M2K COUNTRY HEIGHTS DHARUHERA Vs. RAJESH KUMAR

JUDGEMENT

(1.) This revision is directed against the impugned order of the State Commission dated 11.10.2012 whereby the State Commission dismissed the appeal preferred by the petitioner against the order of the District Forum Gurgaon dated 24.03.2011 which reads as under:

(2.) Briefly stated the facts relevant for the disposal of this revision are that the respondent / complainant filed a consumer complaint against the petitioner / opposite party alleging that lured by the advertisement / brochures of the petitioner company, the complainant booked a flat in the proposed project of the petitioner, namely, M2K Country Heights Dharuheda on payment of Rs.3,00,000/-. Pursuant to the booking, the complainant was allotted apartment no. E-1108, Tower No.E, 11th Floor measuring 1425 sq. ft @ 1495 per sq. ft. It was alleged in the complaint that the complainant visited the office of the petitioner / opposite party on several occasions to find out about the location and progress of the project but no information was given to him. The complainant even sent written reminders to the opposite party to find out about the progress of the project but to no avail. It was also alleged that opposite party had taken a booking amount of Rs.3,00,000/ without having any CLU or license to construct. Claiming this to be deficiency in service, the complaint was filed. The petitioner / opposite party contested the complaint claiming it to be false and frivolous. It was further admitted that the complainant vide his application dated 16.01.2007 booked an apartment in the proposed housing project "M2K Country Heights" at Dharuheda, Haryana. The complainant was informed about the specifications including tentative super area, basic sale price as also the tentative date of delivery of possession vide letter dated 17.05.2007 and the allotment letter was issued in favour to the respondent complainant on 14.08.2007. It was also pleaded that the construction of the residential complex commenced on 21.09.2007 after obtaining requisite approvals and permissions from the competent authority. According to the petitioner, the possession of the apartment is to be delivered within the parameters of the terms and conditions of the agreement and that there is no deficiency on the part of the opposite party and on the contrary, complainant has defaulted in making payment of instalment as per the agreed payment schedule, therefore, his allotment / booking is liable to be cancelled.

(3.) The District Forum Gurgaon on consideration of the evidence allowed the complaint in above noted terms.