IMPORTANT POINT
Second complaint cannot be filed to fill-up lacuna in first complaint.

J.M. Malik, Presiding Member—The facts germane to the abovesaid Complaint are as follows. On 08.04.2006, the complainant, M/s Purusharath Builders Pvt. Ltd. booked a Pent House measuring 3200 sq. ft. for a consideration of Rs. 23,74,560/- from the opposite parties. The opposite parties assured the complainant that the Pent House would be handed over by June, 2008. The opposite parties took time for getting permission from MCD but there was no construction activity on the sight till 03.10.2007. The opposite parties were asked to return the money alongwith interest @ 18% on the amount deposited by the complainant. The opposite parties put off the matter on one protest or the other. Vide their letter dated 13.08.2008, it was represented that sanctions as required had still not received. There was lot of correspondence between the parties. The opposite parties sent a copy of the approval of building plans from MCD dated 13.08.2009 and the complainant was informed that the project would be launched within 2-3 months. Several requests were made to the opposite parties to do the needful but the opposite parties waddled out of their commitment.

2. M/s Uppal Housing Ltd., Opposite Party-1, wrote a letter to the complainant on 16.07.2011, wherein for the first time, it informed the complainant of its having formed the JV with another company of USA and had changed its name as M/s Umang Realth Pvt. Ltd. Opposite Party-2. It called upon the complainant to get in touch with them and execute the agreement besides finalizing the apartments for the compliance and depositing allotment of due amount. In the meantime, the complainant met Commander J.S. Jerry, In charge of the Opposite parties on 26.07.2011, who informed that the project had commenced and the work of 1st and 2nd basement is in progress. Commander J.S. Jerry also informed them that the opposite parties had decided not to build any Pent House and project would be considering of 2,3 & 4 BHK apartments only and the rates had been revised from earlier Rs. 4,947/- per sq. ft. to Rs. 7,000/- per sq. ft. But in the case of the complainant the rates would remain the old rates. The area of the complainant was increased from 3200 sq.ft. to 5565 sq.ft. For 3200 sq. ft., the old rates were applicable and for new additional area, new rates were to apply.

3. The complainant made known its desire of booking 2 or 3 BHK apartments to the opposite parties. On 15th December 2011, the authorized representative of the Complainant visited once again the office of the Opposite Parties. Commander J.S. Jerry informed him that the 3BHK apartments as desired were available in Tower F on 10th and 12th floor bearing No. 1002 and 1202. He also represented that two adjoining flats are available in the category of 4 BHK comprising of 2047 area each bearing numbers A-701 and A-702. The complainant requested the opposite parties to earmark and book the said two 4BHK Apartments and the complainant was willing and ready to pay the charges on the new rates for the difference in area of 894 sq. ft. Thereafter, the opposite parties refused to allot the above said flats and the complainant informed that the opposite parties can allot only one of these apartments. The complainant sent a legal notice on 16.01.2012.

4. On 24.01.2012, the opposite parties published fresh advertisements in the News Papers calling fresh applications and promising the completion of the project by March, 2014. On 06.02.2012, the complainant was informed that 25 to 30 Apartments are available in the category of 4 BHK and 40 to 50 units are available in the category of 3BHK Apartments. In these circumstances, the present complaint was filed with the following prayers:

“ a. direct the OP not to cancel the booking of the Complainant.

b. direct the opposite party to allot to the Complainant, two adjoining flats No. A-701, 702 as detailed herein above,

c. direct the opposite party to compensate the Complainant by paying an amount of Rs. 23,7