RAJNI GOYAL Vs. SUPERTECH LIMITED

JUDGEMENT

(1.) The complainant booked a residential flat with the OP in a project namely 'Capetown' which the OP was to develop in Sector-74 of Noida. Flat No. 1606 in Tower CM4 of the aforesaid project was allotted to the complainant vide allotment letter dated 22.05.2012. The payment plan agreed between the parties reads as follows: <FRM>JUDGEMENT_43_LAWS(NCD)2_2018_1.html</FRM>

(2.) Vide letter dated 12.10.2015, the OP required the complainant to pay an amount of Rs.12,35,656/- on or before 11.11.2015. The aforesaid letter was titled as 'Possession Payment Demand Notice' though admittedly, the OP did not possess the requisite occupancy certificate on the date it was issued. The occupancy certificate, according to the learned counsel for the OP, was obtained on 02.12.2015 and was a part occupancy certificate. The complainant did not pay the amount of Rs.12,35,656/- demanded vide letter dated 12.10.2015 and has approached this Commission by way of this consumer complaint with the following prayers:

(3.) The complaint has been resisted by the OP which has taken a preliminary objection that this Commission does not possess the pecuniary jurisdiction to entertain the complaint. On merits, the allotment made to the complainant as well as the payment received from her has been admitted. This is also the case of the OP that the demand raised by it vide letter dated 12.10.2015 was fully justified.