VANDANA AGGARWAL Vs. MAHAGUN DEVELOPERS LTD

JUDGEMENT

(1.) THE short facts of the case are that the complainant agreed to purchase a fully finished dwelling unit No. 1302 comprising living room, dining room, three bed rooms, two toilets, kitchen with utility balcony, balconies and terrace of type HIG IT having super buit -up area of approx. 1500 sq. ft. and terrace area of 155 sq. ft. (approx.) on 13th floor of block OSIMO situated at Indrapuram, Ghaziabad from the OP for a consideration of Rs. 3,75,000. The OP allotted the same to him vide letter 15.5.2007 after payment of Rs. 1,87,500 as the earnest amount. The complainant paid the OP the remaining consideration in lieu whereof on 15.6.2007, the OP executed a registered sale deed in name of the complainant of the said flat along with a medium covered parking containing the following recitals in respect of possession of the flat sold to the complainant.

(2.) THE opposite party opposed the claim and filed the written statement alleging that the complainant had ample opportunity to verify the particulars of the property in a period of one month ranging between the allotment and the sale deed. The sale deed contains that after taking the delivery vide the registered sale deed, the vendee (he) cannot raise any objection in respect of measurement, quality of work, specification, etc. of the policy and the complaint deserves to be dismissed.

(3.) ON consideration, the evidence of parties and the terms and conditions of the sale deed as hereinbefore mentioned, the District Forum dismissed the complaint. That is why the appellant complainant has come in appeal before this Commission.