ORDER

JUSTICE SUDIP AHLUWALIA, MEMBER

Both these Consumer Complaints are filed under Section 21 of the Consumer Protection Act 1986, against Vatika Limited seeking refund of the entire amount collected by the Opposite Party from the Complainants towards consideration of the residential Units alongwith interest, compensation and costs.

CC/523/2020

The Complainant is an allottee of a residential Apartment in the project “Sovereign Next” of the Opposite Party situated at Sector-82A, Gurugram.  In March 2012, the Complainant booked an Apartment in the said Project by paying a booking amount of Rs. 7,73,456/-. The Opposite Party issued to the Complainant an Allotment Letter dated 23.4.2012 whereby Apartment No. 201, Tower-D, was allotted.

On 4.12.2012, a Builder Buyer Agreement was executed between the Complainant and the Opposite Party with respect to the said Apartment measuring 2600 sq. ft. having total sale consideration of Rs. 1,70,10,400/-.  The Opposite Party had demanded and the Complainant had paid a total sum of Rs. 1,48,64,390/- (Rupees One Crore Forty Eight Lakhs Sixty Four Thousand Three Hundred Ninety Only) to the Opposite Party.

As per Clause 14 of the said Agreement, the possession of the Apartment was to be handed over within 3 years from the date of execution of the Agreement.  Therefore the possession was supposed to be handed over by 4.12.2015. However, the Opposite Party has failed to deliver possession within the stipulated time and even after 04 years from the promised date.  

Aggrieved by the delay, the Complainant has filed this Complaint against the Opposite Party on the ground of deficiency in service and unfair trade practice, praying for refund of the money paid alongwith interest and compensation.

CC/524/2020

The Complainant is an allottee of a residential Apartment in the project “Sovereign Next” of the Opposite Party situated at Sector-82A, Gurugram.  In March 2012, the Complainant booked an Apartment in the said Project by paying a booking amount of Rs. 9,51,936/-. The Opposite Party issued to the Complainant an Allotment Letter dated 23.4.2012 whereby Apartment No. 302, Tower-C, was allotted.

On 4.12.2012, a Builder Buyer Agreement was executed between the Complainant and the Opposite Party with respect to the said Apartment measuring 3200 sq. ft. having total sale consideration of Rs. 2,07,62,800/-.  The Opposite Party had demanded and the Complainant had paid a total sum of Rs. 1,81,27,559/- (Rupees One Crore Eighty One Lakhs Twenty Seven Thousand Five Hundred Fifty Nine Only) to the Opposite Party.

As per Clause 14 of the said Agreement, the possession of the Apartment was to be handed over within 3 years from the date of execution of the Agreement.  Therefore the possession was supposed to be handed over by 4.12.2015. However, the Opposite Party has failed to deliver possession within the stipulated time and even after 04 years from the promised date. 

Aggrieved by the delay, the Complainant has filed this Complaint against the Opposite Party on the ground of deficiency in service and unfair trade practice, praying for refund of the money paid alongwith interest and compensation.

4.      The Opposite Party has contested these complainants by filing its Reply.  While admitting the fact that there is a delay in delivery of possession, the Opposite Party has stated in its Reply that these complaints are not maintainable due to lack of pecuniary jurisdiction as per the enactment of the Consumer Protection Act, 2019, and are liable to be dismissed. It has also been stated that the Complainant in both the complaints is not a ‘Çonsumer’ within the purview of the Act but is a dabbler in real estate who has made multiple bookings with a view to earn rental income and/or sell the Unit/Apartment at a profit.  The Opposite Party has stated further in its reply that the Complainant and her husband-Ravindra Punde, vide four separate ‘Application for allotment of an Apartment’ all dated 13.3.2012 had applied for bookings