State Consumer Disputes Redressal Commission Mrs. Suneeta Kumari & Anr. vs M/S Antriksh Developers & Promoters ... on 20 September, 2024 CC/154/2018 MS. SUNEETA KUMARI & ANR. VS. M/S ANTRIKSH DEVELOPERS LTD. DOD: 20.09.2024 IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 12.02.2018 Date of Hearing: 25.07.2024 Date of Decision: 20.09.2024 COMPLAINT CASE NO. 154/2018 IN THE MATTER OF 1. MS. SUNEETA KUMARI W/O MR. D.K. SINGH R/O H. NO. 15, DHANWANTRI PURAM, GHAZIABAD201001 2. MR. D.K. SINGH S/O LATE MR. B.B. SINGH R/O H. NO. 15, DHANWANTRI PURAM, GHAZIABAD201001. (Through: Mr. Rishabh Kumar, Advocate) ...Complainants VERSUS M/S ANTRIKSH DEVELOPERS & PROMOTERS PVT. LTD. REGISTERED OFFICE: 34/C8, SECTOR8, ROHINI, NEW DELHI110084. (Through: Mr. Jitender Dagar & Mr. Sourabh Yadav, Advocates) ...Opposite Party PARTLY ALLOWED PAGE 1 OF 15 CC/154/2018 MS. SUNEETA KUMARI & ANR. VS. M/S ANTRIKSH DEVELOPERS LTD. DOD: 20.09.2024 HON'BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT) HON'BLE MS. PINKI, MEMBER (JUDICIAL) Present: None for the parties. PER: HON'BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT) JUDGMENT 1. The present consumer complaint has been filed on 12.02.2018 before this Commission under Section 17 of the Consumer Protection Act, 1986 alleging deficiency of service and unfair trade practice on the part of Opposite Party and has prayed the following reliefs: "(i) Direct the Opposite Party to execute sublease deed, complete electrification works and all other balance pending works including fixture and furnishings in the unit booked by the Complainants and issue the possession letter; (ii) Direct the Opposite Party to refrain from making demands in contravention of the terms of the allotment letter dated 20.04.2011; (iii) Direct the Opposite Party to credit the account of Complainants with a sum of Rs.5,25,250/ i.e. a sum of Rs.9,550/ for each month of delay in handing over possession of the unit from December 2012 to the date of disposal of the present complaint along with interest on the same @18% p.a., payable on each month of delay; (iv) Direct the Opposite Party to pay damages to the Complainants due to delay in offering of possession, which damages have occurred by way of losing out on the rental opportunities for their present accommodation, @ Rs.20,000/ for each month of delay, along with interest on the same @ 18% p.a., payable on each month of delay; PARTLY ALLOWED PAGE 2 OF 15 CC/154/2018 MS. SUNEETA KUMARI & ANR. VS. M/S ANTRIKSH DEVELOPERS LTD. DOD: 20.09.2024 (v) Direct the Opposite Party to refund the amount of Rs.47,64,876/ paid by the Complainants, with interest @ 18% p.a. from the date of payment, i.e. 07.04.2011 to the date of realization; (vi) Direct the Opposite Party to prepare the account summary of the Complainants after accounting for compensation and damages as prayed for above, and to thereafter issue a fresh demand if any amounts are payable; (vii) Declare that the Opposite Party has undertaken unfair trade practices by making representations which they had no intentions of upholding; (viii) Impose punitive damages on the Opposite Party for taking up unfair trade practices and thereby affecting the rights