Haryana

StateCommission

CC/180/2016

HIMANSHU BUDHRIRAJA - Complainant(s)

Versus

HERITAGE COTTAGES PVT. - Opp.Party(s)

VIKAS DEEP

17 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA,          PANCHKULA.

 

                                                Complaint No.180 of 2016

                                                       Date of Institution: 12.07.2016                            Date of Decision: 17.08.2016

 

Mr. Himanshu Budhiraja S/o Somnath Budhiraja, r/o H.No.9/2325, Kailash Nagar, Street No.12, Gandhi Nagar, New Delhi.

…..Complainant

 

Versus

 

Heritage Cottages Pvt. Ltd., (A Private Limited Company, through its Managing Director), R1& 2, Jungpura-B, New delhi-110014

2^nd Address

B-123, Green Field Colony, Faridabad-121003.

          …..Opposite Party

 

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                   Mrs.Urvashi Agnihotri, Member.                                    

For the parties:  Mr.Vikas Deep, Advocate counsel for the complainant.

                            

O R D E R

 

R.K.BISHNOI, JUDICIAL MEMBER :-

          It is alleged by the complainant that he booked two apartment  bearing Nos. B-501 and C-401 with the opposite party (O.P.) in the year 2007 and it was assured that possession would be delivered within 36 months thereof. He had already deposited Rs.31,55,000/-, but, the possession is not delivered as yet. So O.P. be directed to refund the amount deposited by him alongwith interest.

2.      Heard.

3.      The allotment letter is dated 28.06.2012. It is no where mentioned therein that the possession was to be delivered within 36 months thereof. Complainant has not produced any agreement regarding the delivery of possession.  It shows that the time was not essence of contract.    Letter dated 28.11.2010 was issued about flat No.501 and complainant is yet to pay Rs.1,15,000/-.  More so, complainant has not produced any notice ever issued to the O.P. about delivery of possession or their helplessness in delivering possession. So complaint is pre-mature and the same is hereby dismissed as such.

 

August, 17th, 2016

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

 

S.K.