KURAMAL GUPTA & OTHERS Vs. HUDA & ANOTHER

JUDGEMENT

(1.) By this order, we propose to dispose the above noted revision petitions involving similar question of law and facts.

(2.) Briefly stated the facts relevant for the disposal of the revision petition are that complainants participated in an open auction for commercial sites in Sector 20 Panchkula. The complainants made highest bid of Rs.63,70,000/- for commercial site SCO No.389. 10% of the amount i.e. 6,37,000/- was deposited at the spot. An allotment letter was issued in favour of the complainants on 10.05.2000. As per the terms and conditions, the complainants were required to deposit a further sum of Rs. 8,42,500/- within 30 days of the date of allotment letter and balance 75% of the consideration amount was required to be paid without interest within 60 days or with 15% interest in half yearly instalments. As per the allotment letter, the possession of the plot was to be offered immediately on payment of balance 15% of the bid amount as the work in the area was already completed. According to the complainants despite of the fact that they had fulfilled their part of agreement, the respondent opposite party failed to deliver possession of the SCO site as actual demarcation plan of shopping center Sector 20 was not available on the site plan. Claiming the failure of the opposite party to deliver possession as deficiency in service, the complainants raised a consumer dispute before the District Forum Panchkula.

(3.) The respondent opposite party in their written statement took a preliminary objection that the complaint was not maintainable before the District Forum as the complainants were not covered under the definition of "consumer". The allegations on merits were also disputed.