MADHU SAIGAL Vs. OMAXE BUILDHOME PVT LTD

JUDGEMENT

(1.) The main controversy swirls around the question, "Whether, the complainants can invest, by purchasing more than one apartment, from the Opposite Parties?". Are they, consumers?. The complainants have filed a lengthy complaint, running into 42 pages, however, the sum and substance of the above said controversy lies in the above said question.

(2.) This is a case of two senior citizens, Smt.Madhu Saigal, aged about 73 years and her husband, Mr.Ashok Saigal, aged about 76 years. They have invested their life savings to the tune of over Rs.2.00 crores, in purchase of two apartments, in a Project in the hope of spending their retirement life, with their son, Sh.Amit Saigal. Unfortunately, their son, passed away. It is alleged that they have suffered at the hands of Builder, OP1, at every stage, right from the inception, till now. Although, they have paid the entire amount, yet, the possession of the flats have not been given to them. Ms.Aditi Saigal, is grand-daughter and sole-surviving descendant of complainant No.1 and her husband, having been substituted as a co-allottee, in place of her son, Sh.Amit Saigal.

(3.) However, the question revolves around the controversy, whether, the complainants are entitled to invest in more than one apartment? Although the complainants have not stated in so many words, as to how many apartments, they were going to purchase, yet, it appears that they were going to purchase two apartments as is apparent from the following pleas: