IMPORTANT POINT
Allotment of plot – If there is no time limit for performance of particular promise given by one party, it is to be performed within reasonable time.

JUDGMENT

Sangita Dhingra Sehgal, President.—The present complaint has been filed by the Complainants alleging deficiency in service and unfair trade practices by the Opposite Party and has prayed the following reliefs:

a) “Refund the amount of Rs. 28,13,300/- which includes booking amount of Rs. 7,77,500/- paid by the Complainant along with interest @ 24% per annum to an extent of Rs. 20,35,800/-calculated from the date of payment till the filing of the present complaint.

b) Pay pendent lite interest @ 24% p.a. on Rs. 28,13,300/- from the date of filing the present Complaint till the present case is finally decided and future interest @24%per annum on the decreetal amount from the date of decree till he date of actual payment.

c) To compensate the Complainant with Rs. 5,00,000/- due to inflation in property market proportionate size of Plot in the past 12 years.

d) To pay the compensation of Rs. 1,00,000/- for mental agony and financial loss suffered by the Complainant.

e) To pay Rs. 1,00,000/- to the Complainant on account of deficiency in the services of the OP and also towards the litigation chares; and/or

f) Any other relief/s which this Hon’ble Commission may deem fit and proper in the interest of justice.”

2. Brief facts necessary for the adjudication of the present complaint are that the Complainants were lured by the advertisement issued by the Opposite Party about its Residential Housing Project with fully developed residential plots providing luxurious living facilities in Kundli, District Sonepat, Haryana and showed their interest towards booking of a residential plot admeasuring 400 sq. yds. for their personal use. After some initial talks and negotiations, it was agreed that the Complainants can jointly purchase a residential plot on transfer basis from an earlier allotee namely Mr. Narender Kumar, who was willing to transfer his booking in the abovementioned project. In the year 2006, the Complainant purchased the said land from the previous owner and the Opposite Party duly substituted the name of the Complainant in their record.

3. Thereafter, the Complainants had sent repeated reminders and visited the office of Opposite Party on several occasions requesting the allotment of the land but till date neither any allotment was made nor the details of the project was supplied by the Opposite Party. The Complainants over the time had paid a sum of Rs. 7,77,500/- to the Opposite Party for the said land. However, the Opposite Party kept extending the dates as per its own convenience and never gave any satisfactory response despite regular visits and correspondences. The Complainants by way of letters dated 17.11.2014, 22.12.2014 and 03.07.2015 sought refund of their amount but was of no avail. Also, the Opposite Party has neither started any construction work at the Project site nor refunded the amount to the Complainants. Aggrieved by the facts as stated above, the Complainants approached this Commission.

4. The Opposite Party has contested the present case and raised preliminary objections as to the maintainability of the complaint case. The counsel of the Opposite Party contended that the Complainants are not ‘consumers’ as defined under section 2(1)(d) of Consumer Protection Act, 1986 as they have invested money to earn profit, which amounts to commercial purpose. The counsel for the Opposite Party further contended that the present complaint involves complicated question of facts and law, which cannot be adjudicated in a summary procedure before this Commission. Pressing the aforesaid objections, the counsel appearing on behalf of the Opposite Party prayed that the complaint be dismissed.

5. The Complainant has filed the Rejoinder rebutting the written statement filed by the Opposite Party. Both the parties have filed their Evidence by way of Affidavit in order to prove their averments on record. The written arguments of both the parties are on record.

6. We have perused the material available on reco