RICHA AGRAWAL Vs. SHUBH ENTERPRISES

JUDGEMENT

(1.) RELIEFS claimed in para No. 10 of the complaint which are material, read as under:

(2.) IT is, inter alia, alleged in the complaint that the complainant purchased two flats in "Samudra Darshan" at D.N. Nagar, Andheri (West), Mumbai from the opposite party for a sale consideration of Rs. 32,20,000 per flat and paid amount of Rs. 12,88,000 for each flat to the opposite party by means of cheques in December, 2006. Complainant was told that the flats will be ready and possession thereof will be given within 18 months. Even after 20 months of the booking of flats, the construction is at the plinth level. Completion of flats may take 21/2 or 3 years time. Therefore, complainant has asked the opposite party to buy back the flats @ Rs. 6,000 per sq.ft. although the opposite party was selling the flats @ Rs. 7500 per sq.ft. Opposite party asked the complainant to send consent letter for buy back of the flats which was duly sent. However, the opposite party did not pay the amount towards buy back of the flats. Market value of the flat is now close to Rs. 12,000 per sq.ft. Attributing deficiency in service, aforementioned reliefs have been claimed. Along with complaint, the complainant has filed the copies of letter sent by the complainant to the opposite party dated 2.6.2008 and dated 8.7.2008 as also the letter from the opposite party to the complainant dated 31.7.2008. Since we were, prima facie, of the view that the value of flats has been exaggeratedly put by the complainant at Rs. 12,000 per sq.ft. to bring the complaint within the pecuniary jurisdiction of this Commission. We have heard Shri Anand Gupta, authorized representative of the complainant. In aforesaid letter dated 31.7.2008, the opposite party has stated that the complainant intended to make investment in purchase of the flats and she has concocted a story of buying back which was never agreed to. It is further stated that despite reminders the complainant has not paid the subsequent instalments as per the allotment letter. Said two letters dated 2.6.2008 and 8.7.2008 are conspicuously silent as regards buy -back rate of two flats @ Rs. 6,000 per sq.ft. Two flats were purchased for a sale consideration of Rs. 32,20,000 per flat in December, 2006. It is a matter of common knowledge that there has been noticeable decline in the market value of the properties particularly during the last 6 -9 months. Obviously, valuation of the flats @ Rs. 12,000 per sq. ft. has been put by the complainant to bring the complaint within the pecuniary jurisdiction of this Commission. Without commenting on the merits of case, the complaint is disposed of with liberty reserved to the complainant to file complaint on same cause of action before the appropriate forum after suitably reducing the value of the flats.