State Consumer Disputes Redressal Commission
Ved Pal Kaushal vs M/S Imperia Structure Ltd. on 18 January, 2017
Daily Order IN THE STATE COMMISSION : DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Date of Arguments : 18.01.2017 Date of Decision : 23.01.2017 Complaint No. 1534/2016 In the matter of: Sh. Ved Pal Kaushal, 1042, Pocket-1, Sector-C, Lane-1, Vasant Kunj, New Delhi-110070. ........Complainant Versus M/s. Imperia Structure Ltd., Office Address: A-25, Mohan Co-operative Industrial Estate, Badarpur, New Delhi-110044. ............Opp. Party CORAM O. P. Gupta, Member (Judicial) 1.
Whether reporters of local newspaper be allowed to see the judgment? Yes/No
2. To be referred to the reporter or not? Yes/No O.P. Gupta, Member (Judicial) The case of the complainant is that he booked an apartment no.1304, Block-D, Sector-37-C, Distt. Gurgaon (Haryana) forRs.62,69,375/- and agreement was executed on 13.06.2014. The possession was to be delivered within 42 months from date of execution of agreement. The agreement was entered into on 13.06.2014 almost three years from first instalment.
The grievance of the complainant is that his apartment was changed from Block-D to Block-C. That is the question of merits and can be gone into only when the complaint is found to be maintainable.
Copy of the Building Buyer Agreement is at page-32 to 66. Clause 10.1 at page-50 provides that OP contemplated to complete construction of the apartment within a period of 3½ years from date of execution of said agreement. Agreement bears the date 13.06.2014 at page-30. Calculated from the said date OP can construct building upto 13.12.2017. Cause of action, if any, in favour of complainant can arise only on failure of the OP to complete construction by that date. The complaint filed on 19.12.2016 is premature. The complaint is dismissed.
Copy of the order be sent to both the parties free of cost.
File be consigned to Record Room.
(O.P. Gupta) Member (Judicial)