STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH (PRINCIPAL BENCH)

Consumer Complaint No. : 104 of 2025 Date of Institution : 30.10.2025 Date of Decision : 24.04.2026 Mr. Nitin Goyal S/o Mohan Lal Goyal R/o House No.1179, Sector 43-B, Chandigarh – 160043, Punjab …Complainant Versus

1] M/s SBL Builders Private Limited through Authorized Signatory, B-

107, First Floor, Business Complex at Elante Mall, Industrial Area, Phase-1, Chandigarh - 160001

2] Sh. Binderpal Mittal S/o Sh. Jagan Nath, Managing Director of M/s SBL Builders Pvt. Ltd., SCO No.172-173, First Floor, Sector 9-C, Madhya Marg, Chandigarh

3] Sh. Bharat Mittal, Director of M/s SBL Builders Pvt. Ltd., R/o House No.233, Sector-7, Panchkula – 134109

4] Sh. Parteek Mittal, Authorized Signatory of M/s SBL Builders Pvt.

Ltd., B-107, 1st Floor, Business Complex at Elante Mall, Industrial Area, Phase-1, Chandigarh

5] Sh. Anup K. Mahendra, Authorized Signatory of M/s SBL Builders Pvt. Ltd., B-107, 1st Floor, Business Complex at Elante Mall, Industrial Area, Phase-1, Chandigarh ..... Opposite Parties BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT MR. RAJESH K. ARYA, MEMBER ARGUED BY :-

Sh. Satyaveer Singh & Ms. Divyanshi Rathore, Advocates for the complainant Sh. Sanjeev Sharma, Advocate for the opposite parties PER RAJESH K. ARYA, MEMBER The grievance of the complainant in the instant complaint is that he booked Apartment/Unit No.A-602 on the 6th floor, Tower A, in the project “Sushma Grande NXT” situated at Village Gazipur, Zirakpur, District SAS Nagar, Punjab, for a total sale consideration of ₹65,83,500/- and initially paid an amount of ₹6,97,798/- alongwith the application form. A Unit Buyer’s Agreement was executed on 14.12.2017, Annexure A-2, between the parties. The said unit was booked under subvention scheme floated by the opposite parties, wherein, rest of the amount was to be financed through home loan and the opposite parties undertook to pay pre- EMI interest till the date of offer of possession. A tripartite agreement, Annexure A-3, was executed on 16.02.2018 between the complainant, the opposite party and the financing bank. Allotment letter, Annexure A-4, was issued on 15.03.2018 confirming allotment of Unit No.A-602 in favour of the complainant. In all, an amount of ₹53,50,349/- i.e. (₹6,97,798/- paid directly by the complainant + ₹46,52,551/- disbursed through Bank), was paid to the opposite parties, as per detail given in Para 8 of the complaint and as per statement of account, Annexure A-5. For subvention scheme, the opposite party executed a separate affidavit dated 02.04.2018, Annexure A-6, unequivocally undertaking to bear and pay the entire pre-EMI interest on the loan amount till the date of offer of possession of the unit. The opposite parties paid the pre-EMI interest to the bank up-to March 2020, however, after onset of Covid-19 pandemic, from April 2020 to August 2020, the complainant was constrained to avail the moratorium period, during which no pre-EMI interest was paid by the opposite parties.

2] It has been alleged that the opposite parties instead of paying pre-EMI interest of ₹1,84,428/- for the moratorium period despite affidavit dated 02.04.2018, issued a demand letter dated 17.08.2020, Annexure A-8, to the complainant for payment of ₹9,22,143/-. The complainant agitated and requested the opposite parties to raise demand as per the construction linked plan and requested to pay the pre-EMI interest amount of moratorium period to the Bank. However, on refusal by the opposite parties to do so, the complainant wrote an email dated 07.09.2020, Annexure A-10, to the Bank to withhold further disbursement until the builder complied with its subvention obligations. It has been averred that as a gesture of good faith, the complainant made a part payment of ₹3,68,677/-, whereafter the opposite parties resumed pre-EMI interest from October 2020 onwards though the pending interest for the moratorium period (April to August

2020) remained unpaid.

3] I