The Uttar Pradesh State Consumer Disputes Redressal Commission (SCDRC) has directed a complete halt to the construction and operation of Chica Loca by Sunny Leone, a bar and restaurant proposed within the Experion Capital residential complex in Vibhuti Khand, Lucknow.

In its order, the Commission also imposed ₹50,000 as litigation costs to be paid by the builders to the complainants.

Presiding over the matter, Judicial Member Sushil Kumar observed that the complainants—senior citizens residing in the complex—had raised valid concerns regarding safety, noise pollution, and potential public nuisance. He emphasized that allowing a bar to operate in a residential area would violate their constitutional right to live peacefully and with dignity.

"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 run parallel. The senior citizens will not be able to face such quarrels in their vicinity," the order noted.

The Commission further restrained the builder from opening any restaurant-cum-bar or other commercial establishments within the residential premises, including spaces designated for amenities like the badminton court or clubhouse.

According to the complainants, the builder had violated the approved layout by leasing out a space earmarked for residential facilities—a double-heighted badminton court—for commercial use by establishing Chica Loca by Sunny Leone. They alleged that this move was in breach of sanctioned building plans, fire safety norms, and state excise policies, and was undertaken without the consent of the flat owners.

The residents sought several remedies, including:

• An order to stop the conversion of residential amenities into commercial use,

• Compensation for mental harassment and unfair trade practices, and

• Reimbursement of litigation expenses.

The Commission took note of these grievances and highlighted the absence of a commercial-use fire safety clearance for the property. It ruled that converting the space into a restaurant-cum-bar would violate fire safety standards and the Uttar Pradesh Excise Policy, which prohibits the opening of bars in residential areas.

"If a restaurant-cum-bar is permitted to run in this area, the residents will face parking issues. The fire NOC has been granted only for residential use, and thus a bar would breach fire safety norms. The peaceful living of residents will be disturbed, which is not permissible as per State excise policy," the Commission observed.

While the Commission denied the complainants’ claim of ₹15 lakh as compensation for mental agony and unfair practices, it firmly underscored the builders' responsibility to adhere to sanctioned plans and protect the rights of residents. It made clear that any attempt to commercialise residential spaces without legal sanction and resident consent would not be tolerated.

Legal Representation
Advocate Manu Dixit appeared on behalf of the complainants.
Advocates Prashant Kumar and Shreyas Kumar Agarwal represented the opposite parties.