DR. POONAM AGGARWAL WIFE OF DR. O.P. AGARWAL R/O. A Vs. M/S. GUJRAL ASSOCIATES & ANR. THROUGH ITS PARTNER MR. PARAMJEET SINGH GUJRAL, GUJRAL APARTMENTS OPPOSITE JAIN, TEMPLE, RAMPUR GARDEN, BAREILLY

JUDGEMENT

(1.) This first appeal has been filed under section 19 read with section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order dated 14.1.2015, passed by the UP State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in Consumer Complaint No. 09/12, filed by the present appellant Dr. Poonam Agarwal, vide which, the said complaint was ordered to be dismissed on the ground that the complainant did not fall under the definition of consumer, as she had made booking for allotment of 3 flats.

(2.) The facts of the case are that the complainant/appellant Dr. Poonam Aggarwal who is a retired Chief Medical Officer, booked three flats with the opposite parties (OP) builder/developer at a price of 30 lakh for each flat. It has been stated in the grounds of appeal that the flats were booked, one for the complainant herself and two for her daughters. A cheque for 10 lakh dated 107.2009 was issued for booking of the first flat, a cheque for 20 lakh dated 25.07.2009 was issued for the second flat and another cheque for 20 lakh dated 18.08.2009 was issued for the third flat. The OP builders assured that the flats will be ready for handing over the possession and executing the sale-deeds by the Deepawali Festival in 2010, or latest by Dec. 2010. The balance price of 40 lakh in total, for the three flats shall be realised by the OP builder at the time of handing over the possession of the flats. It has been alleged that the OP builders failed to keep their promise of handing over the flats by the time stated above. The complainant sent a legal notice to them on 16.11.2011, asking them to handover the possession and execute the sale deed within 10 days. However, on the failure of the OPs to handover the flats, the consumer complaint in question, was filed seeking directions to the OPs to give the possession of the flats and execute the sale-deeds after accepting the balance amount of 40 lakhs from the complainant. A direction was also sought to pay interest @18% p.a. for the period of delay and 5 lakh as compensation for mental agony and cost of litigation also.

(3.) The complaint was resisted by the OP builders by filing a written statement before the State Commission, in which they stated that the complainant had entered into an agreement with one Tejinder Pal Singh for selling of their residence for a sum of Rs. 2,50,00,000.00. The advance money of 50 lakh for booking of the three flats was given by the said Tejinder Pal Singh to the complainant. The OP Builder in turn, advanced loan to Tejinder Pal Singh to execute the sale-deed for the purchase of the residence of the complainant. However, the complainant had failed to get the sale deed affected for the said residence. The OP Builder stated that the said facts indicated that the complainant was not a 'consumer' and hence, the consumer complaint should be dismissed.