GAUTAM KAPOOR Vs. JAIPRAKASH ASSOCIATES LIMITED

JUDGEMENT

(1.) The complainants booked a residential apartment with the OP in a project namely 'Star Court ' which the OP is developing in Greater Noida. Later on, the allotment was transferred in the name of a company namely Lakshmi Infratel Pvt. Ltd., on the request of the complainant. Since then, the allotment stands in the name of the company. Now this complaint has been filed by the complainants namely Gautam Kapoor and Sonali Sawhney Kapoor in respect of the flats allotment of which they have already got transferred in the name of the above referred company. The following are the prayers made in the complaint:

(2.) The complaint has been resisted by the OP which has taken a preliminary objection that the complaint by the present complainants who have already got the allotment transferred in the name of the company, is not maintainable.

(3.) Since admittedly, the allotment of the flat was transferred in the name of the company, on the request of the complainants, the company alone is entitled to maintain a complaint alleging deficiency on the part of the OP in rendering services to it. Having got the allotment transferred in the name of the company, the complainants are left with no right, title or interest in the flat which was initially booked by them. The complaint by the individuals named above therefore, is clearly not maintainable. The complaint is dismissed with no order as to costs. It is however, made clear that dismissal of the complaint filed by the above referred individuals shall not come in the way of the company instituting an appropriate complaint. If and when such a complaint is instituted, it will be open to the OP to resist the complaint on all such grounds as may be open to it, in law.