ANIL DUTT Vs. BUSINESS PARK TOWN PLANNERS LTD

JUDGEMENT

(1.) The whole controversy pivots around the question, "Whether the complainant is a 'consumer', under the Consumer Protection Act, 1986".

(2.) The instant complainant is filed by Sh. Anil Dutt, the complainant.

(3.) As there was delay on the part of the opposite party to provide the plots, the complainant and his family members withdrew their interest in the said plots and, therefore, vide letter dated 15.12.2007 requested the Opposite party to re-group all the aforesaid plots and restrict to only four plots, admeasuring 300 sq.yds., each, and adjust the entire advance paid to the opposite party, towards those four plots. On 06.06.2008, the opposite party allotted only three plots, of different size, admeasuring 327, 327 & 345 sq. yards, respectively, and the complainant was asked to pay the amount in respect of those plots. The fourth plot was not allotted. On 22.07.2008, OP allotted another plot bearing No.W4-11, admeasuring 303 sq. yards and directed the complainant to pay Rs.9,33,193/-, by 06.08.2008. The above said four plots were allotted unilaterally, without any confirmation /consent/ approval of the complainant. The complainant was to pay a sum of Rs.54,60,000/- against the entire sale consideration of 4 plots @ Rs.10,800/- per sq. yards. The complainant again paid a sum of Rs.32,87,425/-, vide demand letter dated 12.08.2008, received from the OP.