M/S. DLF LTD. DLF CENTRE, SANSAD MARG, NEW DELHI Vs. M/S. MRIDUL ESTATE PVT. LTD. THROUGH ITS DIRECTORS, SHRI KAMAL KUMAR SINGH COMPANY, H

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order dated 15.07.2015 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short "the State Commission) in Complaint No. 37 of 2010 M/s. Mridul Estate Pvt. Ltd. Vs. M/s. DLF Ltd. by which complaint was allowed.

(2.) Brief facts of the case are that complainant/respondent applied for a flat with two parking space in the project "The Aralias" at Gurgaon of OP/appellant and paid Rs.24,40,000/- as booking amount on 25.9.2004. Total sale consideration of plot was Rs.2,44,00,000/- and flat was to be handed over in semi-finished position within 18 months from the date of booking and interiors were to be completed by complainant. On 11.5.2005, OP sent drawings of the apartment to complainant for enabling it to plan interior works and complainant proposed some changes in drawings and OP again returned plan proposing certain modifications. OP intimated complainant that they were in process of applying for occupation certificate and raised demand of Rs.12,77,256/- towards increased area which was paid by complainant. It was further submitted that OP offered to shift complainant to another project "The Mangolias" vide letter dated 11.4.2007 which was refused by complainant. Twice theft took place in the apartment. It was further submitted that vide letter dated 24.10.2009, OP cancelled allotment of apartment and complainant requested to restore the allotment for which OP demanded Rs.1,09,63,010/-. Alleging deficiency on the part of OP, complainant filed complaint before learned State Commission.

(3.) Op resisted complaint, admitted booking of flat, payment of amount, cancellation of flat and demand for restoration of flat, but submitted that complaint was not maintainable as complainant was engaged in purchase and sale of real estate with the objective of earning profit and annual turnover of complainant runs into crores of rupees; so, prayed for dismissal of complaint. Learned State Commission after hearing parties, allowed complaint and quashed demand of Rs.1,09,63,010/- and directed to handed over symbolic possession and execute conveyance deed and further directed to pay compensation of Rs.2 lakhs and litigation cost of Rs.50,000/- against which, this appeal has been filed.