Reserved

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Complaint  Case No.17  of  2008

1- Mrs. Chandni Maitra w/o Mr. Subhankar Maitra

2- Mr. Subhankar Maitra s/o Mr. S.N. Maitra,

    Both C/o Mr. Shiv Shankar, C-27, Sector-26,

    Noida-201301                                           …Complainants.

Versus

Ansal Hosing & Properties Ltd.,

15, UGF. Indra Prakash, 21, Barakhambha

Road, New Delhi-110001                             ..Opposite party.

Present:-

1- Hon’ble Sri Rajendra  Singh, Member.

2- Hon’ble Sri Sushil Kumar, Member

Dr. Udai Veer Singh, Advocate for the complainants.

Sri V.S. Bisaria, Advocate for the opposite party.

Date : 15.11.2021

JUDGMENT

Sri Rajendra  Singh,  Member- This complaint has been filed by complainant under section 17 of the Consumer Protection Act, 1986.

The complainants’ case is that, that the complainants purchased a plot with semi built up house in OP’s venture Ansal Golf Links-I, Address C-233 on 7.10.1996 and they were given the allotment letter on 25.11.1997 and agreement was signed to this effect and it was agreed between OPs and the complainants that they shall make the necessary payments for the above said plot with semi built up house and OPs will hand over the possession of the said plot with semi built up house on expeditious completion. On 20.12.1999 OPs received the 88% consideration of Rs.1420159.00 as per the

(2)

original allotment for the above said plot with semi built up house. The complainant  were in regular contact with OPs representatives namely Shri A. Kapoor and Shri Dharmendra Jain. Subsequently OPs intimated the complainants about the increase in the area of the plot with semi built up house and therefore, additional amount towards the same was also demanded and the complainants were also told that the same could be paid at the time of handing over the possession. After the intimation for handing over the possession to the complainants, they arrived in India for the same. However, it was to their chagrin that they discovered that the property was in shambles and was sans doors and windows and only formal brickwork had been done at places. Upon objections raised, they were assured of immediate redressal and were told that they would receive a new letter at the earliest.  In the meantime, the complainants also informed OPs about the change of their address from Dubai to Canada and also gave OPs an alternate address at Delhi at the time of booking and first payment and the same stands duly acknowledged by the OPs. It is also pertinent to mention that the complainant’spaid all the dues to OPs authorized management firm M/s Sunrise Estate Management Services on 31.3.2006. During the last two years the complainants could not visit India due to some unavoidable circumstances. It was only in January, 2008 whereupon on inquiry they came to know that the allotment of the plot with semi built up house stood terminated and allegedly a letter to that effect had been sent to their earlier address in Dubai which the complainant never received.

Upon further inquiry by a relative, a copy of the said letter dated 18.10.2007 was obtained by him on 2.2.2008 which called upon the complainants to make some payments failing which the allotment would be cancelled. The OPs act of said cancellation of the their plot with semi built up house which OPs owe to the complainants is illegal and OPs are liable to hand over to the complainants immediately the