Delhi

New Delhi

CC/274/2021

Sanjeev Kumar Mahajan - Complainant(s)

Versus

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

22 Dec 2021

ORDER

 

 

22.12.2021

CC/274/2021

Heard through Video Conferencing

Present. Sh. Manish Khurana, Counsel for Complainant.

Vide separate order, it has been held  by us that this Commission does not have jurisdiction since settlement arrived at before the Hon’ble State Commission, and cause of action of the present complaint relates to the same property.

The complainant is directed to be present the complainant before Competent Commission.

File be consigned to record room.

 

 

PRESIDENT

 

 

                               MEMBER                                                                                MEMBER

 

 

22.12.2021

CC/274/2021

Heard through Video Conferencing

Present. Sh. Manish Khurana, Counsel for Complainant.

Arguments on admission heard.

1. Present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The averments made are that complainant booked a flat in the project of OP with the hope that OP will give timely possession. OP however failed to adhere the contractual discipline and despite receiving timely payments failed to allot plot to the complainant. OP also altered the allotment rule and when complainant objected, OP cancelled the allotment. The complainant therefore approach the Hon’ble State Commission. The matter was settled in the National Lok Adalat before the Hon’ble State Commission and it was agreed between the parties that complainant would be allotted plot No. D-66, BPTP, Sector-102, Dwarka, Gurgaon. It was also agreed that OP will execute an agreement within 60 days of the order of the Lok Adalat i.e. 08.07.2017. The requisite payments were to be made by complainant within the 90 days of execution of agreement. It is further stated that complainant paid the entire amount as per the order of the National Lok Adalat which was accepted by OP without demanding interest. Thereafter business came to a halt due to Covid-19 and as complainant was in need of funds he decided to sale the plot in question. The complainant therefore approach the OP transfer the plot.
2. It is also stated as per the agreement, the first transfer is free and no charges are payable but the OP verification certificate claiming registration charged and interest which is contrary to the terms of the agreement.
3. The copy of the order of the settlement in National Lok Adalat before the Hon’ble State Commission has been filed.
4. We are thereof the view that this forum does not have the jurisdiction to entertain the present complaint since the settlement was entered into before the Hon’ble State Commission and the allegations made in complaint relate to the same property. The Complainant be presented before the competent Commission.

 

PRESIDENT

 

 

                      MEMBER                                                                                MEMBER