IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 29.07.2013 Date of hearing: 27.05.2025 Date of Decision: 26.09.2025 COMPLAINT CASE NO. 445/2013 IN THE MATTER OF

1. MR SYED MOHAMMAD ALI, S/O MR. SAYED AIJAZ HASSAN, THROUGH HIS MOTHER AND POA HOLDER MRS. ASMA AIJAZ W/O MR. SAYED AIJAZ HASSAN, ALL:

R/O FLAT NO. 22-D, 6^TH FLOOR, TOWER – 1, ZAKIR BAGH, OKHLA ROAD, NEW DELHI-110025.

.... COMPLAINANT (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: None for the Complainant.

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. Complainant has 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, complete in all respects, to the Complainant;

b) direct the Respondent/Opposite Party to pay a sum of Rs. 25,00,000/- to the Complainant, as compensation on account of harassment, mental tension, agony suffered by the complainant;

c) direct the Respondent/Opposite Party to pay a sum of Rs. 11,66,400/- to the Complainant, being the monthly committed return due wef April, 2011, 2010, till June, 2013 with pendent lite and future interest @ 18% per annum;, d) direct the Respondent/Opposite Party to pay a sum of 43,200/- to the Complainant, as the monthly committed return, each month wef July 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. Complainant booked / purchased a total area 1000 sq.ft. on Fifth floor of the said project for a total sum of Rs. 31,85,000/- vide two MOU‟s dated 3rd July, 2008, each executed for a total area of 500 sq. ft. each for a total sum consideration of Rs. 15,92,500/- for self use to enable him to earn his livlihood. At the time of purchasing the said unit, the Complainant 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 Complainant is handed over to them the Respondent/Opposite party undertook to pay to the Complainant an amount of Rs. 43,200/- less TDS, each month to them as committed return, w.e.f. April, 2010 till date of possession/use/occupation. Accordingly, Complainant made a payment of Rs. 29,64,300/- to the opposite party and MOU‟s were executed between the parties.

3. Complainant vide letter dated 14.09.2010 was informed by the Opposite Party that project was complete and ready for occupation and on making the balance payment, a unit could be handed over to him. The Complainant then visited the office of the Resp