RISHI JAIN & ANR. Vs. PIYUSH COLONIZERS LTD.

JUDGEMENT

(1.) The complainants booked an office space with the OP for the purpose of opening their office. According to them, the booking was made for the purpose of earning their livelihood by means of self-employment in the said office/unit. The OP allotted a commercial unit admeasuring 2800 sq. ft. on the fifth floor of a building namely Piyush Business Park, which it was to construct in Sector-31 of Faridabad. The sale consideration for the aforesaid unit was agreed at Rs.1,33,00,000/- and the parties entered into an Office Buyers Agreement dated 12.10.2006. Since the construction of unit allotted to the complainants was not sanctioned, the parties entered into a second agreement whereby a unit on the ground floor of the proposed building was allotted to the complainants for a consideration of Rs2,25,22,327/-. As per clause 4.a of the said agreement, the possession of the unit was to be delivered to the complainants within 30 months from the date on which the agreement was executed or at best with an extended period of six months thereafter. The possession having not been offered to the complainants even with the extended period, they are before this Commission, seeking possession of the unit allotted to them or in the alternative, refund of the entire amount paid by them to the OP alongwith compensation etc.

(2.) The complaint has been resisted primarily with an objection that the complainants are not consumers within the meaning of Section 2 (1)(d) of the Consumer Protection Act. As noted earlier, the case of the complainants as set out in the complaint as well as in their affidavit by way of evidence is that they did not own any commercial property and therefore, had booked the commercial unit in question for the purpose of earning their livelihood by means of self-employment therein. The complainants are in the business of trading of shares. The learned counsel for the OP however, has drawn my attention to clause 4(d) And (e) of the Buyers Agreement which reads as under:

(3.) For the reasons stated hereinabove, the complaint is hereby dismissed with liberty to the complainants to avail such remedy other than filing a consumer complaint as may be open to them in law. If the complainants approach a Civil Court, it shall be open to them to seek benefit of the provisions contained in Section 14 of the Limitation Act, if such a benefit is otherwise admissible to them in law in which case, the application seeking such a benefit can be opposed by the OP on such grounds as may be open to it in law. The complaint stands disposed of accordingly. The learned counsel for the OP has undertaken not to cancel the allotment for two weeks from today. Subject to orders of the Court/Forum which the complainants may approach for the redressal of their grievances, they shall be entitled to take any action open to them in law after the said two weeks period. Order be given dasti.