PARASRAMKA HOLSINGS PVT LTD Vs. AMBIENCE PRIVATE LTD

JUDGEMENT

(1.) M/S Moran Plantation Pvt. Ltd. has filed the instant complaint against the opposite party M/s Ambience Pvt. Ltd. on the allegation of deficiency in service on the part of the opposite party in relation to an apartment booked by the complainant being apartment No.702, I-Block, Caitriona relating to Island project undertaken by the opposite party.

(2.) It may be noted that earlier also the complainant filed a consumer complaint against the opposite party on the allegations of deficiency in service in respect of builder-buyer agreement executed between the parties in relation to the allotment/purchase of the above-noted apartment. The said complaint being consumer complaint No.307/2012 was dismissed by the Co-ordinate Bench of this Commission vide order dated 2nd September, 2013 on the ground that the complainant is not a consumer and as such it could not raise the consumer dispute. The Co-ordinate Bench, however, gave liberty to the complainant to approach the Civil Court to seek its remedy.

(3.) Being aggrieved of the order of the Co-ordinate Bench dated 2nd September, 2013, the complainant filed SLP in the Supreme Court which was admitted and listed as an appeal. During the pendency of the appeal before the Supreme Court after some discussions between the parties it was agreed that in the event of the complainant making payment of Rs.2,37,37 ,617/- the allotment of the complainant would be restored and the conveyance deed shall be executed in favour of the complainant. A supplementary agreement to the above effect was executed between the parties. Pursuant to the supplementary agreement, the complainant made the entire agreed payment and the opposite party executed the conveyance deed of the subject flat in favour of the complainant and delivered the possession to the complainant.