IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of institution: 14.07.2016 Date of hearing: 25.02.2025 Date of Decision: 26.03.2025 COMPLAINT CASE NO.- 761/2016 IN THE MATTER OF MS. ALKA GUPTA, W/O MR. VIJAY GUPTA, R/O 906, SECTOR-12, HUDA COLONY, PANIPAT, HARYANA – 132103.

(Through: Mr. Manoj Ranjan Sinha, Advocate)

…Complainant VERSUS M/S TASHEE LAND DEVELOPERS PVT.LTD., CORP. OFFICE: 51 A, 5^TH FLOOR, NARAIN MANZIL, 23, BARAKHAMBA ROAD, CONNAUGHT PLACE, NEW DELHI – 110001.

THROUGH ITS CHAIRMAN-CUM-MANAGER-

DIRECTOR.

(Through: Mr. Vikram Singh, Ms.

Navita Sharma, Mr. Sudhanshu Arya and Ms. Chinky Windwani, Advocates)

…Opposite Party CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

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

Present: Mr. Manoj, counsel for the complainant appeared on VC.

None for the Opposite Party PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

JUDGMENT

1. The present complaint has been filed by the Complainant before this Commission alleging deficiency of service by the Opposite Party and has prayed the following reliefs:

(i) direct the Opposite Party to refund the amount of Rs.23,79,075/- (Rupees twenty three lacs seventy nine thousand & seventy five only) to the complainant that is the amount deposited by the complainant with the opposite party for the purchase of the allotted flat;

(ii) direct the Opposite Party to pay to the complainant interest at the rate of 24% p.a. on Rs. 23,79,075/-, that is the amount deposited by the complainant with the opposite party for purchase of the flat;

(iii) direct the Opposite Party to pay an amount of Rs.

5,00,000/- to the complainant towards mental torture and harassment, etc.;

(iv) direct the Opposite Party to pay Rs. 1,00,000/- as costs of litigation to the complainant;

and / or (v) pass such other order or orders as this Hon'ble Commission may deem fit and proper in the facts and circumstances of the case.

2. The brief facts necessary for the adjudication of the present matter are that on 18.01.2011, Mr. Sunil Bhan booked a 3 BHK flat measuring 1695 sq. ft. at the rate of Rs. 3,350/- per sq. ft. in the project ‘Capital Gateway’ of the Opposite Party, situated in Sector-111, Gurgaon, Haryana.

Subsequently, Mr. Sunil Bhan paid an amount of Rs. 14,12,688/- for the said flat and the Opposite Party allotted Customer ID IF-0501 to Mr. Sunil. Thereafter, on 05.11.2011, Mr. Sunil Bhan and the Complainant applied for the transfer of the said flat including all rights and interests in favor of the Complainant and the same was acknowledged by the Complainant. Accordingly, the Complainant paid an amount of Rs. 14,12,688/- to Mr. Sunil Bhan and the Opposite Party, after acknowledging the payment, credited the said amount of Rs. 14,12,688/-

to the account of the Complainant.

3. Thereafter, the Opposite Party allotted Flat No. F/904 in Tower-F of the aforementioned project to the Complainant. The Complainant paid a total amount of Rs. 23,79,075/- to the Opposite Party as and when demanded. However, the Complainant was shocked to know that the Opposite Party arbitrarily changed the allotted tower from Tower-F to Tower-D. Since the Complainant had already deposited a substantial amount of money for the flat, she was forced to sign the Flat Buyer Agreement dated 08.12.2014, which mentioned Tower-D instead of Tower-F as initially allotted. The Complainant protested against arbitrary change of her allotment but the Opposite Party failed to address her grievance. The Complainant made several communication requesting the Opposite Party to resolve the issue but the Opposite Party threatened to cancel the allotment of the Complainant. Furthermore, the Opposite Party vide letter dated 22.01.2015, cancelled the allotment of the Complainant on frivolous grounds and informed her that she would receive a refund after a deduction of 15% of her earnest money. Aggrieved by the act of the Opposite Party, the Complainant approached this Commission, alleging deficiency in service on the par