M2K INFRASTRUCTURE PVT LTD Vs. ASHU VASUDEV

JUDGEMENT

(1.) Complainants/respondents booked one unit/apartment with the petitioner in its Residential Housing Project at Dharuhera known as "M2K Country Heights" and deposited a sum of Rs.3,00,000 vide cheque on 18.11.2006 along with Advance Registration Application. The remaining amount in respect of the unit/apartment was to be deposited by the respondents as per the Schedule given in the Agreement entered into between the parties. That petitioner sent an Application Form to the respondents on 21.11.2006 wherein respondents were asked to apply for regular allotment but respondents did not apply for the same due to some unilateral conditions contained in the Application Form which were not acceptable to the respondents. It was further stated that respondents were provisionally allotted Apartment No. B-508 in "M2K Country Heights" at Dharuhera on 10.8.2007 without obtaining their consent. That the tentative area of the house was 1250-1350 square feet @ Rs.1,495 per square feet. That respondents made repeated requests to the petitioner for removing the unilateral conditions contained in the Application Form as the same were against the Conditions of Agreement entered into between the parties and also to make the allotment of house No. B-508 regular in the name of respondents as it was made, provisional earlier, which were not acceded to by the petitioner. Thus, being aggrieved, respondents/complainants filed the Complaint before the District Consumer Disputes Redressal Forum, Rewari (for short 'the District Forum').

(2.) On being served, petitioner filed its Written Statement denying the allegations made in the Complaint and prayed for dismissal of the Complaint.

(3.) District Forum, after taking into consideration, the pleadings and the evidence led by the parties, disposed of the Complaint with the direction that the area of house shall notbe increased further. Petitioner was directed to complete the construction work within a reasonable period and not to change the apartment number of the unit/apartment allotted to the respondents. Respondents were directed to pay the balance amount in respect of the unit/apartment allotted to them as per the Schedule already agreed. The operative part of the Order reads as under: