Delhi

StateCommission

CC/552/2016

MS. ASHA TIWARI - Complainant(s)

Versus

M/S BPTP LTD. - Opp.Party(s)

GAURAV PRAKASH

11 Jul 2016

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

                                              Date of Arguments: 11.07.2016

     Date of Decision: 12.07.2016

Complaint Case No.552/16

In the matter of:

M/s Asha Tiwari,

W/o. Late Mr. Sanjay Tiwari,

R/o. 2/11-B, 3^rd Floor,

Jangpura-B, New Delhi-110014.              ………….Complainant

 

Versus

 

M/s. BPTP Ltd.,

Regd. Office at:

M-11, Middle Circle,

Connaught Place, New Delhi-110001.       ….Opposite Party

 

CORAM

 

O.P. Gupta, Member (Judicial)

 

1.     Whether reporters of local newspaper be allowed to see the judgment?  Yes

2.      To be referred to the reporter or not? Yes        

JUDGMENT

          The complainant purchased booking of flat no.H-304 on  third floor, H-Tower in “Park Floors” Sector-77, Faridabad, Haryana from Ms. Asha Tiwari vide flat buyer agreement dated 18.7.2013. The complainant has mentioned in para 9 of the complaint that on 18.3.2015 OP executed conveyance deed in favour of complainant registered with Joint Sub-Registrar, Tigaon, Haryana vide document no.6411 book no.1, Volume-3 at page-145. In the same para the complainant has pleaded that sale deed contains recital that vacant physical possession has been handed over to complainant but the same is incorrect. According to him a true drafted document was ready and he was made to sign on doted lines. Hence he has filed the present complaint for directing OP to finish the flat, hand over its vacant physical possession and pay sum of Rs.2,01,420/- being compensation calculated @5 per sq fit for the period from 9.5.13 to 8.5.13 as per clause 2.3. Complainant has also claimet interest amounting to Rs.1,15,570/- on aforesaid compensation at the rate of 18% per annum for the same period. The complainant has again claimed compensation @5% per sqr fit for delay in handing over possession, interest @18% per annum on said compensation, Rs.2,00,000/- for mental pain, agony and litigation.

          On the face of clear recitals in the conveyance deed that the vacant physical possession has been handed over, the complainant cannot be heard to say that possession was not delivered to him.

          Once the complainant takes possession with open eyes, he does not remain a consumer as per decision of the National Commission in Harpal Arya V/s. Housing Board Haryana II (2016) CPJ-36.

          For the penalty for delay in possession and interest, the remedy of the complaint is civil suit.

          The complaint is dismissed in limine.

          Copy of this order be sent to both the parties free of cost.

 

 (O.P.GUPTA)

MEMBER (JUDICIAL)

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