LAWS(NCD)-2016-3-20

MEHMOODA SHEIKH Vs. M/S. DISTINCT INFRASTRUCTURE LTD.

Decided On March 14, 2016
Mehmooda Sheikh Appellant
V/S
M/S. Distinct Infrastructure Ltd. Respondents

JUDGEMENT

(1.) This order shall decide all the cases detailed above. Two complainants, belonging to one family, separately, filed complaints against the same Promoter/Builder - OPs, as mentioned above. It is not out of place to mention here that the entire family lives in one House, i.e., HIG, 5 -Shivaji Nagar, Bhopal. They are accustomed to live in one house, from the time immemorial.

(2.) It was argued that Smt. Mehmooda Sheikh has got five sons and two daughters. Out of five sons, three are residents of foreign countries. There is no inkling in the evidence on record that they have any intention to return to their country.

(3.) M/s. Distinct Infrastructure Ltd., OP1, transacts the business of selling plots to public, after developing the residential colonies. Sh. Ramkant Vijayvargiya, OP2, is the Managing Director of the Company, OP1. The complainants executed the following agreements dated 22.02.2009 with the local office of the company, Dil Platinum Plaza, 4 th Floor, Mata Mandir, Panchwati Phase -I, Bhopal, for taking a completely developed plot in Panchwati Enclave, Phase -3, Village -Laukheri, Airport Road, Bhopal, as follows :