SPAZE TOWERS PRIVATE LIMITED Vs. PROMIL YOGESHWAR TREHAN

JUDGEMENT

(1.) The present Appeal has been filed against the interim Order dtd. 11/1/2020 passed by the Delhi State Consumer Disputes Redressal Commission (hereinafter to be referred to as "State Commission"), whereby the Application, seeking permission to file additional documents, moved by Spaze Towers Private Limited (hereinafter referred to as the Appellant Builder) was dismissed.

(2.) Brief facts of the case are that Promil Yogeshwar Trehar and her son Mr. Utpal Trehan (hereinafter referred to as the Respondents) booked a Unit in the Project 'Space Buziness Park' to be developed by the Appellant Builder. Unit No. G-8 was provisionally allotted to the Respondents for a total sale consideration of ?51,82,346/- vide allotment letter dtd. 22/1/2010 stating that the Builder Buyer Agreement shall be executed upon payment of at least 30% consideration. Despite reminders when the Respondents failed to make the payment of 30% of the Basic Consideration till Feb., 2013, i.e., after more than 3 1/2 years from the date of booking, the Appellant Builder vide letter dtd. 19/2/2013 cancelled the provisional allotment of the said Unit and sent the Final Statement of Accounts after deducting 15% earnest money from the amount deposited by the Respondents.

(3.) Being aggrieved, the Respondents/Complainants filed Consumer Complaint before the State Commission. Reply was filed by the Appellant Builder. It is the say of the Appellant that without seeking permission of the State Commission, the Respondents/Complainants filed their Evidence by way of Affidavit alongwith 6 new sets of documents before the State Commission. The Appellant Builder filed Application seeking permission to place on record additional documents in support of the pleadings made by it in its Written Statement. Vide Order dtd. 11/1/2021, the State Commission dismissed the said Application filed by the Appellant Builder.