IMPORTANT POINT
An individual proprietor can run business for his own and his family benefits or he can earn his livelihood by transacting any business. His status as a consumer does not stand clouded.

J.M. Malik, Presiding Member—This case portrays the story of sadness and frustration of a business man who desired to have a business place for his own use/livelihood. It also reveals, how it has become difficult to have a space in this cosmopolitan city. The main reason is that prices have gone up by leaps and bounds. It also depicts how a consumer has to tolerate the tantrums of his builder/developer.

2. Mr. K.K. Rana, the complainant, is a businessman. He applied for allotment of commercial office space/parking space to the Opposite Party, M/s. DLF Commercial Complexes Ltd., on 11.03.2008. The approximate super area of the office space was 196.093 sq.mts, i.e., 2111 sq.ft, approximately, located on the third floor of the proposed building, namely, DLF Tower, Shivaji Marg-II, at 15, Shivaji Marg, Najafgarh Road, West Delhi and deposited Rs.7,50,000/- as the booking amount for the provisional allotment of above said office space, vide receipt marked as Annexure C-1.

3. On 27.04.2008, the OP raised a demand of Rs.78,44,000/- in respect of the said office space, due on 11.05.2008. On 28.04.2008, the OP sent a letter of allotment of above said premises in favour of the complainant along with a schedule of payment. The payment plan initially sanctioned for the complainant was a 2.5 years’ fixed payment plan. Copy of the same has been placed on record as Annexure E. The OP again raised a demand of Rs.34,37,600/- which was due for payment on 11.07.2008. The complainant further paid a sum of Rs.25,00,000/- on 01.07.2009 and Rs. 53,44,000/- vide cheque dated 10.07.2008. No further amount was paid despite notices. On 14.07.2008, OP sent a reminder demand letter in the sum of Rs.87,81,600/- to the complainant and asked for the remittance of the said amount up to 28.07.2008. On 28.07.2008, the OP further sent a reminder /payment letter in the sum of Rs.34,37,600/-. On 14.08.2008, OP sent a notice for the remittance of Rs.34,37,600/-. All these letters have been placed on record vide Annexures C-2 toC-11.

4. On 03.09.2008, the OP sent a letter to the complainant cancelling the allotment of above said premises in favour of the complainant on the ground of non-payment of Rs.34,37,600/- and further alleging therein forfeiture of amount of Rs.71,60,273.32 in accordance with the terms of Clause 12 of the Agreement to Sell. However, on 05.09.2008, the OP sent a letter to the complainant mentioning therein that the application made by the complainant for allotment of the said premises has been accepted and the said letter was accompanied by a Space Buyer’s Agreement in Triplicate containing the terms and conditions of the allotment and directed the complainant to return the same after signing the said agreement, within 10 days. Copies of letters dated 03.09.2008 and 05.09.2008 have been placed on record as Annexure C-12 and C-13, respectively. On 10.09.2008, the OP sent a letter to the complainant assuring that all the necessary pre-construction activities would commence by the end of November, 2008 and that some of the necessary approval had already been received and other approvals have been applied for and would be received by the end of November, 2008. The cost related to design engineering was substantially completed.

5. During the last week of November, 2008, the complainant visited the site but there was no sign of any construction work on the said premises. The complainant approached the officials of OPs but they were unable to explain the cause of delay. The complainant wanted that his money should be paid back but he was assured that construction work would start immediately. On 23.12.2008, the Space Buyer’s Agreement was executed and signed by the parties. The total sale consideration was settled at Rs.3,37,76,000/- and the parking space for Rs.6,00,000/-. It was agreed that the premises would be given within a period of 36 months from the date of execution of the said agreement.

6. However, till February, 2009, there was no sig