IN THE DELHI STATE CONSUMER DISPUTESREDRESSAL COMMISSION Date of Institution: 28.03.2022 Date of hearing: 13.12.2024 Date of Decision: 04.02.2025 FIRST APPEAL NO.-35/2022 IN THE MATTER OF

1. MR. SONU SINGH DALAL S/O MR. RANBIR SINGH DALAL, 2. MS. POONAM DALAL RZ-87, GALI NO.0, A-BLOCK, PREM NURSERY SCHOOL, GOPAL NAGAR, NAJAFGARH, SOUTH WEST, DELHI-110043 (Through: Mr. Anjan Sinha & Mr. Manoj Kumar, Advocate)

…Appellants VERSUS MR. MAHESH AGGARWAL S/O SH. C.B. AGGARWAL R/O HOUSE NO.402, VILLAGE CHHATTARPUR NEW DELHI-110074 (Through: Mr. Rahul Kumar, Advocate)

…Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI MEMBER (FEMALE)

Present: Mr. Anjan Sinha, counsel for the Appellant.

None 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 present complaint has been filed by the Complainants praying that the Builder/OP be directed to prepare documents pertaining to their flat and handover the documents duly signed by the builder to the complainants within a period of seven days. They have also prayed for exemplary fine to be imposed on the builder for his behavior unbecoming of a businessman and Rs.2000/-

towards mental torture, agony and Rs 2000/- towards the cost of the petition.

Facts leading to the filing of the complaint are that the complainants allege they have purchased one 3 BHK flat on first floor corner side without roof right measuring 120 square yards consisting of 3 bedrooms 1 drawing room, dining room, one kitchen, two toilets cum bathroom with right to use one car parking space and common parking area in built up property along with BSES regular electric connection with electric meter bearing No. A 369 forming part of khasra no. 259 situated in the revenue state of village Chattarpur now known as Maidangarhi, Chhattarpur Enclave, Phase 2, Tehsil Saket Delhi 74.

It is further the case of the complainant that the total sale consideration of Rs. 57,25,000/- has been paid and the OP had agreed to hand over the possession of the flat is March 2017. They have further stated that they have paid the total cost of the flat as agreed in agreement to sell and that the OP had assured them that the General Power of Attorney, Agreement to Sell, Will Affidavit, Receipt, Possession letter, Special Power of Attorney, Completion Certificate of the building and NOC for transfer of the BSES connection from builder's name to complainant's name would be executed.”

2. The District Commission after taking into consideration the material available on record passed the order dated 01.02.2022, whereby it held as under:

“It is the case of the complainants that they were on a foreign assignment to Switzerland from 2017 to February 2021 and when they returned, the builder has refused to execute any documents to the complainant. To support their case the complainants have filed copy of an under stamped, unregistered Agreement to Sell which also incorporates certain handwritten payments being made to some people.

Apart from this under stamped unregistered Agreement to Sell, the complainants have not produced any other document in support of their claim. There is no document which evidences payments being made to the builder, further there are no documents which evidence any foreign trip to Switzerland being made by either of the complainants.

The limitation period as prescribed by Section 69 under the 2019 Act for admission of a complaint by the consumer forum:

Limitation period (1) The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen (2) Notwithstanding anything contained in sub section (1), a complaint may be entertained after the period specified in sub-section 111, if the complainant satisfies the District Commission, the State Commission or the National Commission, as th