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SUDIP AHLUWALIA
Somender Gautam – Appellant
Versus
Ansal Housing and Construction Ltd. – Respondent
ORDER
Sudip Ahluwalia, Presiding Member.—This Appeal has been filed by the Complainant against the impugned Order dated 14.03.2018 passed by the State Consumer Disputes Redressal Commission, Delhi directing the Respondents to refund the principal amount to the Complainant along with interest.
2. The factual background, in brief, is that in the year 1997, the Complainant was looking to purchase a residential property in and around Delhi when he was approached by the Opposite Parties/Respondents who offered their services. The Complainant was solicited to purchase Plot No. B-C067 at Golf Links, Greater Noida, initially registered in the name of one Ms. Rajni Bhatia, which was later transferred to Mrs. Geeta Singhal, and subsequently transferred to the Complainant. The changes in the allotment were approved by the Opposite Party No. 1 vide letter dated 09.05.1997. This was followed by an allotment letter dated 04.05.1998, allotting Plot No. 75 in Block B to the Complainant for a total consideration of Rs. 6,46,217.95. The Complainant changed his residential address within New York, United States of America, and informed the Opposite Parties via telephone and a letter dated 26.06.2000.
Cancellation of allotment of plot – No deficiency in service as no claim for allotment of alternative plot made by Complainant.
Refund rights of consumers upheld despite payment issues, highlighting supplier's persistent obligation to deliver services as contracted under consumer protection principles.
(1) Possession - If the developer fails to deliver possession of the allotted plot/flat within the stipulated time, the allottee is under no obligation to accept an alternate plot.(2) Interest - When....
A balanced and reasonable order passed by State Commission is not amenable to interference in revision.
A subsequent allottee can claim an alternative plot if the original plot is embroiled in legal issues, validating consumer rights under the Consumer Protection Act.
“Since Demand-cum-Allotment letter was not served upon allottee, the cancellation of allotment held not proper.”
Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.
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