SHIKHA BIRLA Vs. DLF RETAILERS DEVELOPERS LTD

JUDGEMENT

(1.) The main question which falls for consideration, at the time of admission of this complaint, is "Whether the complainant, Ms.Shikha Birla, is a Consumer?" In order to appreciate the above said question, it would be worthwhile to state the facts of this case.

(2.) The Complainant was interested to purchase a business placeat The South Court, DLF, Saket, New Delhi. Initially, the property bearing No. BSP-DSC-BSP-DSC 141, measuring about 1195 sq.ft was allotted in favour of Mr.Ashiwani Bahl. He paid first to fourth instalments during the year 2005-06, in the sum of Rs.30,47,250/-, Rs.20,31,500/-, Rs.20,31,500/- and Rs.20,31,500/- respectively. On 07.03.2006, Mr.Ashiwani Bahl, entered in a retail/commercial space buyer's agreement with the DLF Retailers Developers Ltd, the OP in this case. On 15.05.2006, Ms.Shikha Birla, the Complainant entered in an agreement of sale of the said property in question with Mr.Ashiwani Bahl and on the same very day, permission was also obtained from the OP to appoint the complainant as a nominee to be substituted in the place of Mr.Ashiwani Bahl. Rest of the instalments were paid by the Complainant.

(3.) The plot of the complainant was shown as "L" shaped property and not a "rectangular box". On 11.04.2010, the OP reduced the area of the property of the complainant to 1494 sq.ft. The "L" shaped plot was arbitrarily changed to a rectangular box. The initial area was 1195 sq.ft which was an "L" shaped plot. The said area was not reduced, but increased. However, the shop on the plot was changed without the consent of the complainant. The OP company issued the possession letter without having the occupancy certificate. It also demanded maintenance charges. Consequently, this complaint was filed with the prayer that the OP should be directed to handover the possession of the said plot, as per the terms and conditions of the contract and compensation be granted.