IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 21.01.2020 Date of Hearing: 18.12.2025 Date of Decision: 27.01.2026 COMPLAINT CASE NO- 40/2020 IN THE MATTER OF MR. RAJENDER SINGH CHAUHAN, S/O MR. RAM LAL, R/O D-280, NAWADA HOUSING COMPLEX, KAKROLA MORE, NEW DELHI – 110059.

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(Through: G. L. X. Law Officers)

…Complainant VERSUS M/S PARSVNATH DEVELOPERS LTD., THOURGH ITS DIRECTOR, REGISTERED & CORPORATE OFFICE AT:

6^TH FLOOR, ARUNACHAL BUILDING, 19- BARAKHAMBA ROAD, NEW DELHI – 110001.

(Through: KNM & Partners, Law Offices)

…Opposite Party CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

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

Present: Mr. Arush Dogra, Counsel for the complainant appeared through VC Mr. T. P. Chauhan and Ms. Tanvi Garg, Counsel for the OP (Email: tgarg@knm.in)

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

JUDGMENT

1. The present complaint has been filed by the Complainant before this commission alleging deficiency of service and unfair trade practice by the Opposite Party and has prayed the following reliefs:

A. To hand over the possession of the flat to the complainant as soon as possible.

B. Direct the OP to receive the balance sale consideration of the flat at the rate fixed in the builder buy agreement, after deduction of the penalty, compensation and litigation expenses (as prayed in the present complaint).

C. Opposite Party be directed to pay an amount of Rs.6,28,300/- to the complainant for the period of delay in offering possession @ of Rs.5.00 per sq.ft. of the Super Built-up area 1220 Sq. Ft. of the Flat per month.

D. an amount of Rs. 10,00,000/- towards compensation for loss and injury suffered by the complainant on account of deprivation, harassment and mental agony caused by OP for loss of reputation of the complainant;

E. an amount of Rs. 30,000 P.M. towards the rent from the period of January 2014 to till the realization of the present complaint;

F. Opposite Party further directed to pay an amount of Rs.1, 00,000/- towards the litigation expenses of the present complaint.

G. Pass such further and other appropriate order or orders as may be deemed fit and proper, in the circumstances of the present case.

2. The brief facts necessary for the adjudication of the present complaint are the Complainant vide application form dated 10.07.2011 booked a flat bearing no. B‑193/S in the project “Parsvnath Elite Floors” at Dharuhera, Haryana, by paying an amount of Rs. 2,42,800/- to the Opposite Party. A Flat Buyer Agreement dated 06.08.2011 was executed between the parties with respect to the said flat for the basic price of Rs.24,40,000 but the Opposite Party gave a discount of 3% to the Complainant, resulting in a total basic price of Rs.23,66,800/-. Moreover, the Complainant opted for the construction-linked payment plan. As per this plan, the second installment was to be paid within 45 days of booking. Accordingly, the Complainant paid Rs.2,42,760/- as the second installment. Thereafter, the Opposite Party was required to demand subsequent installments at the stage of commencement of construction and upon completion of the project. However, no communication or demand letter was issued to the Complainant by the Opposite Party from 27.08.2011 to December 2013.

3. As per the agreement, the construction of the said flat was to be completed by June 2013 but the Opposite Party delayed it indefinitely. Consequently, the Complainant had to arrange rented accommodation. The Complainant also vide letter dated 07.01.2013 enquired about the construction status. The Opposite Party in response to the said letter stated that the project had been adversely affected by the global economic meltdown of 2008 and assured that construction and possession timelines would be rescheduled.

4. The Complainant again wrote on 13.02.2014 seeking an update upon the construction. However, the Complainant shocked to receive a letter dated 07.05.2014 from the opposite party expressing its inability to commen