JUDGMENT

Dr. J.G. Mecwan, Presiding Member.—The present complainant – Mrs. MadhubenKantilal Shah has preferred this Complaint under Section 12 of the Consumer Protection Act, 1986 for getting necessary amount for compensation and mental agony from the opponents due to the deficiency in service and unfair trade practice on the part of opponents.

2. The facts given rise to the present Complaint in nutshell are as under: It is submitted by the complainant that the present Complaint has been filed through Mr. Jignesh Kantilal Shah who is constituted attorney and is having complete knowledge about the transaction between the complainant and the opponents. The opponent no. 01 is marketing partner of the opponent no. 02 – Builder/developer and opponent no. 03 is a person in whose favour the said Penthouse B-122 rights has been created after sale of property to the complainant. It is the case of the complainant that power of attorney holder met the opponent no. 01 and 02 and they made representation about their projects called Radiance Residency, situated at opposite SBI, Nr. Motera Stadium, Moteraroad, Ahmedabad. It is further the case of the complainant that the persons representing opponent no. 01 via mail confirmed that at the time of booking Flat no. A-44 in the name of Madhuben Shah at Radiance Residency, the location will be shifted to penthouse in Block B, Flat no. 122. It is further the case of the complainant that inspite of paying the amount of said penthouse no. B-122 on demand notice issued by the opponent no. 01 failed to give Allotment letter and after that complainant has realized that complainant has been cheated and misused the dominant position, the opponent no. 01 and 02 have sold the flat to opponent no. 03 -Mr. Neel Gajjar. Despite numbers of communication via mail to opponent no. 01 and 02, till date they have not kept their promises in regard to resolving of this third party interest who is claiming to be owner of Penthouse Flat no. B-122 which was allotted to complainant and thereafter complainant issued a legal notice upon the opponent no. 1 and 2. It is alleged by the complainant that the opponent no. 01 and 02 have not replied to any of the emails and legal notice of the complainant which itself proves the malafide intention of the opponent no. 01 and 2. It is further the case of the complainant that as per the terms agreed the complainant paid a sum of Rs. 17,48,485/- till date and agreed to pay as per the last demand letter dated 08.03.2016 to the opponent no. 02 upon the confirmation of the said flat. It is further submitted by complainant that from time to time various correspondence were exchanged wherein the opponent no. 01 admitted that on account of error and technical issues the opponent no. 01 had issued the letter of allotment showing the flat number of A-74 instead of B-122 and by such deficiency in service and unfair trade practice complainant has filed the present Consumer Complaint against the opponents before this Commission.

3. Being dissatisfied with the deficiency in service and unfair trade practice committed by the opponents the complainant has filed present Consumer Compliant before this Commission and prayed for,

(A) To hold and declare the Opposite Parties to be guilty of deficiency in service and unfair trade practice as per the provisions of the Consumer Protection Act, 1986.

(B) To direct the Opposite Parties to hand over the peaceful and permanent possession of the flat No. B-122 of the project called Radiance Residency, situated at opposite State bank of India, near Motrea Stadium, Motera road, Ahmedabad,

(C) To direct the Opposite Parties to obtain Occupation Certificate of the said flat from competent authority.

(D) To direct the Opposite Parties to get the regular water supply connection of said flat from competent authority.

(E) To direct the Opposite Parties t