IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 22.03.2017 Date of reserving the order: 15.01.2026 Date of Decision: 16.01.2026 COMPLAINT CASE NO.-549/2017 IN THE MATTER OF MR. AVNISH MALHOTRA S/O MR. KASHMIRI LAL MALHOTRA R/O MALHOTRA COTTAGE, DHINGU MANDIR ROAD, SHANJULI, SHIMLA, HP - 171006 (Through: Mr. S.C. Duggal &

Ms. Koplin K Kandhari, Advocates)

…Complainant VERSUS SELENE CONSTRUCTIONS LTD. AT: F-60, MALHOTRA BUILDING, 2ND FLOOR, CONNAUGHT PLACE, NEW DELHI 110001 ALSO AT: 448-451, INDIABULLS HOUSE, UDYOG VIHAR PHASE-V, GURGAON, HARYANA-122001 (Through: Mr. Vikrant Pachnanda, Advocate)

…Opposite Party CORAM:

HON‟BLE JUSTICE SANGITA DHINGRA SHEGAL, PRESIDENT HON‟BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: None for the Complainant None for the OP.

PER: HON‟BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

JUDGMENT

1. Brief facts of the case are that the Complainant came to know through property dealers that the Opposite Party was going to construct ultra-modern flats under its project, namely, „Centrum Park‟ at Sector 103, Gurgaon, Haryana. The Complainant was told that the project was under progress and the flats would be ready for occupation within 30 months plus six months grace period. Thus, the Complainant had booked the flat bearing no. 092, 9th Floor, Block-K1 in the aforesaid project of the Opposite Party and paid a sum of Rs.17,42,000 to the Opposite Party (Rs.1,00,000 through RTGS on 25.09.2012, Rs.5,00,000 through RTGS on 17.11.2012, Rs. 5,00,000 through cheque no. 310553 dated 20.11.2012 and Rs.6,42,000 through cheque no. 310555 dated 7.12.2012. Thereafter, the ‘Flat Buyers Agreement’ dated 13.12.2012 was executed between the parties for the flat bearing no. 092, 9^th Floor, Block-K1 admeasuring 2000 sq. ft. super area in the aforesaid project of the Opposite Party. The total sale price of the flat was Rs.1,06,50,000/- plus all mandatory charges mentioned in the clause 6 of Agreement. As per clause 21 of Agreement, the construction was to be completed by the Opposite Party within a period of three years plus six months grace period from the date of execution of Flat Buyers Agreement and subject to timely payment by the buyers. The Complainant opted for ‘Subvention Scheme’ according to which the 80% cost of the flat was paid by loan amount from India Bulls Housing Finance. Accordingly, the Tripartite Agreement dated 24.12.2012 was executed between Complainant, Opposite Party and India Bulls Housing Finance (IBHF). The loan amount was to be repaid by the Complainant in 30 monthly installments.

2. It is the case of Complainant that after detailed discussion with the Opposite Party and expiry of loan repayment period, he paid first EMI of Rs.1,00,944/- to the IBHF vide cheque no. 623203 dated 21.08.2015 drawn on Canara Bank. Thereafter, in August 2015, he visited the project site, and was shocked to see that the construction work was just started and it would take further two- three years for completion. Thereafter, he made request to the concerned officials of the Opposite Party to increase the period of the Subvention Plan till the building was ready for possession as there was inordinate delay on the part of Opposite Party. On several occasions, he also requested the Opposite Party via phone, SMS and email etc. for amicable settlement on the issue of inordinate delay in construction. The Complainant sent the e- mails dated 31.08.2015, 03.09.2015, 11.09.2015, 17.09.2015 & 23.09.2015, respectively to the Opposite Party. But, there was no response from the side of Opposite Party. Thus, he sent the letter dated 23.09.2015 to the Opposite Party through registered post.

But, the Opposite Party did not reply to the same.

3. It is the further case of Complainant that when he did not receive any communication from the Opposite Party, he was constrained to make a personal visit to the office of Opposite Party at Gurgaon on 03.12.2015 all the way from Mohali, and made several requests to meet some senior offi