IMPORTANT POINTS
(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 contract by its own.
(3) Consumer – Allottee/consumer cannot be expected to wait indefinitely for a plot or flat.
(4) Indefinite Time – It is well established law that the allottee cannot be expected to wait indefinite time for getting the possession of said office unit which leads to inconvenience, harassment to the complainant therefore Complainant is entitled to have compensation as stated in final Order.

JUDGMENT

Vijay C. Premchandani, Member—The Complainant is filed the Complaint under Section 17(1)(a)(i) of the Consumer Protection Act, 1986.

Facts of Complaint

2. The Complainant booked the office unit No.406, in the opponents project named as “Marathon Max Phase-II” situated at the junction of Mulund-Goregoan Link Road & L.B.S. Marg. Mulund (West) Mumbai- 400080 (hereinafter referred to as the said office Unit), admeasuring an area of 551 sq.ft built up area (394 sq. ft carpet area) for the consideration amount of Rs.15.01,475/- along with a parking space. Against the same the Complainant paid the Rs.450442.50 i.e. 30% of the total agreed consideration amount. The complainant received letter dated 21/03/2005 from Opponents stating that “due to unavoidable circumstance we are unable to continue the construction of Marathon Max Phase II” and had also sent a pay order amounting to sum of Rs.1,68,309.50/-. The complainant submitted that Opposite Parties act of termination of the booking of the office unit done by the Opposite parties without the complainant’s informed consent amounts to Unonscionable Action by the Opposite Parties in the eyes of law. The Complainant returned to the opposite parties by writing a reply letter dated 25/03/2005 wherein, the complainant showed his willingness and readiness to wait until the construction work of the said project is complete and also brought to the notice of the opposite parties that the amount which they had refunded was part refund of the booking amount as complainant paid Rs.4,50,442.50/-. The opposite parties sent further letter dated 28/04/2005 and mentioned that the alleged project kept abeyance due to unavoidable circumstances (Without mention the circumstances for reasons) and offered the complainant the refund of part advance paid by the complainant towards the said office unit. The construction work was restarted and therefore, a Letter dated 04/03/2008 was addressed to the Opposite Parties by the Complainant showing his readiness and willingness to pay further sum of money towards the consideration of the said unit. The Opposite parties failed to respond the said letter of complainant. The Opposite parties failed to delivery the said office unit to the complaint and adopted unfair trade practice hence complaint filed the Consumer Complaint No.434 of 2009 before the Consumer Forum Suburban Mumbai. The Opposite parties filed their Written Statement and both the parties filed their Affidavit of Evidence as well as the Written Notes of Arguments. The Complainant at later stage, for want of pecuniary jurisdiction, withdraw the Complaint from the District Consumer forum and carves leave to file a fresh Consumer Complaint before this Hon’ble Commission. The Complaint submitted that the cause of action is continuous as till the date of filling complaint Opposite parties have not handed over the possession of the said office unit to the complainant. The Opposite parties adopted unfair trade practice and deficiency of services towards the complainant, hence this complaint filed. The complainant prayed in the complaint that the opposite parties to execute and register the Agreement for sale of said office Unit after accepting the balance consideration of the office unit and handover the legal possession of said office unit. Or Alternatively Opposite parties may be directed to handover the any other premises similar configuration in the same building or in the same locality after accepting the balance consideration as per the agreed terms of Agreement. The Opposite parties may be directed to pay the interest on paid amount for the office unit and compensation loss occurred to the complaint due to payment of rent paid, Compensation for mental agony and Cost of litigation.

3. The Complaint was admitted and notice was issued to the opposite parties, Opposite parties appeared and filed their Written Version. The Opposite parties submitted that complaint is not maintainable and deserve to be