POORNIMA ADVANI Vs. INDIA BUILDERS CORPORATION

JUDGEMENT

(1.) This com-plaint has been filed by the complainant, Dr. Poornima Advani & Ors. complaining deficiency in service on the part of the opposite party, M/s. India Builders Corporation & Ors.

(2.) Briefly the facts of the case are that complainant booked a flat with the O.Ps. in September, 1996 and the complainants were allotted flat No. C/07/01 in "C" Block of Platinum City in Bangalore for a total consideration of Rs. 16,01,522/-. Instalments were paid as per schedule. During the visit of the complainant in January, 1998 to Bangalore after discussion with O.Ps., it was agreed to allot flat No. A/04/02 and all the instalments paid against C/07/01 were transferred in favour of Flat No. A/04/02. The price of newly allotted flat was to be Rs. 19,27,400/-. According to the instalment plan, as per O.Ps. letter dated 7th January, 1998, 95% of the total cost was payable by September, 1998 and five percent on possession. Presumption was that flat would be delivered within the year 1998. When the complainants took up the matter for handing over the possession of the flat A/04/02 in Platinum City, several alternative offers were made by the O.P., but no firm commitment was forthcoming on the date of handing over the possession of A/04/02. Admitted position is that from the complainant, Rs. 15,14,920/- stood paid by October, 1998 but work had not started in the construction of "A" Block i.e. and as late as 11th September, 1998, the O.Ps. informed the complainant that delay in handing over the possession could range between 12-18 months. When even after expiry of this period, completion of "A" Block and Flat No. A/04/02 was nowhere in sight, the complainant wrote to the O.P. on 7th May, 2001 to refund the entire deposited amount. Getting no reply from the O.P. on this letter the complaint has been filed by the complainant in July, 2001 praying for following reliefs :

(3.) Notice was issued to the O.P. who have filed a written version. They have stated that complainant is not a consumer and the complaint is barred by limitation. The complainant has asked for a specific performance of a contract which is outside the purview of C.P. Act, 1986. The delay in handing over the possession is on account of unavoidable reasons. The O.Ps. have already offered possession of Plot No. C/07/01 for the interregnum period till flat A/04/02 is ready but the complainant has not accepted it. O.Ps. are agreeable to refund of money deposited without interest. In the agreement there is no provision of payment of interest and that the claim has been inflated.