IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 01.07.2015 Date of Hearing: 30.05.2025 Date of Decision: 31.07.2025 COMPLAINT CASE NO.- 424/2015 IN THE MATTER OF 1) AMITABH SAHAI S/O MR. AJAY SAHAI

2) ASTHA SAHAI D/O MR. AJAY SAHAI BOTH R/O-14/140, VASUNDHARA, GHAZIABAD, UTTAR PRADESH (Through: Mr. Ajay Sahai, Advocate)

…Complainant VERSUS M/S TECHMAN BUILDWELL PVT LTD.

G-1354, UGF, CITRANJAN PARK, NEW DELHI-19 (Through: Mr. Balram, Advocate)

…Opposite Party CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Ms. Saloni Dwary and Mr. Ajay Sahai, Counsel for the complainant (Enrl. No.D/1880/2019, Mobile:

9582076753, Email: info@aualegal.com)

Mr. Balram and Mr. Puneet Kumar, Counsel for the OP (Mobile: 9315595676.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

JUDGMENT

1. The present complaint has been filed by the Complainants before this commission alleging deficiency of service and unfair trade practice by the Opposite Party and have prayed the following:

1) Delivery of possession of Flat, without any further delay.

2) Reimbursement of House Rent of 42 Months @ Rs. 15,000/- since Dec. 2011 i.e. Rs. 7,20,000/-(Rs. Seven Lac & Twenty Thousand only till date).

3) All the necessary Legal Documents of property, including Documents of Property, which proves that Super Area of the Flat was increased by 103 Sq. Ft.

Mandatory Permissions from various Authorities.

4) Rs. 1,80,553/- which the opp. Party illegally charged towards Increased in Super Area.

5) Complainant's Car parking be allowed inside the complex.

6) Service Tax of Rs. 95,000/- deducted from Complainant (Complainant was ready to provide full money against possession) due Deficiency of Opp.

Party.

7) Interest @ 18% till Delayed possession.

8) Mental agony, Damages & Compensation amounting to Rs. 3 (Three) Lac.

9) Expenses of Rs. 11,000/- for sending Legal Notice. Further Legal expenses of Rs. 40,000/- for filing &

contesting this case (Total Rs. 51,000/-).

2. Brief facts necessary for the adjudication of the present complaint are that on 10.05.2010, the Complainants booked a 3 BHK Flat No. A-806 admeasuring area of 1275 Sq. Ft. or 118.45 Sq. M. on 8th floor, in "Tower A" in the project "Moti Residency" for total consideration of Rs. 22,50,000/- under No. E.M.I./Interest scheme till possession. Thereafter, a flat buyer agreement was executed between the parties on 18.05.2010 wherein the Opposite Party had to offer possession of the said flat, complete in all respects, to the Complainant within 24 months from the date of the allotment letter. However, till date the possession of the said flat has not been given by the Opposite Party. The Complainants have further submitted that the Opposite Party changed the car parking from optional to mandatory at the time of issuing the allotment letter, which is contrary to the terms agreed at the time of original booking. Secondly, the Complainant has submitted that the Opposite Party has increased the super area of the flat and has raised undue demands for the same. Thirdly, it is submitted that the complainant over the time had paid a sum of Rs. 24,70,000/- to the Opposite Party as and when demanded by it. Fourthly, it is submitted that the Complainant was constrained to bear the additional burden of rent on account of the failure of the Opposite Party to hand over the possession in time. Lastly, it is submitted that the Opposite Party wrongly imposed service tax on the Complainant for wrongful gains. Aggrieved by the aforesaid conduct of the Opposite Party, the Complainant has preferred the present Complaint.

3. The Opposite Party has filed the written statement and has submitted therein that the letter dated 03.02.2014 states that as per the measurements of the flat made by the Complainant, there is a negligible increase of 94.9959 Sq. Ft. in the super area, which can be ignored. Secondly, it is submitted that service tax was imposed not by the Opposite Party but by