LAWS(DELCDRC)-2012-4-3

JITENDRA SHIVHARE Vs. BPTP LTD.

Decided On April 13, 2012
Jitendra Shivhare Appellant
V/S
Bptp Ltd. Respondents

JUDGEMENT

(1.) A flat bearing No. F -803, 8th Floor, at Freedom Park Life, Sector -57, Gurgaon being developed by OPs, was booked by one Sh. Surender Wadhwa with the respondent No. 1 BPTP on 15.9.2006 by paying an amount of Rs. 39,00,000 out of total sale consideration of Rs. 51,35,000. Subsequently on 21.7.2000, the complainants entered into an agreement to purchase with the erstwhile allottee Sh. Surender Wadhwa with the consent of the OPsvide their endorsement dated 8.0.2008 by making payment of Rs. 39,00,000 to the erstwhile owner on 15.9.2006. Subsequently the complainants paid balance amount of Rs. 12,35,791 to the OPs and the OPs executed on 3.9.2010 a registered Conveyance Deed in favour of the complainants.

(2.) THE complainant thereafter alleging deficiency in service against the OPs that they had charged increase external development charges (EDC), power backup charges, which were earlier advertised by the OP as free service, and common facilities like Club and Recreation, etc. promised by the OPs, were not provided to the complainant, filed a complaint before the District Forum praying that the OPs be directed to pay them an amount of Rs. 14,00,000 on various heads besides Rs. 2,00,000 as compensation for harassment and also the costs.

(3.) THAT is what brings the complainants in appeal before this Commission.