INDRAPRASTHA PROMOTERS (P) LTD Vs. UNITECH LIMITED

JUDGEMENT

(1.) ADDITIONAL evidence by way of affidavit has been filed by the opposite party, which is taken on record.

(2.) VIDE letter dated 22.08.2012, the complainant requested the opposite party to transfer the said plot in the personal name of its two Directors namely Mr. Somesh Rai Sahgal and Mrs. Shobhna Sahgal. The opposite party informed the complainant that though every transfer of allotment was subject to transfer charges, they could, as an exception case, allow the transfer of the allotment of plot in the personal name of its two Directors, subject to payment of token money of Rs. 5,000/ - plus service tax. Since the possession of the plot has not been delivered to the complainant despite expiry of the time period stipulated at the time of allotment, the complainant is before us by way of this complaint, seeking refund of the amount which it has paid to the opposite party, alongwith rental loss compensation, cost of litigation etc.

(3.) THE complaint has been resisted by the opposite party, inter -alia, on the ground that the complainant is an investor and not a Consumer within the meaning of Consumer Protection Act.