IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Admission: 03.01.2018 Date of hearing: 27.11.2025 Date of Decision: 01.12.2025 COMPLAINT CASE NO.- 1985/2017 IN THE MATTER OF MR. SANJAY RANA R/o-G- 602, RASHMI APPARTMENTS, HARSH VIHAR, PITAMPURA DELHI- 110034 (Through: Mr.Sagar Shivam Jaiswal , Advocate)

…Complainant VERSUS PARSVNATH BUILDER LTD.

THROUGH ITS CHAIRMN/MANAGING DIRECTOR, 6^TH FLOOR ARUNCHAL BULIDING

19, BARAKHAMBA ROAD, NEW DELHI-110001 ALSO AT:

PARSVNATH METRO TOWER, NEAR SHAHDARA METRO STATION SHAHADARA, DELHI- 110032 (Through: KNM & Partners, Law Offices)

…Opposite Party CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: Mr. Sagar S. Jaiswal, Counsel for the complainant appeared through VC.

Mr. T. P. Chauhan, Ms. Tanvi Garg and Ms. Shambhani Singh, Counsel for the OP (Email :tgarg@knm.in)

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

JUDGMENT

1. The present complaint has been filed by the Complainant before this commission alleging deficiency of service on the part of Opposite Party and has prayed the following reliefs:

(A) Pass an order directing the respondent / opposite party to hand over the possession of the flat bearing no. T-10/1101, Greater Noida, U.P. to the complainant, and / or, (B) Award a sum of Rs.18,98,552/- (Rupees Eighteen Lakhs Ninety eight thousand five hundred fifty two only) alongwith an interest @ 24% p.a. from the date of booking till the realization of the amount, and / or, (C) Award a sum of Rs.5,00,000/-towards the damages for loss suffered by the complainant on account of non delivery of the aforesaid flat, and /or, (D) Award a sum of Rs.20,00,000/- as compensation towards the harassment and mental agony suffered by the complainant, and / or, (E) award cost of the present proceedings in favour of the complainant which this Hon'ble Commission may deem fit and proper, and / or, (F) Pass such other or further order as this Hon'ble Commission may deems fit and proper in the facts and circumstances of the case in favour of the complainant and against the opposite parties.

2. Brief facts necessary for the adjudication of the present matter are that on 02.05.2006, the Complainant booked a flat in the project “Parsvnath Privilege” of the Opposite Party, situated at Greater Noida, Uttar Pradesh by paying a booking amount of Rs. 10,00,000/-. The Opposite Party vide allotment letter dated 23.02.2007, allotted flat bearing no. T-10/1101 with a super area of 1855 sq. ft. for a basic sale price of Rs. 52,86,750/-. Thereafter, a Flat Buyer Agreement dated 16.06.2007 was executed between the parties. As per Clause 10(a) of the said Agreement, the Opposite Party was required to complete the construction of the flat within 36 months from the date of commencement of construction of the particular block in which the flat is located. However, till date, the Opposite Party has neither completed the construction of the said flat nor handed over possession to the Complainant. Furthermore, the construction of the said project has been extremely slow and presently the progress at the site has come to a standstill. The Complainant made several communications regarding the status of construction and possession but the Opposite Party failed to provide any satisfactory response.

3. The Complainant had opted for the construction-linked payment plan and paid a total amount of Rs. 18,98,592/- as and when demanded by the Opposite Party. However, the Opposite Party never disclosed the actual status of construction nor apprised the Complainant of the progress at the site. The Complainant also served a legal notice dated 22.09.2017 upon the Opposite Party seeking either possession of the flat or in the alternative; refund of the amount deposited along with interest but was of no avail.

4. The Opposite Party has contested the present case and raised preliminary objections as to the maintainability of the complaint case. The counsel of the Opposite Part