SANGEETA SHARMA Vs. G S PROMOTERS & DEVELOPERS

JUDGEMENT

(1.) THE facts germane to the case of Smt. Sangeeta Sharma, the complainant are these. She purchased flat No. 637 "Panchkula Heights" situated at Peermuchalla Zirakpur, Punjab from M/s G.S.Promoters and Developers, Panchkula, , Opposite Party, for a sum of Rs. 24,00,000/ -. She paid a total sum of Rs. 22,00,000/ - to the OP. She was to pay a sum of Rs. 2,00,000/ - at the time of delivery of possession of the flat, which was to be given on 30.11.2010. It was also stipulated in the agreement dated 11.05.2010 that in event of failure of delivery of the possession of the flat, the OP was under an obligation to pay the penalty of Rs. 9,000/ - per month (i.e. Rs.5/ - per square feet per month). The OP neither delivered the possession nor paid the penalty. The District Forum held that OP is guilty of deficiency in service and also of adapting unfair trade practice. The District Forum allowed the present complaint and gave the following directions: -

(2.) AGGRIEVED by that order, the OP filed an appeal before the State Commission.

(3.) THE State Commission vide its order dated 20.12.2011, placed reliance on Apex Court authority reported in the case titled "Sonic Surgincal Vs. National Insurance Company Limited, 2010 CTJ 2, it has been held by the Hon'ble Apex Court that expression 'branch office' in the Act means the branch office where the cause of action has arisen. Admittedly, in the present case, the flat in question of the complainant is located at Peermuchalla, Zirakpur, Punjab, therefore, complainant has no cause of action to file the complaint at District Forum, Panchkula."