IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 08.06.2017 Date of Hearing: 01.12.2025 Date of Decision: 27.01.2026 COMPLAINT CASE NO- 1046/2017 IN THE MATTER OF

1. MR. GAGAN BAGHEL, S/O MR. BRIJENDRA SINGH BAGHEL, 2. MRS. MANJU BAGHEL, W/O MR. BRIJENDR SINGH BAGHEL, BOTH R/O 7, JAWAHAR NAGAR, BYE PASS ROAD, KHANDARI, AGRA – 282002.

.

(Through: Mr. Vikrant Arora, Advocate)

…Complainants VERSUS M/S G.S. PROMOTERS PVT. LTD., THOURGH ITS MD/DIRECTOR/

PRINCIPAL OFFICE, HAVING ITS REGD. OFFICE AT:

SIKKA HOUSE, C-60, PREET VIHAR, VIKAS MARG DELHI – 110092.

(Through: Mr. Sudeep Kumar Shrotriya, Advocate)

…Opposite Party CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE) Present: Mr. Vikrant Arora, counsel for the Complainants.

Mr. Yovraj Sardhana, counsel for the OP appeared through Vc.

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 Party and has prayed the following reliefs:

1. Pass an award directing opposite party/Respondent to handover the possession of the flat in question i.e. flat/unit bearing no. Flat No. 402 Peace B on 4th Floor, 3 BHK, measuring about 1510 sq. ft. super area (approx.) in SIKKA KARMIC GREEN, situated at Plot No.-1/C, Sector 78, Noida, UP;

2. Or in the alternative refund the deposited amount to the Complainants as mentioned above in para no.13 along with pendent lite interest @ 18% p.a. till the date of payment/refund i.e. Rs. 90,07,130/- (Rupees ninety lacs seven thousand and one hundred thirty only) ;

3. ⁠Pass an award in the sum of Rs.5 lacs being the amount of compensation on account of financial loss, physical and mental harassment to the Complainants;

4. Award a cost of litigation in the sum of Rs.35,000/-

in favour of the complainant and against the opposite party.

5. Pass such other and further order as this Hon'ble court may deems fit in interest of justice.

2. The brief facts necessary for the adjudication of the present complaint are that the Complainants booked a residential flat 3 BHK flat bearing No. 402 on the 4th floor, measuring 1510 sq. ft. in the project “Sikka Karmic Green” of the Opposite Party, situated at Plot No. 1/C, Sector-78, Noida, U.P., by paying an amount of Rs.6,92,714/-. Thereafter, the Opposite Party vide Flat Allotment Agreement dated 15.01.2015 was executed between the parties for the said flat for the total basic sale price of Rs. 69,27,130/-. As per clause 26 of the said agreement, the Opposite Party was to complete the construction of the said flat within 20 months from the date of the agreement. However, the Opposite Party failed to complete the construction within the specified period of 20 months.

3. Thereafter, the Complainants paid a total amount of Rs.62,34,720/-

to the Opposite Party as and when demanded, up to 28.02.2016. Accordingly, the Opposite Party vide offer of possession for fit-out letter dated 28.03.2016, demanded the last instalment, which was duly paid by the Complainants but the Opposite Party has failed to hand over possession to the Complainants till date. The Complainants made several communications regarding possession but no satisfactory response was received.

4. Moreover, the Complainants later came to know that the Opposite Party had failed to obtain the occupation certificate till date as the construction of the said project/flat was incomplete. As a result, the Complainants issued a legal notice dated 23.01.2017 seeking possession of the said flat or, in the alternative, refund of the amount deposited by them along with interest but the Opposite Party merely replied to the said notice by shifting the entire blame upon the Complainants, instead of handing over possession of the flat. Thus the Complainants approach this commission alleging deficiency in services on the part of the Opposite Party.

5. The Opposite Party