IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 05.07.2017 Date of Hearing: 18.07.2024 Date of Decision: 20.01.2025 COMPLAINT CASE NO. - 1127/2017 IN THE MATTER OF MR. ASHISH GUPTA, R/o 28/23, BLOCK 28, 2^nd FLOOR, WEST PATEL NAGAR, NEW DELHI – 110008.

(Through: PSP Legal, Advocates & Solicitors)

…Complainant VERSUS M/S OMAXE LIMITED, 7, LOCAL SHOPPING CENTRE, KALKAJEE, NEW DELHI – 110019.

ALSO AT:

SHOP NO. 19-B, FIRST FLOOR, OMAXE CELEBRATION MALL SOHNA ROAD, GURGAON, HARYANA – 122001.

(Through: Mr. Harish Kumar Garg, Advocate)

…Opposite Party CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Complainant in person along with Ms. Raveena Pariker, Counsel for the Complainant (Email:

Raveenaparikerpsplegal@gmail.com).

Mr. Harish Kumar Garg, Counsel for the Opposite Party (Email:

hkgarg.oo@gmail.com)

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT

JUDGMENT

1. The present complaint has been filed by the Complainant before this Commission under section 17 read with section 12(a) of the Consumer Protection Act, 1986 alleging deficiency of service on the part of Opposite Party and has prayed for the following relief:

i. Direct the Opposite Party for an immediate 100% refund of the total amount of INR. 55,30,915/- (Rupees Fifty Five Lakhs Thirty Thousand Nine Hundred and Fifteen only) paid by the Complainant, alongwith a penal interest of 18% per annum from August, 2012 i.e. the date of the receipt of the payment made to the Opposite Party.

ii. Direct the Opposite Party to pay compensation of Rs. 5,00,000/-

(Rupees Five Lakhs only) to the Complainant for mental agony, harassment, discomfort and undue hardships caused to the Complainant as a result of the above acts and omissions on the part of the Opposite Party.

iii. Direct the Opposite Party to pay a sum of Rs. 5,70,000/- (Rupees Five Lakhs Seventy Thousand only) to the Complainant towards the House Rent.

iv. Direct the Opposite Party o pay a sum of Rs. 1,00,000/- (Rupees One Lakh only) to the Complainant as a whole, towards litigation costs.

v. That any other and further relief in favor of the Complainant 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 on

03.08.2012, the Complainant has booked a Unit bearing no. 99 on 3^rd floor having super area of 1820 sq. ft. in the project of the Opposite Party namely “Omaxe North Avenue - II” situated at Bahadurgarh, Haryana. Subsequently, the Flat Buyer Agreement was executed between the parties on 18.01.2013 wherein as per clause 33(a) of the agreement, the construction of the project was to be completed within 18 months from the date of signing of agreement excluding the grace period of 6 months. Hence, the project was to be completed by March, 2015. Further after the execution of the Flat Buyer’s Agreement, the Complainant got the said unit transferred in his name by paying the due consideration to the initial allottee and the Opposite Party issued No Objection Letter to the Complainants on 11.02.2013. Additionally, the Complainant obtained a Home Loan for timely payment of the installments raised by the Opposite Party from Dewan Housing finance Corporation Ltd. by executing a Tripartite Agreement dated 06.04.2013 for an amount of Rs. 30,79,000/-. Later, on 22.01.2015, the Complainant received an email of the Opposite Party two months prior to the “Commitment Period”, informing that they have changed the layout plan of the said project and subsequently issued a final demand letter for the unit area of 1926 sq. ft. The Complainant paid the entire amount of the Unit in question i.e. Rs.55,30,915/- on 19.02.2015 as and when demanded by the Opposite Party. The Complainant informed the Opposite Party through an email with photos of the unit on 05.01.2015 about the incompletion of the allotted Unit as the Unit was not habitable condition due to broken an