Delhi

New Delhi

CC/118/2008

Jyoti Gulati - Complainant(s)

Versus

M/S. Jaipuria Infrastructure Developers Pvt. Ltd. - Opp.Party(s)

24 Feb 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/118/08                            Dated:

In the matter of:

Smt. Jyoti Gulati,

W/o Sh. Rajeev Gulati,

R/o 1-B, Neelgiri-III, Sector-34, Noida, U.P.

……..COMPLAINANT

       

VERSUS

 

1. M/s. Jaipuria Infrastructure Developers Pvt. Ltd., 9-B, Hansalaya, 15, Barakhamba Road,

New Delhi-110001

 

2. Banke Behari Agrotech Pvt. Ltd.,

(Now known as M/s. Jaipuria Infrastructure Developers Pvt. Ltd.,)

9-B, Hansalaya, 15, Barakhamba Road,

New Delhi-110001

………. OPPOSITE PARTIES

 

ORDER

President:  C.K Chaturvedi

 

        The Complainant booked a Commercial Unit no.159 SB block in Sun Rise Plaza Indirapuram, Ghaziabad measuring 262 sq. ft for total consideration of Rs.13,20,600/- in terms of agreement dated 11.08.2004. Later on the area of shop was increased to 389 sq.ft. The complainant had paid already full for the original area. The OP raised a demand for proportionate increase in area by its letter of 28/04/07 along with air conditioning and some other charges. The OP replied that it was ready to pay for additional area, after measuring it after possession and that it was not liable for air conditioning charges and filed this complaint.

        The OP in reply has relied on clause 6 of the agreement permitting it to improve specifications and facilities for which proportionate charges are to be borne by allottees. It also referred to clause 36 of the agreement for additional charges, and stated that unless the demanded sums are paid, the possession of shop and registry cannot be done and thus no deficiency is committed.

 

        We have considered the reply, evidence and the submissions. In our considered view, the Forum cannot order possession without payment by the complainant. The demands raised are in terms of the agreement and the OP cannot be faulted for any deficiency. The complaint is dismissed.

File be consigned to record room.

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

 

 

Pronounced in open Court on 24.02.2015.

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER