Uttar Pradesh Consumer Commission stopped the construction of “Chica Loca by Sunny Leone” bar inside a residential society in Lucknow. The court cited safety issues, noise, and rule violations affecting senior citizens’ peaceful life.
Thank you for reading this post, don't forget to subscribe!Lucknow: The Uttar Pradesh State Consumer Disputes Redressal Commission (SCDRC) stopped the construction and operation of a bar and restaurant named Chica Loca by Sunny Leone, which was coming up inside the Experion Capital residential complex in Vibhuti Khand, Lucknow.
The Commission also ordered the builders to pay Rs 50,000 to the complainants as litigation costs.
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This case was heard by Judicial Member Sushil Kumar, who clearly mentioned that the people who filed the complaint are senior citizens, and they were worried about loud noise, safety concerns, and public disturbance if the bar was allowed to operate inside the society.
“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 Commission made it clear that builders cannot be allowed to open any commercial place like a restaurant or bar inside the residential area, including places like the badminton court or clubhouse that were originally meant for residents’ use.
The senior citizens complained that the builders broke the approved building layout plan by leasing out a double-heighted badminton court area, which was supposed to be for residents, to a restaurant and bar called Chica Loca by Sunny Leone.
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They said this act was against the sanctioned building plans, and also violated fire safety norms and excise rules. The complainants also pointed out that this was done without taking permission from the flat owners.
The complaint asked the court to:
- Stop the builders from changing the approved layout
- Prevent any kind of bar or restaurant from opening in the residential area
- Give compensation for the mental stress caused
- Make the builders pay the cost of legal proceedings
In its ruling, the Commission said,
“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.”
The Commission partly accepted the complainants’ plea and stressed that builders must follow the approved layout plans strictly and must protect the residents’ rights to a peaceful and respectful life. It also stated that turning residential areas into commercial spaces without consent is not allowed under the law.
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The complainants had also asked for Rs 15,00,000 as compensation for mental and physical suffering and for unfair trade practices, but the Commission did not agree to this part and rejected the demand for compensation.
In the case, Advocate Manu Dixit appeared for the complainants.
Advocates Prashant Kumar and Shreyas Kumar Agarwal represented the opposite parties.
CASE TITLE:
Prema Sinha v Experion
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