RESERVED

 STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                               COMPLAINT NO. 45 OF 2022

Sri Mohit Bhalla

R/o Flat No. 702 A4

MI Rustle Court, Sector 6

Gomti Nagar Extension

Lucknow (U.P.)

                                                                                          ...Complainant

                                                     Vs.

1. Anand Life Space Development

LLP Office At 711/92

Deepali Nehru Place

New Delhi-110019

2. Getamber Anand

S/o Late Kamal Kishore Anand

R/o C-226, Sector 44, Circle, Noida

Uttar Pradesh

3. Udaivir Anand

S/o Getamber Anand

R/o C-226, Sector 44, Circle, Noida

Uttar Pradesh

                                                                                       ...Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

HON’BLE MR. SUSHIL KUMAR, MEMBER

For the Complainant           :   Ms. Riya Tandon Bhalla, Advocate and

                                                Complainant in person

For the Opposite Party        :  Sri Digvijay Nath Dubey, Advocate and

                                                Sri Akhand Pratap Singh, Advocate.

Dated : 06-09-2022

                                            JUDGMENT

           MR. JUSTICE ASHOK KUMAR, PRESIDENT

Heard Ms. Riya Tandon Bhalla, learned Counsel for the complainant and Sri Digvijay Nath Dubey, learned Counsel for the opposite party alongwith his assisting Counsel Sri Akhand Pratap Singh.

The instant complaint has been filed under Section 47(i)(a)(ii), (2) Read with Sub-Section 4 of Section 47 of the Consumer Protection Act, 2019 by Sri Mohit Bhalla against Anand Life Space Development and

:2:

two others with the following prayers:-

“In the light of facts and circumstances of the case mentioned herein above, it is most humbly prayed that this Hon’ble Forum may kindly be pleased:

1. To pass an order in favour of complainant and against the Opposite Parties to pay to the Complainant a total amount of Rs.56,18,942/- which includes Rs.27,81,324/- as the principal amount paid to the builder, Rs.10,73,666/- as the interest incurred due to delay @ 10% as per ATS Terms and Conditions, Rs.4,80,000/- towards rednt, Rs.4,83,952/- incurred as interest paid to bank for the property in question, Rs.5,00,000/- for mental agony and Rs.3,00,000/- for legal Fees.
2. To pass an order that Other Expenses including litigation expenses shall be paid by the opposite parties to the complainant.
3. Pass any other order/orders which this Hon’ble Forum may deem fit in the facts and circumstances of the case.” 

Facts of the case stated in brief are that the opposite party is engaged in construction of houses, villas, building and other infrastructure facilities in different part of India. The complainant being attracted towards its reputation alongwith the urgent need of home contacted the opposite party No.1 at its head office at New Delhi and corporate office at Noida from where the business of opposite party is controlled and managed by the partners. The opposite party had come up with public offer to sell Row Houses under the project name “Jeevan Sukh” to be constructed at Bareilly with a construction target to be completed in June, 2020 as per the terms and conditions of the Agreement to Sell as the said project is registered and covered under the terms anbd c