Vishal Rustagi VS Hamilton Heights Pvt. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUBHASH CHANDRA, J. RAJENDRA
Vishal Rustagi – Appellant
Versus
Hamilton Heights Pvt. Ltd. – Respondent

Counsel for the Parties:
For the Complainant:Mr. Aditya Parolia, Ms. Ishita Singh, Mr. Pranjal Mishra and Ms. Anvita Priyadarshi, Advocates
For the Opp. Parties:Mr. Brijesh Chaudhary, Mr. Prins Kumar and Mr. Yashish Samkria, Advocates

ORDER

Subhash Chandra, Presiding Member—This complaint filed under Section 21 (a) (i) of the Consumer Protection Act, 1986 (in short, the “Act”) alleges deficiency in service by the Opposite Party in delay in handing over possession of the apartment booked by the Complainants in a project promoted and executed by the Opposite Party.

2. Upon notice, Opposite Party contested the complaint by way of written statement. Complainants thereafter filed their rejoinder. Parties filed their evidence by way of affidavit. Short synopsis of arguments was also filed by both the parties.

3. The relevant facts of the case, in brief, are that the Complainant had booked an apartment in the residential project “Hamilton Heights,” located in Sector-37, Faridabad, Haryana, for his residential purpose. His grievance pertains to allegations of unfair trade practices, fraudulent conduct, and deficiency in service on the part of the opposite party. The complainant, influenced by the opposite party’s promotional materials and verbal assurances, booked Apartment No. C-903, measuring 2033 sq. ft., on 02.05.2012, for a total consideration of Rs.78,43,314, exclusive of registration charges and stamp duty. Posses