Date of Decision : 24-09-2014
Complaint Case No. 419/2014.
- Shri Puneet Goel
S/o Shri Anil Goel,
A-16/B-1, Mohan Cooperative Industrial Estate,
Main Mathura Road, New Delhi-110044
- M/s. Piyush Buildwell India Ltd.,
A-16/B-1, Mohan Cooperative Industrial Estate,
Main Mathura Road, New Delhi-110044
……Complainants
Versus
- M/s. Jaiprakash Associates Ltd.,
Jaypee Greens, Sector-128,
Noida-201 304, Uttar Pradesh
- Mr. Manoj Gaur,
Director, M/s. Jaiprakash Associates Ltd.,
‘JA House’, 63 Basant Lok
Vasant Vihar, New Delhi-110057
- Mr. Rahul Kumar
Director, M/s. Jaiprakash Associates Ltd.
‘JA House’, 63, Basant Lok
Vasant Vihar, New Delhi-110057
- Mr. Sachin Gaur
Director, M/s. Jaiprakash Associates Ltd.,
‘JA House’, 63, Basant Lok
Vasant Vihar, New Delhi-110057
- Mr. Gaurav Jain
Director, M/s. Jaiprakash Associates Ltd.,
‘JA House’, 63, Basant Lok
Vasant Vihar, New Delhi-110057
..…Opposite Parties
CORAM
Justice Veena Birbal, President
Salma Noor, Member
N P Kaushik Member (Judicial)
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
N P Kaushik Member (Judicial)
The case in brief of the complainant is that he was allotted a flat at Jaypee Greens, Noida for a total consideration of Rs.3,26,37,550/-. He received provisional allotment letter dated 14.08.2012. The complainant lodged a protest with the OP stating that the terms and conditions shown in the allotment letter were not consonance with the terms and conditions of the agreement/application form submitted at the time of the booking of the flat. On the contrary, the OP threatened to take coercive action against them (complainants). Complainants thereafter deposited an amount of Rs.48,71,073/- on 10-10-2012 and another sum of Rs.32,35,537/- on 20-12-2012. Grievance of the complainants is that the OP has not even started with the construction and the period of 24 months has expired. He has sought the following directions from this Commission :-
a) Pass an order for cancellation/quashing of the impugned notice dated 05.06.2014 issued by the Respondents and consequently direct them to regularize the instalments of the Complainants so that the possession of the flat can be handed over to the Complainant on time.
b) Stay the cancellation of the Flat bearing Unit bearing No. KSB0011402 in KASABLANCA at Jaypee Greens, Noida till the disposal of the present complaint.
c) Pass an order of compensation of Rs.1,00,000/- (Rupees One Lac only) to the Complainants to be paid by the Respondents jointly and severally for the mental agony and sufferings they underwent due to the unfair trade practices of the Respondents.
d) Pass a direction to the Respondents to make a payment of Rs.50,000/- (Rupees Fifty thousand) to the Complainants towards the litigation expenses.
e) Pass a direction to the Respondent to not to charge any interest or penalty, whether proposed or applied.
f) Pass any other or further order (s) as this Hon’ble Commission may deem fit and proper in the facts and circumstances of the case.
Admittedly, the total consideration of the property in question is Rs.3,26,37,550/-. Keeping in view the fact that the State Commission has a pecuniary jurisdiction to hear the cases of the value upto Rs. One Crore. We are, therefore, of the considered opinion that the present matter is beyond the jurisdiction of this Commission. Complaint is accordingly dismissed. The complainant is however, at liberty to file the same before the Hon’ble National Commission, if advised.
File be sent to record room.
