NITESH KUMAR Vs. NIRALA INFRATECH PVT. LTD

JUDGEMENT

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

(2.) The case of the Complainants is that Complainant No.l booked Flat Nos.503, 603, and 704, on 8/9/2010 for himself and his relatives in Nirala Estate situated at Plot No.GH-04 Tech Zone-IV, Greater Noida, U.P., by depositing a sum of Rs.50,000.00 for each flat. Later, Complainant No.l, on behalf of Complainant No.4, booked three more flats bearing No.803, 804 and 903 by making a payment of Rs.30,000.00, vide Cheque No.590060 on 15/10/2010. Mr. Archit Bansal, on behalf of Opposite Party, assured Complainant No.1 that although booking of flats were through one cheque, the flats would be transferred to the actual buyers at the time of Allotment Letter/Tri-party Agreement. It was also assured that the builder buyer agreement cum allotment letter would be sent to the Complainants within a week as per the policy of the company. Opposite Party subsequently disclosed to Complainant No.1 that the land of project was in litigation and as soon as the litigation was over, the Complainants would be allocated flats either in the same project or in another project, depending on the outcome of the litigation. In September, 2012 the litigation qua land pertaining to the project was decided in favour of the Opposite Party. On 25/10/2013, the Opposite Party issued payment reminder, whereupon the Complainants visited office of the Builder on 3/11/2012, 4/11/2012, 27/11/2012 to collect the allotment letter, Tri-party Agreement and Builder Buyer agreement for processing the loan amount from Corporation Bank. As the allotment letter was getting delayed, Complainant No.1 applied for Home loan pre approval so that loan process could be expedited. On 5/12/2012, Complainant No.1 again visited the Office of the Opposite Party for the documents and submitted a copy of Home Loan approval.

(3.) Complainant No.2 again on 22/1/2013 and 12/2/2013 sent emails requesting the Opposite Party to provide tri-party agreement but the Opposite Party did not give any response. On 16/2/2013, the Opposite Party agreed on releasing allotment letters and tripartite agreements for the respective flats on payment of Rs.1.5 lakhs as advance towards each flat. On reaching office of Opposite Party No.1 with cheques amounting to Rs.1.50 lacs each, Complainant No.1 was asked to sign an additional document which would enable the Opposite Party to cancel the flat at their discretion. Complainant No.1 refused to sign the document, whereupon Mr. Archit Bansal, representative of the Opposite Party snatched all the documents including signed copy of allotment letters, tripartite agreements etc. from Complainant No.1.