C M SETHI Vs. AHLUWALIA CONSTRUCTION INDIA LIMITED

JUDGEMENT

(1.) Briefly the facts are that the complainant applied for registration for the allotment of an apartment in the residential complex proposed to be developed and constructed by the respondent company in Vaishali Township Scheme. It is alleged that she deposited an amount of Rs.65,259/- as Booking charges on 21.8.89. Later she had been depositing the installments. In al she deposited an amount of Rs.2,61,000/- including the amount of Rs.65,250/- as detailed in Annexure 'a'. However, the respondent has not given the flat to the complainant till date. Consequently it is prayed that the respondent be directed to refund the said amount along with interest @ 24% p. a.

(2.) The complaint has been contested by the respondent. They have inter-alia pleaded that the complainant is not a 'consumer' as defined in the Consumer Protection Act. It is further pleaded that the case contained intricate questions of law and fact and consequently the complaint is liable to be dismissed.

(3.) On merits it is pleaded by the respondent that they deposited the plans etc. for approval of the Ghaziabad Development Authority. However, when the plans were pending before them the government stopped all further actions with regard to the plot in question. The respondent challenged the order of the government before the Allahabad High Court and the Hon'ble Court directed the GDA on 20.11.1990, to consider the plans submitted by the respondent and pass orders within two weeks. In pursuance of that order, the GDA had sanctioned their plans on 23.2.1991. The excavation work was started immediately thereafter and completed in the beginning of March' 91. They, after the excavation work, requested the complainant to pay the 5th installment of 5% which was not paid inspite of various reminders. The ground floor slab was laid in September '91 and 6th installment became due but that was not paid by her.