SANJAY WADHAWAN Vs. VIPUL IT INFRASOFT PVT. LTD

JUDGEMENT

(1.) Heard the complainant appearing in person and Ms. Arushi Pathak, counsel for the opposite party.

(2.) The aforementioned complaint has been filed for (1) giving direction to the opposite party to hand over possession of the property allotted to the complainant without further delay, (2) to waive off maintenance charges till the date of offer of the said property to the complainant, (3) to pay penalty @ Rs.10.00 per sq. ft. per month from the date of total consideration paid by the complainant to the opposite party, (4) to pay Rs.20,000.00 as compensation for mental agony and harassment or (5) any other relief which is deemed fit and proper in the circumstances of the case.

(3.) Ms. Sirmistha Bhadana purchased unit no.601 on 25/4/2012 and unit no.602 on 24/4/2012 from the opposite party, in the project 'Logix Technova' at Sector-132, Noida. The complainant purchased unit no.602 from Ms. Sirmistha Bhadana on 10/2/2015 and unit no.601 on 25/1/2018. The opposite party duly permitted these sales and enclosed in its record. The opposite party offered possession of flat no.602 and the complainant has also given an Indemnity-cum-Undertaking in this respect on 11/3/2015 but some dispute remained in respect of the other unit as both units were conjunct. Ultimately, dispute between the parties i.e. the complainant, Ms. Sirmistha Bhadana and the opposite party was settled through settlement deed dtd. 11/1/2018. In pursuance of the settlement deed dtd. 11/1/2018, opposite party issued a notice of possession on 14/2/2018 but when the complainant went for taking possession then an extra demand for around Rs.1,50,000.00 has been made due to increase in area. The increase in area was protested by the complainant and he was permitted to measure the area of the office space of flat no.601. On actual measurement, when no increase in area was found, then the opposite party sent an email dtd. 18/1/2018 in which the only objection has been raised that the area of column was not included in the actual measurement. Thereafter, this complaint has been filed on 4/4/2018. The opposite party has filed written reply on 31/7/2018 in which various technical pleas such as the complainant is not a consumer and the complaint has become time barred etc. have been raised but the material fact relating to the settlement arrived between the parties in which the opposite party had duly acknowledged the title and made a commitment for giving possession has not been disputed.