IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 26.06.2024 Date of Hearing: 26.11.2024 Date of Decision: 13.01.2025 FIRST APPEAL NO. 440/2024 IN THE MATTER OF

1. SUNRISE ESTATE MANAGEMENT SERVICES, (A DIVISION OF GEO- CONNECT LTD.)

110, INDRA PRAKASH BUILDING

21, BARAKHAMBA ROAD, NEW DELHI- 110001

2. M/S ANSAL HOUSING & CONSTRUCTION LTD.

REGD. H.O. 15, UGF, INDRA PRAKASH

21, BARAKHAMBA ROAD NEW DELHI-110001 …….APPELLANTS (Through: Dharitry Phookan & Lanatula Karanur, Advocates)

VERSUS MAJOR GEN SUSHIL KUMAR NANDA S/O. LATE SHRI M.L. NANDA R/O I-25, JANGPURA EXTEN., NEW DELHI - 110091 …….RESPONDENT (Through: Mr. Amit Shrivastva, Advocate)

CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Ms. Amrita, counsel for the Appellants. Mr. Amit Shrivastva, counsel for the respondent.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“The brief facts as borne out from the record of this complaint case are tha the Complainant is the occupant/allottee/transferee of a flat in the Golf Link project of the Opposite party no.1. Photocopy of the original allotment letter dated 17/10/1997 in the name of Mrs. Amrita Bhalla & Harbir Singh Bhalla is placed on record of this case. The allotment was later on transferred in the name of the complainant and his wife i.e. Mrs. Deepika Nanda in the month of August/2006 vide Letter of endorsement by the original allottee through Ansal Housing & Construction Ltd dated 10/08/20106 and to this effect, the Complainant & his wife became allottee of the said dwelling unit. A copy of the Transfer and Acknowledgement dated 10/08/2006 is also placed on record of this case. It is submitted by the complainant that opposite party no.1 for and on behalf of the Opposite Party no.2 as per their indoor management and understanding or under certain agreement between them provides Watch & Ward and Common maintenance services to all the dwellings of the occupants and use to charge for the aforesaid services.It is alleged that since 2010 till date no actual maintenances were ever provided by the opposite party no.1 and have been raising bills without any services. The complainant has placed on record a photographs taken by the complainant of his dwelling house i.e. AD-171 on January, 2017 which according to complainant shows that since the date of construction or even prior to it no maintenance has been provided which amounts to Deficiency in services coupled with un-fair trade practices. Despite protest, Complainant has been paying various amounts to the Opposite Party no.1. The Complainant has been paying charges to the opposite party and till date complainant has paid through cheque a total of Rs. 51,196/- (Rupees Fifty One Thousand One Hundred and Ninety Six Only). The details as given in the complaint are reproduced hereunder:-

given in the complaint are reproduced hereunder:-

given in the complaint are reproduced hereunder:-

given in the complaint are reproduced hereunder:-

given in the complaint are reproduced hereunder:-

given in the complaint are reproduced hereunder:-

given in the complaint are reproduced hereunder:-

The complainant states that vide letter dated 14/03/2016 opposite party No. 2 informed the Complainant to obtain NOC from the Opposite Party No.1 with regard to no dues and informed that only after placing NOC from the OP No.1, other formalities with respect to registration of Lease deed in favour of the Complainant will be performed. The complainant has been compelled to pay the unreasonable and non- sustainable maintenance charges in the back drop of the fact that no services are being provided to the dwelling of the Complainant. Further, it is stated that vide letter/Bill dated 31/03/2016 the opposite party no.1 called upon the Complainant to pay huge amount of Rs. 5,73,770/- towards Common Maintenance charges & Holding charges which according to