JAG MOHAN CHHABRA Vs. DLF UNIVERSAL LTD

JUDGEMENT

(1.) -Complainant Nos. 1 and 2 booked on 27.8.1990, Town Houses proposed to be constructed by the opposite party on the ground, first and second floors of Plot No. B-3/20, DLF-1, Gurgaon. Possession thereof was to be given to the complainants within 3 years from the date of booking. An agreement dated 30.7.1991 was also executed between the parties. Complainants further booked on 14.11.1995 an apartment bearing No. 308B proposed to be constructed by the opposite party in the name and style of Hamilton Court in Gurgaon. Possession of the said Town Houses was taken by the complainants on 15.9.2003 under protest. It is alleged that Town Houses had deficiencies in construction and design. In para No. 5 of the complaint, the breakup of the amount claimed has been shown thus:

(2.) WE have heard Mr. K.P.S. Rao for the complainants on admission. Evidently, ground, first and second floors in Town Houses and apartment No. 308B in Hamilton Court were purchased by the complainants for earning profits and transaction is thus relatable to commercial purpose and complainants not being the "consumers" within the meaning of Section 2(1)(d) of Consumer Protection Act, 1986, the complaint itself is not maintainable under the Act. Moreover, for adjudicating the claim made, voluminous evidence will be needed and the complaint, therefore, cannot be decided in summary procedure under the Act. Hence, the complaint is disposed of with liberty reserved to the complainants to approach the Civil Court to seek the recovery for the amount claimed from the opposite party. Complainants may seek exclusion of the time spent in prosecuting this complaint before this Commission by filing application under Section 14 of the Limitation Act, 1963 as held by the Apex Court in Laxmi Engineering Works v. P.S.G. Industrial Institute, II (1995) CPJ 1 (SC)=(1995) 3 SCC 583. Complaint disposed of.