IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 16.02.2019 Date of Hearing: 18.09.2024 Date of Decision: 13.01.2025 COMPLAINT CASE NO. 168/2019 IN THE MATTER OF MR. SUDIPTO MUNDLE, S/O MR. ANIL KUMAR MUNDLE, AGED 70 YEARS, R/O C-380, SECOND FLOOR, DEFENCE COLONY, NEW DELHI-110024.

(Through: Ms. Tanya Agarwal and Mr. Gaurav Kalra, Advocates)

…Complainant VERSUS CAPITAL INFRAPROJECTS PVT. LTD., THROUGH ITS DIRECTOR, HAVING OFFICE AT 313-315, VIKAS DEEP BUILDING, DISTRICT CENTER, LAXMI NAGAR, NEW DELHI-110092.

(Through: Mr. Kaushtubh Bhardwaj and Mr. Ajay Sejwal, Advocates)

…Opposite Party CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Ms. Tanya Agarwal and Mr. Gaurav Kalra, Advocates on behalf of the Complainant.

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

JUDGMENT

1. The present Complaint has been filed before this Commission under Section 17 read with Section 18 of the Consumer Protection Act, 1986, by the Complainant alleging deficiency in service on the part of the Opposite Party and has prayed for the following reliefs:

“a. Direct the Opposite Party for an immediate 100% refund of the total amount paid by the Complainant, along with a penal interest of 24% per annum from the date of receipt of payments made to the Opposite Party;

b. Direct the Opposite Party to pay compensation of Rs.

10,00,000/- (Rupees Ten Lakhs Only) to the Complainant for mental agony, harassment, discomfort, financial loss and undue hardships caused to the Complainant as a result of the above acts and omissions on the part of the Opposite Party;

c. Direct the Opposite Party to pay a sum of Rs. 1,00,000/- (Rupees One Lakh Only) to the Complainant towards litigation costs;

d. Pass any other order and/or further relief in favour of the Complainants as the Hon'ble Commission may deem fit and proper in the fact and circumstances of the case.’’

2. Brief facts necessary for the adjudication of the present complaint are that the Complainant, on 01.04.2014 booked Apartment No. 1901 in Tower K, First Phase of the project "IITL Nimbus The Golden Palms" measuring 1085 sq. ft., promoted by the Opposite Party (Capital InfraProjects Pvt. Ltd.), located in Sector 168, Noida, Uttar Pradesh. An allotment letter dated 30.04.2014 with the terms and conditions was issued to the Complainant. As per the said letter, the possession of the apartment was scheduled to be delivered by March 2015, with an extension period of 6 months up to September 2015. The Opposite Party failed to adhere to the promised timeline and continued to collect payments from the Complainant without any major progress in the construction of the project. The offer of possession was delayed by 4 years. Despite repeated reminders and letters, the Opposite Party did not respond promptly and failed to complete the construction of the apartment as per the agreed specifications and the floor plan. Instead, the Opposite Party demanded the Complainant to take possession of an uninhabitable and incomplete apartment. There are various deficiencies in the apartment, including the absence of basic fittings such as Chrome Plated (CP) fittings and chinaware in the bathrooms, electrical wiring, painting work, wooden flooring, kitchen fittings, and door locks, among others. Moreover, the common areas such as the lift shafts, fire safety systems, clubhouse, and landscaping of the central green area also remain incomplete. Despite making timely payments totaling a significant portion of the sale consideration, the Opposite Party has failed to honour its obligations under the Agreement. Additionally, when the Complainant sought a refund of the amount paid along with interest and compensation, the Opposite Party refused and continued to act in a negligent and unfair manner.

3. The Complainant has submitted that he paid the registration amount of Rs. 6,00,000/- (Rupees Six Lakhs), and an additional Rs.23,89,821/- (Rupees Twenty-Three Lakhs