SINGHAL FINSTOCK (P) LTD Vs. JAYPEE INFRATECH LTD

JUDGEMENT

(1.) The principal question which swirls around the whole controversy is whether the purpose to purchase of these apartments is for self employment or self use or for commercial purposes to earn profits.

(2.) Singhal Finstock (P) Limited, complainant No. 1, is a company incorporated under the Companies Act, 1956. Mr. Anish Singhal, complainant No. 2 is one of its directors. The complainants are aggrieved by the deficiency in service of opposite parties, namely, Jaypee Infratech Ltd.-opposite party No. 1, Jaiprakash Associates Ltd.-opposite party No. 2, Renaissance Realty-opposite party No. 3. Their allegation is that the opposite parties are not issuing the allotment letter in respect of one flat though the booking amount was paid on 25.3.2011 through cheque. The cheque was duly encashed on 4.4.2011. In the application form and brochure, the opposite parties stated that the area of the flat would be 4400 sq. feet whereas the opposite parties have allotted only 2215 sq. feet. They are trying to charge for parking area illegally.

(3.) As a matter of fact, the complainants booked two apartments with the opposite parties in joint names and paid Rs. 8 lakh each. These residential plots were booked by the complainants for the residence of directors. Provisional allotment letter was issued in respect of one flat only in August, 2011. Thereafter, there was correspondence between the parties but it did not produce the desired result.