REKHA GAUTAM Vs. AMBIENCE INFRASTRUCTURE PVT. LTD

JUDGEMENT

(1.) The present Complaint is filed under Sec. 21(a)(1) of the Consumer Protection Act, 1986.

(2.) The Complainant approached Opposite Party, in pursuance to the publicity made by them, for purchase of a shop at Ambience Mall, Gurgaon on 14/5/2004. In accordance with the conditions of the allotment, the Complainant submitted an application duly signed by her, along with a cheque of Rs.2.00 lacs for purchase of shop at Ground Floor of Ambience Mall, Gurgaon. During 14/5/2004 to 31/10/2004, the Complainant paid Rs.10,13,750.00 to Opposite Party towards the allotment money. Upon receipt of the same, Opposite Party allotted Shop No. G-59 at Ambience Mall, Ambience Island, NH-8, Gurgaon to the Complainant, vide letter dtd. 25/11/2004. As per the instalment payment, total amount of Rs.1,09,16,780.00 was to be paid to Opposite Party in 10 instalments within 24 months. Opposite Party promised to handover possession of the shop within 36 months from the date of the execution of the agreement including 6 month of moratorium period, failing which Opposite Party was to pay Rs.25.00 per square per month for any delay in handing over the possession to the buyer. In accordance to the condition mentioned in the application form, the Opposite Party was required to enter into an agreement with the Complainant after receiving full allotment money. After payment of full allotment money on 31/10/2004 to the Opposite Party, the Complainant repeatedly requested the concerned Executive Shree Sumit, and Vice President Shri Ramesh Shah of Opposite Party, to execute and enter into Commercial Space Buyer Agreement, but in vain.

(3.) Opposite Party, vide its letter dtd. 5/7/2005, informed that due to change in layout plan, the shop allotted to the Complainant had been changed from G-59 to-G-51 and the area of the shop has been increased to 1599.53 sq. ft. from 1559.54 sq. ft. and accordingly the value of shop had been proportionately increased to Rs.1,11,96,710.00. Inspite of receipt of full sale price and other dues amounting to Rs.1,13,69,585.00, i.e. Rs.1,72,875.00 more than the sale price towards for sale of Shop No. G-51 by the Opposite Party on 20/12/2006, no sale deed was executed in favour of the Complainant.