Order No. 04

The MA being No. 281/2022 is taken up for hearing.

It is submitted by the Ld. Advocate of the OP that the case before this Commission is hit by RERA Act which renders the same not maintainable. But admittedly the complainant advanced money for acquiring the dwelling unit from the Ops and the Ops are realtors.

The Ops have not performed their part of contract of agreement – although huge amount was collected by them from the complainant with an assurance that flat would be provided to him. This is a clear cut case of unfair trade practice under Consumer Protection Act.

As such, the submission advanced by the Ld. Advocate of the OP fails to impress upon this Commission and hence rejected.

The MA being No. 281/2022 is thus disposed of.

26.04.2023 is fixed for filing evidence.

Due to the claim made by the Ld. Advocate appearing for the Ops that the complainant would not be ready to hand over the flat in question to the customer after the expiration of March, 2023.

Ld. Advocate appearing for the Ops is directed to arrange for making delivery of possession of the flat in question in favour of the complainant by the next date i.e. on 26.04.2023.