Delhi

StateCommission

CC/33/2020

SH. R.S TOMAR - Complainant(s)

Versus

M/S TDI INFRASTRUCTURE LTD. & ANR. - Opp.Party(s)

VIKAS K. BHARTI

05 Feb 2020

ORDER

 

IN THE STATE COMMISSION : DELHI

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

Date of Arguments : 05.02.2020

Date of Decision : 10.02.2020

COMPLAINT NO 33/2020

In the matter of:

 

            MR. R.S. TOMAR,

            S/O LATE SH. K.S. TOMAR,

            R/O C2/C, PKT.2 FLAT NO. 20,

            JANAKPURI, DELHI.

 

                                                            ………Complainant

Versus

           

1.         M/S TDI INFRASTURCTURE LTD.

            THROUGH ITS DIRECTOR (S) &

OTHER RESPONSIBLE OFFICER,

10, SHAHEED BHAGAT SINGH MARG,

GOLE MARKET, NEW DELHI-110001.

 

2.         M/S CANNES PROPERTY MANAGEMENT SERVICE PVT. LTD.

            THROUGH ITS DIRECTOR (S) &

OTHER RESPONSIBLE OFFICER,

10, SHAHEED BHAGAT SINGH MARG,

GOLE MARKET, NEW DELHI-110001.

           

……..Opposite Party

 

 

CORAM

Hon’ble Sh. O. P. Gupta, Member (Judicial)

1.     Whether reporters of local newspaper be allowed to see the judgment?                                                               Yes/No

 

Shri O.P. Gupta, Member (Judicial)

JUDGEMENT

1. This is a new case at the stage of admission.
2. The complainant has come forward on the allegation that he booked a residential plot no. I-298 measuring 258 sq. yds. Which was allotted to him vide letter dated 19.01.2006 by the OP. Total sale price was Rs. 23,64,100/- including external development charges which was paid. After ful and final payment, Conveyance Deed was executed by Op-1 which was registered as No. – 3086 book no. 1 volume -4 on 05.02.2014. subsequently the possession of the flat was handed over to the complainant on 12.03.2014.
3. The complainant was charged Rs. 50,000/- towards club membership.
4. Now the OP has sent demand for EDC and for extension of five years for the performance of construction at the plot which is unfair and malafide.
5. The copy of demand is at page 59 of the bunch of the complaint. It demanded Rs. 9,24.006.39/- which has later on been corrected in hand written as Rs. 1,18,000/-.
6. I have gone through the material on record and heard arguments.
7. Firstly once the Conveyance Deep is executed and possession is delivered, the allot ceases to be Consumer as per the decision of National Commission in Smita Roy Vs. Excel Construction-II (2012) CPJ 204. Similar view was taken by the National Commission in Harpal Arya Vs. Housing Board Haryana –II (2016) CPJ 36.
8. Moreover, as per conveyance deed copy of its at page 29 to 52. Clause 11 at page 37 lays down at the purchaser was bound to start construction with the due sanction of Competent Authority within a period of three years from the date of intimation to take possession, failing which it was sole discretion of the vendor to extend the period of commencement of construction, but in that event the vendee was liable to pay charges @ 50 per sq. meter per month for the delayed period or such charges as may be applicable at the appropriate time.
9. It is in pursuance of this clause that OP is demanding the amount now in question.
10. undisputedly the complainant has failed to commence the construction.
11. Counsel for the complainant submitted that OP has not developed infrastructure facilities such as road, school, hospital, park etc. So the complainant did not start the construction.
12. I am unable to appreciate the arguments. There is no such mention in the conveyance deed that commencement of construction by complainant subject to was completion of infrastructure facilities by the OP.
13. In any event that aspect can be canvassed by complainant before the Civil Court. Complaint under consumer protection act is not the proper remedy for the purpose. The same is confined till the period possession is handed over and conveyance deed is executed.
14. The complaint is dismissed in limine with liberty to the complainant to file Civil Suit as advised by law.
15. Copy of the order be sent to both the parties free of costs.
16. File be consigned to record room.

 

(O.P. GUPTA)                                                      MEMBER (JUDICIAL)

 

1.