STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Consumer Complaint No.34 of 2024 Date of Institution : 16.07.2024 Date of Reserve : 30.04.2025 Date of Decision : 19.05.2025 Dr.Jagtesh Singh Sidhu, S/o Jagrup Singh Sidhu, R/o H.No.154, Shastri Nagar, Lawrence Road Extension, Amritsar, Punjab.

.….Complainant Versus

1. M/s ATM Estate Pvt. Ltd., through its Director, Registered Office at 8/33, IInd Floor, Sat Bhravan School Marg, W.E.A., Karol Bagh New Delhi, 110005. Email ID:

works@atmestates.com.

2. Inderjit Sachdeva, Director, M/s ATM Estate Pvt. Ltd., 8/33, IInd Floor, Sat Bhravan School Marg, W.E.A., Karol Bagh New Delhi

110005.

Also at Site No.7, Plot No.11, New Rajinder Nagar, Central Delhi-110060. Email ID: Salescrm@atmestates.com.

3. Kapil Sachdeva, Director, M/s ATM Estate Pvt. Ltd., 8/33, IInd Floor, Sat Bhravan School Marg, W.E.A., Karol Bagh New Delhi-110005. Email ID: works@atmestates.com.

……Opposite parties Consumer Complaint under Section 47 (1) (a) (ii) read with Section 49 (2) of the Consumer Protection Act, 2019.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No Present :-

For the Complainant : Sh. Jatin Bansal, Advocate For the OPs : Ms. Ankita Malhotra, Advocate SIMARJOT KAUR, MEMBER The Complainant-Dr. Jagtesh Singh Sidhu has filed the present Complaint under Section 47 (i) (a) (ii) read with Section 49(2) of the Consumer Protection Act, 2019 (in short "the Act") against the OPs stating therein that the Complainant was in search of an accommodation with modern amenities in the city of Amritsar for his personal use. He was allured and enticed by the promises and assurances made by OPs in the Brochure (Ex.C-1) regarding their upcoming residential project namely 'Amritsar One' at Shubham Enclave, G.T. Road, Amritsar. The Complainant had applied for allotment of a 3 BHK apartment measuring approximately 1650 sq.ft. with for total paid-up value of Rs.37,12,500/- with OPs No.1-3 on 03.03.2011. He had deposited an amount of Rs.9,10,000/- with the OPs towards the price of said apartment on various dates, the details of which are as under:-

2. It has further been mentioned in the Complaint that the Allotment Letter dated 25.11.2012 (Ex.C-4) was issued to the Complainant for Unit No.25-C, Type-E, having super area of approximately 1650 sq.ft. on 2^nd Floor of said project was allotted to him. Inspite of the repeated assurances given by the OPs, the said project was delayed on one pretext or the other. The execution of the Buyer's Agreement was also delayed. Ultimately, the Flat Buyer's Agreement (Ex.C-5) (in short the agreement') was executed on 09.01.2013 between the OPs along with SRS Developers and the Complainant.

3. It has further been mentioned in the Complaint that Clauses 5(a), 8(d), 8(f), 15 and 20 of the Flat Buyer's Agreement dated 09.01.2013 are unfair, biased and totally in favour of the OPs and as such the said agreement is liable to be set aside.

4. A Quadripartite Agreement (Ex.C-6) also was executed on 22.02.2013 between the OPs and Complainant as well as HDFC Ltd. for the loan amount of 28 lac, which was disbursed to OPs No.1-3 towards payment of balance sale price of the Unit. After availing the loan facility from HDFC Bank, the entire amount was duly disbursed to the OP developer. It has been averred that the Complainant had paid the entire sales consideration of Rs.37,12,500/- on time without any delay.

5. It has further been mentioned in the Complaint that as per Clause 8(d) of the Agreement, the possession of the Unit was to be handed over after a period of 36 months from the date of booking i.e. by April, 2014. In addition to the period of 36 months (3 years) for the possession of the said Unit. The OPs had also included the extension of a period of 6 months for the purpose o