Major (Retd) J S Yadav VS Trehan Home Developers Pvt. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUBHASH CHANDRA, SADHNA SHANKER
Major (Retd) J S Yadav – Appellant
Versus
Trehan Home Developers Pvt. Ltd. – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. Sunil Rewar, Advocate with Appellant in Person
For the Respondent No.1 to 3:Mr. Rohan Khanna, Advocate
For the Respondent No.4: Ex Parte Vide Order Dated 14.02.2020

ORDER

Dr. Sadhna Shanker, Member.—The present appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”) by Major (Retd.) J S Yadav (hereinafter referred to as the “complainant”) assailing the Order dated 26.02.2019 passed by the State Consumer Disputes Redressal Commission, Rajasthan (hereinafter referred to as the “State Commission”) in complaint No.74 of 2017, whereby the complaint was partly allowed.

2. We have heard the learned counsel for the complainant and the learned counsel for the respondents No.1 to No.3 (hereinafter referred to as the ‘builder’) and have perused the record including inter alia the impugned order dated 26.02.2019 and the memorandum of appeal.

3. This Commission, vide its Order dated 14.02.2020, had condoned the delay in filing the appeal.

4. The facts, in brief, are that the complainant, who is senior citizen aged about 81 year, had applied for a 3BHK flat admeasuring 1350 sq. ft. in the upcoming project, namely, “Hill View Garden Housing Complex”, Bhiwadi, launched by the builder, in the joint name of himself and his wife, Smt. Shanti Devi, being the first applicant and paid a sum of Rs.2,50,000/- as booking amoun