STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA FIRST APPEAL NO. SC/6/FA/1618/2025 (Against the Order dated 3rd September 2025 in Complaint No. DC/62/CC/1428/2024 of the District Consumer Disputes Redressal Commission Gurgaon)

WITH SC/6/IA/2928/2025 (STAY)

SC/6/IA/2929/2025 (EXEMPTION FROM DIM DOCUMENTS)

M/S ST. PATRICKS REALTY PVT. LTD.

PRESENT ADDRESS - D MEDIAN CENTRAL PARK RESORTS SOHNA RD SEC48GURUGRAM,HARYANA.

.......Appellant(s)

Versus SHALLU TYAGI & ORS.

PRESENT ADDRESS - R/O A-4, VIDYA VIHAR, UTTAM NAGAR, HASTSAL, NEW DELHI-

59WEST,DELHI. SURESH TYAGI PRESENT ADDRESS - R/O A-4, VIDYA VIHAR, UTTAM NAGAR, HASTSAL, NEW DELHI-

59WEST,DELHI.

.......Respondent(s)

BEFORE:

MR. S . P . SOOD , JUDICIAL MEMBER MR. SURESH CHANDER KAUSHIK , MEMBER FOR THE APPELLANT:

MR. VENKET RAO, COUNSEL FOR THE APPELLANT.

FOR THE RESPONDENT:

MR. SANJEEV GUPTA, COUNSEL FOR RESPONDENTS DATED: 06/02/2026

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA Date of Institution: 21.11.2025 Date of final hearing: 06.02.2026 Date of order: 06.02.2026 First Appeal No.1618 of 2025 IN THE MATTER OF:-

M/s St. Patricks Realty Pvt. Ltd., Through authorised representative, The Room, Central Park Resorts, Ground Floor, Sohna Road, Gurgaon, Haryana-122002, India.

...Appellant Versus

1. Ms. Shallu Tyagi W/o Suresh Yadav, 2. Mr. Suresh Yadav S/o Sh. Jagdamba Yadav Both residents of A-4, Vidya Vihar, Uttam Nagar, Hastsal, New Delhi-110059.

…..Respondents CORAM: SH. S.P. SOOD, JUDICIAL MEMBER SH. S.C. KAUSHIK, MEMBER Present:- Mr. Venket Rao, counsel for the appellant.

Mr. Sanjeev Gupta, counsel for respondents.

ORDER

PER: S.C. KAUSHIK, MEMBER In present appeal No.1618 of 2025; legality of order dated 03.09.2025 passed by learned District Consumer Disputes Redressal Commission, Gurgaon (In short “District Consumer Commission”) in complaint case No.1428 of 2024 has been assailed; vide which complainants’ complaint has been allowed.

2. Brief facts of the case are that complainants applied for a Plot in the project of OP vide application dated 26.06.2018. Plot No. 3 Block-B measuring 712 Sq. Yards was allotted to complainants for total sale price of Rs.3,81,43,112/-. Complainant paid Rs.40,00,000/- towards the booking amount as well as towards part payments, which had been duly encashed by the OP. Complainant contacted representative of OP who assured the complainant that by the passage of time, he would get the allotment letter with terms and conditions of payment. Complainant visited the site and found that no construction had been commenced. OP never informed the complainant that OP has received the occupation certification and without occupation certificate, OP had never asked complainant to pay the balance installments.

3. Upon notice, OP raised contest and submitted that Plot Buyer Agreement was executed on 24.06.2019 and registered vide vasika No. 2493. As per terms and conditions of the agreement, if complainants failed to make the payment of due amount till 14.02.2020, application will stand cancelled and the amount paid by them will be forfeited. Complainants never came forward to make the payment of the outstanding due against them. OP issued final notice via email dated 11.03.2020 and requested the complainants to make the payment, failing which OP will be constrained to cancel the allotment. Complainants ignored all the notices/reminders and did not make the payment of outstanding dues. Accordingly, OP sent cancellation of allotment letter dated 28.08.2020 vide email dated 29.08.2020 and forfeited the amount paid by the complainants, as per terms of agreement.

4. Parties led their respective evidence. On analyzing same; learned District Consumer Commission-Gurgaon has allowed the complaint vide impugned order dated 03.09.2025 and directed OP to refund Rs.40,00,000/- with interest @ 9% p.a. from the date of each deposit till its realization. OP has been further directed to pay Rs.2,00,000/- as compensation for mental pain, harassment and Rs.22,000/-

towards