The Uttar Pradesh State Consumer Disputes Redressal Commission (SCDRC) recently halted the construction and operation of Chica Loca by Sunny Leone, a bar and restaurant, within the Experion Capital residential complex in Vibhuti Khand, Lucknow..The Commission further directed the builders to pay ₹50,000 as litigation costs to the complainants.Judicial Member Sushil Kumar noted that the complainants were senior citizens who raised concerns over noise, safety and public nuisance. The Commission held that opening a bar in the residential complex would infringe upon their right to peaceful and dignified living."The complainants are senior citizens and they have a constitutional right to live peacefully with dignity. This bench can take notice of this fact that where a bar runs, quarrels runs parallel. The complainants, the senior citizens will not be able to face such quarrels in their vicinity." The forum further observed that the builders were liable to be restrained from opening any restaurant-cum-bar or commercial establishment within residential premises, including the badminton court area or clubhouse area..The complainants alleged that the builders have violated the sanctioned layout by leasing out space meant for residential amenities (specifically a double-heighted badminton court) for commercial use, specifically a restaurant-cum-bar under the brand Chica Loca by Sunny Leone. This, it was alleged, was in contravention of the approved building plans, fire safety norms and excise rules, and seem to have been done without the consent of the allottees.The complaint thus sought directions to restrain the builders from deviating from the sanctioned layout plan of the project Experion Capital, to compensate the complainants for mental agony and unfair trade practices, and to recover litigation costs..The Commission in its order stated,"If a restaurant-cum-bar is permitted to run in this area, the residents will face the parking trouble. It is also clear on perusal of fire NOC that it has been given for residential use and not for commercial use and as such, the opening of restaurant-cum-bar will be against the fire safety norms as well. The peaceful living of the residents will be disturbed if any bar is opened in the residential area and it is not permissible to open a bar in the residential area as per the excise policy of the State of U.P. Therefore, opposite parties no.1 & 2 cannot be permitted to give permission to the opposite party no.3 for opening a restaurant-cum-bar within the vicinity of the residential area.".While partly allowing the plea, the Commission reiterated the obligation of builders to maintain the sanctity of sanctioned plans and protect the rights of homebuyers to peaceful and dignified living. Any commercialisation of residential spaces in contravention of law and without consent of residents shall not be permitted, it added.The complainants had sought ₹15,00,000 as compensation for physical and mental agony, as well as for unfair trade practices and unfair trade contracts. However, the Commission held that they were not entitled to damages on these grounds..Advocate Manu Dixit appeared for the complainants.Advocates Prashant Kumar and Shreyas Kumar Agarwal appeared for the opposite parties..[Read Order]
