STATE CONSUMER DISPUTES REDRESSAL COMMISSION CHANDIGARH CONSUMER COMPLAINT NO. SC/4/CC/94/2025 WITH SC/4/IA/217/2025 (INTERIM RELIEF)

DURGESH DALELA W/o. Parveen Kumar Saxena PRESENT ADDRESS - PANCHKULA PANCHKULA,HARYANA.

PRAKHAR SAXENA PRESENT ADDRESS - HARYANAPANCHKULA,HARYANA.

.......Complainant(s)

Versus SUKSHA DEVELOPERS PVT. LTD.

PRESENT ADDRESS - CHANDIGARHCHANDIGARH,CHANDIGARH. BINDER PAL MITTAL DIRECTOR SUKSHA DEVELOPERS PVT. LTD BUSINESS ADDRESS - CHANDIGARHCHANDIGARH,CHANDIGARH.

BHARAT MITTAL DIRECTOR SUKSHA DEVELOPERS PVT. LTD PRESENT ADDRESS - CHDCHANDIGARH,CHANDIGARH.

ICICI HOME FINANCE COMPANY LTD BUSINESS ADDRESS - MUMBAIMUMBAI,MAHARASHTRA.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI , PRESIDENT HON'BLE MR. PREETINDER SINGH , MEMBER FOR THE COMPLAINANT:

ARUN KUMAR & VARUN BHARDWAJ (Advocate)

DATED: 10/12/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH

1. Durgesh Dalela Aged 49 Years W/O Praveen Kumar Saxena. 2. Prakhar Saxena Aged 27 Years S/O Praveen Kumar Saxena.

Both Residents of House No. 83, Himshikha Colony, Near Gurudwara, Pinjore, District Panchkula-

134102.

……Complainants V e r s u s

1. Suksha Developers Private Limited Through Its Director/Authorized Signatory, Having Its Registered Office At B-107, First Floor, Business Complex at Elante Mall, Industrial Area-1, Chandigarh-160002.

Email - contact@sushmabuildtech

2. Binder Pal Mittal, Director, Suksha Developers Private Limited, Having Its Registered Office At B-107, First Floor, Business Complex at Elante Mall, Industrial Area-1, Chandigarh-160002.

3. Bharat Mittal, Director, Suksha Developers Private Limited, Having Its Registered Office At B-107, First Floor, Business Complex at Elante Mall, Industrial Area-1, Chandigarh-160002.

4. ICICI Home Finance Company Limited Through Its Authorized Officer, Having Its Registered Office At ICICI Bank Towers, Bandra-Kurla Complex, Mumbai - 400051.

Email - nodal.office@icicihfc.com …..Opposite parties BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT MR.PREETINDER SINGH, MEMBER Present:-

Sh. Varun Bhardwaj, Advocate, for the complainants.

Sh. Vishal Singal, Advocate, for the opposite parties No.1 to 3.

Sh. Nitin Thatai, Advocate, (on VC) & Ms. Monika Thatai, & Ms. Shruti Sharma, Advocates (present physically before this Commission) for the opposite party No. 4 JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT The facts in brief are that the Complainants were allotted Unit No. A1202 on the 12th Floor in the residential project “Sushma Belleza”, Zirakpur, Punjab, vide allotment letter dated 30.09.2023 (Annexure C-1) being developed by opposite parties No.1 to 3, under a Construction-Linked Payment Plan, for a total consideration of Rs. 1,99,98,500/-, and paid an earnest money deposit of Rs. 19,89,650/-. Prior to allotment, the Complainants and opposite parties No.1 to 3 finalized a subvention arrangement recorded in the “Final Deal Sheet – Residential” dated 15.09.2023 (Annexure C-2), whereby the Promoter undertook to pay pre-EMI interest up to 75% of the BSP until the offer of possession, which formed the primary inducement for the Complainants to avail a home loan of Rs. 1,36,69,600/- from Opposite Party No. 4. The Complainants and opposite parties No.1 to 3 executed an Agreement for Sale dated 05.10.2023(Annexure C-3), containing specific clauses confirming the Promoter’s responsibility to pay all outgoings and mortgage-related obligations before offering possession, and additionally entered into a Tripartite Agreement (Annexure C-5), at Chandigarh with Opposite Party No. 4 to give effect to the subvention structure. The Complainants promptly made all payments from their own resources as well as through disbursements from Opposite Party No. 4, amounting to Rs. 1,58,05,603/-, relying on the subvention commitment. Despite these obligations, opposite parties No.1 to 3 failed to service the pre-EMIs during the construction period, and in May 2024, requested the Complainants to pay the pre-EMIs on their be