SANGITA SHANKAR Vs. M/S VIPUL LTD

JUDGEMENT

(1.) This Appeal has been filed against the impugned Order dtd. 3/7/2018 in Complaint No. 165/2012, passed by the State Consumer Disputes Redressal Commission, Delhi vide which the Complaint was dismissed.

(2.) The factual background, in brief, is that the Appellants/Complainants booked a 240 Sq. Mt. residential plot with the Respondent/Opposite Party in October 2005 for the upcoming township 'Vipul World' at Sector 48, Sohna Road, Gurgaon. They were among the earliest Applicants, holding priority number 19, and had paid a registration sum of Rs.13,68,000.00. No specific plot was identified at the booking stage. By letter dtd. 2/9/2006, the Respondent allotted Plot No. D-106 to the Complainants without arranging any site visit or indicating the exact location on the ground. A Plot Buyer's Agreement executed in December, 2006 fixed at a total consideration of Rs.58,46,717.76 and prescribed an instalment schedule. Over the next 15 months the Complainants punctually discharged all demands, paying Rs.55,75,465.35 and retaining only the final instalment of Rs.2,71,252.80 contractually payable on possession. On 8/2/2010, the Opposite Party issued a possession intimation. When the Complainants inspected the site on 5/3/2010, they discovered that the Plot D-106 directly shared the boundary with a cremation ground from which offensive odours emanated and funeral pyres were visible, rendering the location unfit for residential habitation, particularly for a family with children. The Complainants immediately requested an alternative plot within the same colony but, despite repeated personal visits and written representations, the Respondent failed to accede. Faced with an uninhabitable site and the Respondent's inaction, the Complainants were compelled to part with the plot. An earlier Consumer Complaint before the Ld. District Forum at Gurgaon was withdrawn with liberty to approach the Forum having territorial jurisdiction at the Respondent's registered office in Delhi. Consequently, the Complainants filed their Complaint before the Ld. State Commission, Delhi.

(3.) The Ld. State Commission vide the impugned Order dtd. 3/7/2018 dismissed the Complaint on the ground that the Complainant had disposed off the plot even before filing of the Complaint.