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SUBHASH CHANDRA
Monika Dhingra – Appellant
Versus
Pioneer Urban Land & Infrastructure Limited – Respondent
ORDER
This complaint has been filed under section 21 of the Consumer Protection Act, 1986 (in short, the ‘Act’) alleging deficiency in services in respect of non-delivery of a flat booked by the Complainant with the Opposite party in the project ‘Araya’, promoted and developed by it.
2. The facts, in brief are that according to the Complainant, they had booked a flat on 18.12.2012 in the project ‘Araya’, Sector 62, Golf Course Extension Road, Gurgaon, Haryana by paying an amount of Rs.40,00,000/-. Allotment was made on 19.12.2012 which clearly stated that the Buyer’s Agreement will be forwarded within 30 days, after which complainant started receiving the demand letters for the payment of more money amounting to Rs.2 Crores. However, the complainant did not make the payment since the Buyer’s Agreement were not sent to the complainant by the opposite party. Complainant submits that in the absence of the Buyer’s Agreement he could not apply for loan from the bank. Therefore, there was deficiency in service by the opposite party in not forwarding the Buyers Agreement to the complainant. Thereafter, complainant received a letter dated 10.02.2014 from the opposite party terminating the
(1) Third party – The opposite party has contested the complaint on the grounds of maintainability alleging that the complainant was not a ‘consumer’ within the ambit of section 2(1)(d) of the Act as....
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Earnest money – As the allotment letter was not signed/accepted by the Complainants, the Opposite Party does not have any right to deduct the earnest money and cannot use or sit over the Complainants....
(1) Contract - A term of a contract, will not be final and binding if it is shown that the consent to the said term was not really voluntary, if the person giving consent had no other choice. (2) Nom....
(1) Jurisdiction - Commission has the jurisdiction to entertain the cases relating to allotment agreement including delay in handing over possession of the said flat, as compensation for delay in han....
Housewife - Complainant is a housewife and there is nothing on record to show that she is engaged in any visible commercial activity.
(1) Mere allegation that purchase of the property is for commercial purpose cannot be ground to reject the consumer complaint.(2) In the event a person entitled to seek additional special remedy prov....
(1) Allegation – Mere allegation, that the purchase of the property is for commercial purpose, cannot be the ground to reject the present consumer complaint.(2) Allotee – Allottee cannot terminate co....
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