AMITABHA SEN Vs. RAJ SINGH GEHLOT

JUDGEMENT

(1.) The present Complaint is filed under Section-21 of the Consumer Protection Act, 1986.

(2.) The Complainant is a resident and owner of E-103, Ambience Island Lagoon Apartment at NH-8 in Gurgaon, Haryana. Opposite Party No.1 is the Director of the Opposite Parties Nos.2 & 3, both Private Limited Companies registered under Companies Act, 1956.

(3.) The case of the Complainant is that an Apartment Buyers Agreement, dated 20.10.2001, was executed between the Complainant and Opposite Party No.2. The Complainant paid an amount of Rs. 54,46,706/- towards the purchase of the Apartment . The Complainant paid an additional 13% of sale price in two instalments for the registration of the Deed of Apartment in the names of the Complainant and his spouse. An acknowledgement dated 10.04.2003 confirming receipt of the total amount of Rs.6,61,760/- from Opposite Party No.2 was received by the Complainant. The Conveyance Deed was executed on 16.08.2014. All the registration charges were paid in advance by the Complainant, in anticipation of quick and prompt registration of the Apartment. The Opposite Parties, however, have not executed the Deed of Apartment in favour of the Complainant till date. The Complainant alleged that the Conveyance Deed was forced upon the Complainant by the Opposite Parties in lieu of the Deed of Apartment. It revealed that the Opposite Parties systematically and intentionally defrauded and misled the Complainant. Alleging deficiency in service for not executing Deed of Apartment, the present Complaint has been filed before this Commission with the following prayer:-