the facts and circumstances of the case.

2. The brief facts necessary for adjudication of the present case are that the Complainant entered into an Agreement to Sell dated 25.02.2008 with one Mr. Gaurav Mahajan for the purchase of a three-bedroom flat measuring 1600 sq. ft. in the residential project of the Opposite Parties situated at Sector-66, Gurgaon. The Complainant paid a sum of Rs.4,00,000/- to Mr. Gaurav Mahajan towards part consideration. Subsequently, Mr. Gaurav Mahajan vide Application Form dated 25.02.2008, requested the Opposite Parties to allot the said flat in the name of the Complainant. The officials of the Opposite Parties assured the Complainant that the formalities would be completed within two to three days. Thereafter, the Opposite Parties vide letter dated 21.06.2008, intimated that Flat No. F-502, measuring 1999 sq. ft., had been allotted to the Complainant and raised a demand of Rs.6,39,480/-. The Complainant was shocked by the increase in the area as well as the huge demand raised. Accordingly, the Complainant met Mr. Anil Arora of the Opposite Parties and raised objections in this regard. As a result, one of the official of the Opposite Parties i.e., Mr. Anil Arora offered the Complainant an option to shift to a lower category flat measuring 1485 sq. ft. The Complainant vide letter dated 27.06.2008, gave his consent for the said lower category flat. However, despite the same, the Complainant again received a demand letter dated 14.08.2008 demanding a sum of Rs.7,79,410/- despite the said request being pending. The Complainant immediately met Mr. Anil Arora as no desired action had been taken by the Opposite Parties despite the lapse of four months from the consent letter dated 27.06.2008. Subsequently, the Opposite Parties vide letter dated 11.09.2008, changed the allotment from Flat No. F-502 to Flat No. H-80 and raised a demand of Rs.4,76,150/-.

3. Thereafter, the Complainant received another demand letter dated

23.09.2008 demanding a sum of Rs.11,15,777/- towards the