IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 17.04.2013 Date of hearing: 27.05.2025 Date of Decision: 26.09.2025 COMPLAINT CASE NO. 214/2013 IN THE MATTER OF

1. MRS. KUSUM SINGH W/O MR. SURYA PAL SINGH, AND

2. MR. SAGAR SINGH, S/O MR. SURYA PAL SINGH, BOTH R/O 18/8, WEST PATEL NAGAR, NEW DELHI-110008. .... COMPLAINANTS (Through: Mr. Varun Kathuria, Advocate)

VERSUS ARN INFRASTRUCTURES INDIA PVT. LTD., THROUGH ITS CHAIRMAN/MANAGING DIRECTOR, 9, BIRLA HOUSE, ARYA SAMAJ ROAD, KAROL BAGH, NEW DELHI-110005.

.... OPPOSITE PARTY (Through: Mr. Vivek Singh & Ms. Eesha Shonak, Advocate)

CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT HON’BLE MS. PINKI, MEMBER (JUDICIAL)

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

Present: Mr. Varun Kathuria, Counsel for the Complainant appeared through VC.

Mr. Ajay Lulla, Proxy Counsel for Mr. Vivek Singh, Counsel for the OP (Enrl. No. D/11431/2024, Mobile: 9810182555), Email:

lexalliance.vivek@gmail.com)

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

JUDGMENT

1. Complainants have filed the present complaint against the Opposite Party seeking following reliefs:

a) direct the Respondent/Opposite Party to handover vacant and peaceful possession of the site to the Complainants, complete in all respects;

b) direct the Respondent/Opposite Party to pay a sum of Rs.

15,00,000/- to the Complainants, as compensation on account of harassment, mental tension, agony suffered by the complainants;

c) direct the Respondent/Opposite Party to pay a sum of Rs.

6,55,200/- to the Complainants, being the monthly committed return due wef August, 2010, till March, 2013 with pendent lite and future interest @ 18% per annum;, d) direct the Respondent/Opposite Party to pay a sum of 20,475/-

each month to the Complainants, wef April 2013, pendent lite till date of handing over of possession of the unit complete in all respects/date of refund along with interest @ 18% per annum;

e) award costs of the present complaint in favour of the complainants and against the Respondent/Opposite Party;

f) pass such other or further orders, as this Hon‟ble Forum may deem fit and proper in the facts and circumstances of the case and in the interest of justice.

2. Brief facts necessary for the adjudication of the present complaint are that the opposite party is a Company in the Real Estate Industry and are engaged in the activities of developing, constructing and promoting a project called “The Globus”, on a piece of land measuring 15 acres at plot No. 22, Knowledge Part, Greater Noida, U.P. The jurisdiction of this Hon‟ble Forum has been invoked as the Respondent/Opposite Party has its Corporate and Registered Office at 9, Birla House, Arya Samaj Road, Karol Bagh, New Delhi-5, and is functioning from the said office. Complainants booked / purchased a total area 500 sq.ft. on the Sixth floor of the said project for a total sum of Rs. 12,75,000/- for their self use. At the time of purchasing the said unit, the Complainants were informed by the Respondent/Opposite Party that the entire complex would be ready and complete in all respects by March, 2010 and till the time the possession of the unit of the Complainants is handed over to them the Respondent/Opposite party undertook to pay to the Complainants an amount of Rs. 20,000/-, less TDS, each month to them as committed return, w.e.f. September, 2008 till the unit is ready for possession/use/occupation. Accordingly, complainants made a payment of Rs. 10,00,000/- to the opposite party and an MOU was executed between the parties on 17.09.2008.

3. Complainants have further stated that they received a letter of completion dated 31.08.2010, wherein the Respondent/Opposite Party informed them that the project was complete and ready for occupation.

The Complainants were asked to visit the office of the Respondent/Opposite Party for making the balance payment so their unit could be handed over to them. The Complainants then visited the office of the Respondent/Opposite Party and met M