ROHIT KAPOOR Vs. BPTP LTD. & 4 ORS.

JUDGEMENT

(1.) The opposite party is developing a residential colony namely 'Park Land' in Sector 85 of Faridabad. Mr. Rohit Kapoor, being the complainant in CC/567/2015 and Mamta Kapoor being the complainant in CC/568/2015 acquired the bookings of one plot each in the aforesaid project from the original allottee of the said plots. As per Clause 22.1 of the Plot Buyers Agreement, the possession of the plots was to be delivered within 24 months from the sanction of the service plan of the entire colony. The sale consideration for the plot, subject matter of CC/568/2015 filed by Smt. Mamta Kapoor was agreed Rs.39,03,850/- though she claims to have already paid a sum of Rs.66,24,381/- before filing the complaint. Alleging failure of the opposite party to deliver possession of the plot booked by her, she has approached this Commission seeking delivery of the possession of the said plot. She has also sought refund of the excess amount alleged to have been charged from her along with interest and compensation quantified at Rs.125 lacs and compensation on account of escalation of the cost of construction quantified at Rs.68.00 lacs.

(2.) In CC No. 567 of 2015 filed by Mr. Rohit Kapoor, it is alleged that the original basis sale price of Rs.19,66,800/- but he had also paid Rs.41,88,163/- before filing of the complaint. He is also seeking possession of the plot booked by him, along with refund of the excess amount alleged to have been charged from him with compensation etc., quantified at Rs.84.00 lacs and compensation on account of escalation in the cost of construction, quantified at Rs.41.00 lacs.

(3.) The complaint has been resisted by the opposite party on several grounds including that the complainants are not consumer as defined in the Consumer Protection Act.