TDI INFRATECH LIMITED Vs. SHANTI DEVI

JUDGEMENT

(1.) The dispute in this Revision Petition relates to an allegation of deficiency against the Petitioner in its failure to deliver possession of the plot booked and allotted to Respondents No. 1 to 3.

(2.) Consumer Complaint No. 385 of 2021 was instituted by the Complainants, Respondent No. 1 to 3 herein, alleging the failure on the part of the Petitioner resulting in deficiency in service and unfair trade practice. The Petitioner together with the performa Respondents No. 4 to 12 were arrayed as Opposite Parties therein who after notice have put in appearance and the Written Version was filed. The factual aspect about the allotment of the plot to the Complainant was accepted but the relief prayed for was resisted on the ground that the allotted land cannot be delivered to the Petitioner as the land surrounding the allotted plot fell within a "critical gap area " as the acquisition thereof was not complete and the matter was under litigation. It was urged that the acquisition has not become final as no award has been delivered in respect of the said land and as such the access to the plot cannot be developed without the acquisition being complete.

(3.) On contest the District Commission held that the Petitioner Company failed to give the confirmed date of handing over possession and also did not display the correct picture with regard to the project to the Complainants / Respondents inducing them to part with their hard-earned money that amounted to unfair trade practice.