RAJESH GUPTA Vs. SHIPRA ESTATE LTD.

JUDGEMENT

(1.) This complaint under Sec. 21 (a) (i) of the Consumer Protection Act, 1986 (in short, 'the Act') alleges deficiency in service and unfair trade practice on the part of the opposite party in rendering service to the complainants.

(2.) The facts according to the complainants, are that they had booked a residential unit/flat GUL-301, Krishna-Shrishti, Plot No. 15, Ahinsa Khand, Indirapuram, Ghaziabad for a total sale consideration of Rs.61,27,500.00 and the same was allotted vide letter dtd. 5/10/2006. The promised date of possession was December, 2008. However, opposite party did not hand over possession on the promised date and vide letter dtd. 24/8/2009 apologized and promised to pay compensation of delay possession @5/- per sq. ft. per month for the period from January, 2009 to July, 2009. As construction of the flat could not be completed, compensation of Rs.1,35,815.00 for the period of September to November, 2009 was also paid by the opposite party. Another cheque of Rs.1,07,231.00 was again paid for settling compensation till March, 2011. After waiting for a considerable period of time, repeated efforts and follow up, complainants finally got possession of the flat on 4/4/2016. After taking over possession, Legal Notice dtd. 16/10/2017 was sent by the complainants to the opposite party for compensation for the period from April, 2011 to April, 2016. No compensation for the above period was given. Being aggrieved, complainant is before this Commission with the prayer to:

(3.) The complaint was resisted by way of reply by the opposite party denying the averments of the complaint. As per opposite party the value of the flat in question in Rs.60,27,500.00 which is below the prescribed pecuniary jurisdiction of this Commission. Hence the complaint is liable to be dismissed on this ground alone. It is averred by the opposite party that possession of the flat was handed over on 15/4/2016 and the complaint has been filed after almost two years in 2018. In these circumstances, the claim ought to be rejected and complaint be dismissed.