BRIJ MOHAN MITTAL & ANR. vs M/S. BPTP LIMITED

Judicial Analysis Court Copy Headnote Facts Arguments Court observation


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI


CONSUMER CASE NO. 1578 OF 2017

1. BRIJ MOHAN MITTAL & ANR.
S/O SH LATE RAMESHWARDASS MITTAL RESIDENTV OF 2404 SECTOR - 16
FARIDABAD - 121002
2. Smt. Uma Mittal
W/o. Sh. Brij Mohan Mittal, 2404 Sector -16,
Faridabad - 121 002.

...........Complainant(s)

Versus

1. M/S. BPTP LIMITED
THROUGH ITS MANAGING DIRECTOR BPTP CREST, PLOT #15 UDYOG VIHAR PHASE IV,
GURGAON
HARYANA - 122015

...........Opp.Party(s)

BEFORE:
	HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT

For the Complainant :

For the Complainants : Mr. Ankit Mittal, Advocate

For the Opp.Party :

For the Opposite Party : Mr. Pragyan Sharma, Advocate
Mr. Mudit Makhijani, Advocate

Dated : 21 Feb 2022

ORDER

The present Consumer Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) against Opposite Party M/s. BPTP Limited (hereinafter referred to as Builder).

The facts of the case as enumerated in the Complaint are that Brij Mohan Mittal and his wife Smt. Uma Mittal (hereinafter referred to as the Complainants) were in search of a plot for their residence in Greater Faridabad. BPTP Ltd. (hereinafter referred to as the ‘Builder’), who is engaged in the business of real estate, launched a residential plot Project ‘Parklands’ (hereinafter referred to as the ‘Project’) in Faridabad in the year 2005 inviting applications for the Plots at the rate of ₹7450/- per sq. yard. The Registration for the booking of the plot could be done by paying booking amount of ₹3 lakh and the balance amount was to be deposited in installments. As per the policy of the Builder the Registration of the said Plots were transferable to the new purchasers. The Complainants purchased the Registration of a residential Plot measuring 250 yards @ ₹7450/- per sq. yard and got it transferred in his name. It was stated that ₹450/- was refunded back as incentive / discount, therefore, the effective cost of the plot was ₹7000/- per sq. yard and which was payable in installments. The Builder allotted a Plot measuring 250 sq. yard being Plot No. E35-1 to the Complainants on 20.06.2007. It is alleged that the Builder handed over the possession of the Plots to each and every Registration Holders of the year 2008 – 2009 except the Complainants. The Builder changed the Plot number of the Complainant from E-35/1 to B-17/07 vide letter dated 15.10.2009. It is alleged that vide letter dated 14.05.2016, the Builder changed the area of the plot from 250 sq. yard to 939 sq. yard and allotted another plot, i.e., Plot No. E-23 to the Complainants and thus, burdened the Complainants with extra cost of 689 sq. yards. As per demand of the Builder the Complainants deposited 1^st EMI and 2^nd EMI of ₹62811/- and ₹6,00,000/-, calculated @ ₹7450/-, for extra 689 sq. yrd. against Plot No. E-23 on 5.07.2016 and 28.07.2016 respectively. It is further alleged that on 27.02.2017 the Builder called Complainant to their office for handing over the possession but forcibly took the signatures of the Complainants on some paper and demanded the cost of extra 689 sq. yard @ ₹10,000/- in one time alongwith interest @18% on delayed payment beyond 31.05.2017. The Builder used this paper as MOU for justification of increased rate and onetime payment, whereas it is the case of the Complainant that they are entitled for the whole plot of 939 sq. yard at old rates, i.e., @ ₹7450/-. It was also stated that Complainants filed a case before the Permanent Lok Adalat which returned the Complaint to the Complainants with liberty to resort any other civil / criminal legal remedy. Alleging deficiency in service on the part of the Builder, the Complainants has filed the present Complaint with following prayer:-
“a) Deliver the possession of plot No. E23, BPTP Parkland Faridabad, to Complainant @7000/- per sq. yard, in instalments;

b) Claim PLC and all other misc. taxes etc., as approved by Government of Haryana / India;

c) Pay ₹1,00,00,000/- as com

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