Case nº First Appeal No. 478 Of 2017, (Against the Order dated 02/11/2016 in Complaint No. 19/2013 of the State Commission Rajasthan) of NCDRC Cases, May 22, 2017 (case Ms. Omway Build Estate Pvt. Ltd. & Anr. Vs Shashank Yadav)

JudgeFor Appellant: Mr. Anuj Bhandari, Advocate
PresidentMr. D.K. Jain,President and Mrs. M. Shreesha,Member
Resolution DateMay 22, 2017
Issuing OrganizationNCDRC Cases


  1. This First Appeal, by a Real Estate Developer, namely, M/s Omway Build Estate Pvt. Ltd. (for short "the Developer"), based at Delhi, and its office at Alwar, the Opposite Parties in the Complaint, is directed against the order dated 02.11.2016, passed by the Rajasthan State Consumer Disputes Redressal Commission at Jaipur (for short "the State Commission") in Complaint Case No. 19 of 2013. By the impugned order, the State Commission has allowed the Complaint, preferred by the Respondent/Complainant, directing the Developer to allot the flat to the Complainant; complete the necessary formalities; receive the balance payment, as agreed; and handover the possession of the unit to him. The Developer has also been directed to pay to the Complainant a sum of `1,00,000/- towards mental agony and `21,000/- as prosecution costs.

  2. The circumstances, necessitating filing of the Complaint are as follows:

    2.1 In response to an advertisement issued by the Developer in the newspaper, the Complainant, who wanted to purchase a flat for the family, had booked a flat with the Developer in its Scheme, known as "Jasmine Luxurious Independent Floors". Since the flat booked was a park-facing corner flat situated at the ground floor, the Complainant was informed that it would cost 5% extra, for which the Complainant had agreed. Vide two cheques dated 01.08.2010 and 08.08.2010 the Complainant paid sums of `1,00,000/- and `3,00,000/- respectively to the Developer. Thereafter, an agreement was entered into between the parties, inter alia, showing the area of the flat as 1575 sq. ft. and sale consideration as `26,19,000/-. Since the Complainant was the first purchaser, he was assured that he would be given 3% concession in the total cost of the flat. When the Complainant went to the Developer, enquiring about the balance payment to be made, he was told that the land, on which the Scheme was to be executed, was sub-judice before a Court, on account of which the Scheme would be delayed. However, the Complainant learnt that the Developer was allotting the flats to other similarly placed purchasers and since there was a considerable increase in the cost of the flat booked by him, the Developer wanted to sell the same to some other person. The Complainant got issued a Legal Notice dated 23.11.2012 to the Developer, who, in turn, informed him that the present cost of the flat booked was `45,00,000/- and in case he wanted the same, he could book the same, with...

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