IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 06.02.2023 Date of hearing: 04.09.2025 Date of Decision: 27.01.2026 COMPLAINT CASE NO.- 19/2023 IN THE MATTER OF

1. MR. R. SUNDARESAN, S/O MR. K. RAMAMURTHY

2. AADITHYAA, S/O MR. R. SUNDARESAN BOTH THE ABOVE AT:

F-10, CUSTOM FLATS, KAKA NAGAR, NEW DELHI – 110003.

(Through: Mr. A.B. Panday & Assocaites)

…Complainants VERSUS ARIHANT INFRRA REALTORS PVT. LTD., REGISTERED OFFICE AT:

601, 6^TH FLOOR, PLOT NO.-17, SACHDEVA TOWER, COMMUNITY CENTRE, KARKARDOOMA, DELHI – 110092.

(Through: IND-LEGAL, Advocates & Solicitors)

…Opposite Party CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. A.B. Pandey, Counsel for the complainant appeared through VC.

Mr. Sushant Shekhar, proxy counsel for Mr. Rakesh Sinha, and Mr. Jeemon Raju K. Counsel for the OP (Enrl. No.

D/4464/2022, Mobile: 9534622293).

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

JUDGMENT

1. The present complaint has been filed by the Complainants before this Commission alleging deficiency in service and unfair trade practices by the Opposite party and has prayed the following reliefs:

a) Execute and ensure registration of the necessary conveyance deed in respect of flat bearing no. A-203, Arihant Southwinds, Sector 41, Faridabad in the joint names of the complainants;

b) Refund to the complainants the aggregate amount of Rs.41,82,865/- (Rupees Forty One Lakhs, Eight Two Thousand, Eight Hundred and Sixty Five only) equivalent to interest @ 18% per annum, calculated for period till 31s January, 2023 upon each installment paid by the complainants from the date when the installment was paid by the complainants to the respondent as compensation till the execution of the conveyance deed in favour of the complainants in accordance with Clause 9.2 of the agreement;

c) Pay damages and compensate to the complainants the amount of Rs. 20 Lakhs for the fitment carried out by the complainants in the unit alongwith @18% per annum payable with effect till realization.

d) Pay to the complainants Rs. 2,50,000/- for the mental torture and agony caused to them.

e) An amount of Rs. 75,000/- (Rupees Seventy five thousand only) towards the aggregate legal expenses incurred and being incurred by the complainant.

Such other order/s as may be deemed fit in the circumstances, may also be passed.

2. The brief facts necessary for the adjudication of the present complaint are that the Complainants vide application form dated 04.12.2019, applied for the allotment of a residential apartment in the project namely “Arihant Southwinds” situated at Sector-41, Faridabad, Haryana. Accordingly, the Opposite Party allotted Apartment No. A-203 with carpet area of 116.78 sq. meters and a total area of 211.35 sq. meters along with the exclusive right to use two covered stilt car parking spaces in the common area for a total sale consideration of Rs.1,20,75,000/-. The Opposite Party assured the Complainants that possession of the said apartment would be handed over on or before August, 2020 stating that the structure of the building was already complete and only finishing work was pending. The Opposite Party further assured that the Builder Buyer Agreement would be executed shortly but the execution of the said agreement was deliberately delayed. In the meanwhile, the Opposite Party continued to raise demands towards installments, which were regularly paid by the Complainants to avoid levy of exorbitant delay interest. Thereafter, an Agreement to Sell dated 05.08.2021 was executed between the parties, after a delay of about 20 months from the date of allotment. However, the Complainants noted that the Opposite Party unilaterally extended the date of handing over possession to 31.12.2021 under Clause 7.1 of the said agreement. Moreover, the Complainants further noted that Clause 7.6 of the Agreement to Sell provides for compensation to the Complainants in case of any loss caused due to defective tit