IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 13.09.2023 Date of hearing: 17.01.2025 Date of Decision: 14.02.2025 FIRST APPEAL NO. 471/2023 IN THE MATTER OF GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY PLOT NO. 1, SECTOR – KNOWLEDGE PARK IV GREATER NOIDA CITY, GREATER NOIDA, DISTRICT – GAUTAM BUDDH NAGAR, (U.P.).

(Through: Ms. Geetanjali Setia, Advocate)

…Appellant VERSUS MR. B.S. CHAUHAN (DECEASED THROUGH LR’S)

1. ALKA SINGH W/o LATE SH. B.S. CHAUHAN, R/o 4290/3, ANSARI ROAD, NEW DELHI – 110002.

2. RUPENDRA SINGH CHAUHAN S/o LATE SH. B.S. CHAUHAN, R/o 4290/3, ANSARI ROAD, NEW DELHI – 110002.

3. NANDINI CHAUHAN D/o LATE SH. B.S. CHAUHAN, R/o 4290/3, ANSARI ROAD, NEW DELHI – 110002.

(Through: Mr. Avadesh Kumar, Advocate)

…Respondents CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE J.P. AGRAWAL, MEMBER (GENERAL)

Present: None for the Appellant.

Mr. Avadhesh Kumar, counsel for the Respondent.

(Enrl No. D.5666/2018, Mob. 8650844303)

(Email: avdhesh941124@gmail.com)

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 was filed under Section 35, of The Consumer Protection Act, 2019 by the complainant, Sh. Bhupinder Singh Chauhan, against Greater Noida Industrial Development Authority, herein after as ‘GNIDA’ (OP).

During the pendency of the complaint, the complainant expired. An application was filed on behalf of the LRs of the complainant for bringing them on record. The said application was disposed off as allowed vide order dated 08/12/2021 and amended memo of parties was taken on record.

1. Briefly stated the facts of the present complaint are that, the complainant had applied for allotment of flat in residential scheme BHS-17 at Sector Omicron -I & Omicron-IA at Greater Noida, District Gautam Budh Nagar, U.P, which was widely published in newspapers by OP.

2. Residential flat bearing No.908, 9^th floor, Tower-I, admeasuring 83.38 sq mtrs. in Sector Omicron-IA, Greater Noida, District Gautam Budh Nagar, UP vide allotment-cum- allocation letter No. Prop./BHS/17/1987 dated 29/01/2014 was allotted to the complainant.

3. The complainant availed Housing loan from Bank of Baroda, Bhogal, New Delhi and paid all the instalments as and when demanded by the OP. It was stated by the complainant that total payment of Rs. 47,97,937/- was made to the OP and there were no outstanding dues. It was further averred by the complainant that as per Clause N of the Brochure, the possession of the residential flat was to be handed over within a period of 03 years from the date of issuance of allotment letter. As the allotment letter was issued on 29/01/2014, therefore, the possession should have been delivered on or before 28/01/2017. However, the possession had not been handed over by the OP till the institution of the complaint.

4. It was been also alleged that OP is charging interest @ 15% p.a. (compoundable quarterly) in case of default for the defaulted period from the allottees, where as there is no provision for compensation to the allottees in case of delay in delivery of possession. The complainant was aggrieved as he had availed housing loan from Bank of Baroda and was paying EMI and interest on one hand and was neither getting any compensation/interest nor possession of the flat allotted despite payment of 100 percent consideration.

5. Despite several visits at GNIDA office there was no response. An email dated 21/08/2020 was sent to the OP which was neither replied nor complied by the OP. As on the date of filing of the present complaint there was already delay of 03 years in handing over the possession by the OP. The complainant was prayed for directions to OP:

a) to pay a sum of Rs.26,65,034.89 to the complainant towards interest for the period of delayed possession up to 28/01/2020 on a principle sum of Rs.47,97,937.00 already paid by the allottee/complainant to the promoter @15% p.a. with quarter