VANDANA AGGARWAL Vs. MAHAGUN DEVELOPERS LTD

JUDGEMENT

(1.) THE revision petitioner, Ms. Vandana Aggarwal has challenged the decision of the Delhi State Consumer Disputes Redressal Commission in FA No.178 of 2010. THE State Commission has dismissed the appeal of the Complainant (present revision petitioner) in limine, confirming the order of the District Forum dismissing the complaint.

(2.) THE facts as seen from the record, relate to purchase of a fully developed flat of HIG category for a consideration of Rs.37,50,000/-. THE sale deed in this behalf was registered on 15.6.2007. Over two years later, the consumer complaint was filed before the District Forum on 17.12.2009, alleging that -

(3.) PROCEEDINGS before this Commission also show that on 4.3.2011 and again on 21.3.2012 requests were made on behalf of the revision petitioner for time to produce relevant documents to show the exact date of possession of the flat. Time sought was allowed but no documents were produced. From the documents later brought on record by the respondent, we find that physical possession of the flat No.1302 was accepted by the revision petitioner on 7.6.2007. The document is listed as Certificate of Transfer of Possession and is numbered 197 of 7.6.2007. This shows clearly that the possession was taken sufficiently before the date of registration of sale, as mentioned in the written response of the OP.