State Consumer Disputes Redressal Commission
Jagat Prakash vs Jyotisuper Construction & Housing Pvt. ... on 24 November, 2017
Daily Order IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL, COMMISSION : DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Date of Arguments : 24.11.17 Date of Decision : 06.12.17 Complaint No.1847/2017 IN THE MATTER OF: Shri Jagat Prakash House No. 407 Sector 7, Pushp Vihar New Delhi- 110 017 ....Complainant Versus Jyotisuper Construction & Housing Pvt. Ltd. Registered Office 25-A, Indraprastha Building Barakhamba Road New Delhi-110001. Corporate Office 1210, Tower A, The Corenthum A-41, Sector-62 Noida(U.P) .....Opposite Party CORAM HON'BLE SH. O.P.GUPTA, MEMBER(JUDICIAL) 1.
Whether reporters of local newspaper be allowed to see the judgement? Yes 2. To be referred to the reporter or not? Yes SHRI O.P.GUPTA, MEMBER (JUDICIAL) JUDGEMENT
This complaint for directions to the OP to deliver possession is liable to be dismissed at the thrashhold for the reason that admittedly a sale deed has been executed by the OP in favour of complainant. Copy of the said sale deed is at pages 61 to 73 of the complaint file. Clause 2 at page 61 recites that owner had handed over the physical possession of the property to the purchaser and the purchaser confirms having taken over possession of the same, after satisfying himself that the construction as also various installations like electrification work, sanitary fittings, water and sewerage connection etc. have been made and provided in accordance with requisite drawings, design and specifications and further confirms that purchaser has no claim against the owner as to any item of work, material, quality of work and installation in the said property or on any other ground whatsoever. And vendee undertakes not to raise any dispute thereto or in connection therewith individually or collectively.
2. The above clause does not leave any scope for the complainant to file a complaint. Plea of the complainant that he signed the said sale deed under the pressure of OP is hit by rule of parole evidence. Section 91 and 92 of the Indian Evidence Act bars reception of any oral evidence to contradict, alter or add any fact mentioned in the document.
Complaint is dismissed in limini.
Copy of the order be sent to both the parties free of cost.
(ANIL SRIVASTAVA) (O.P.GUPTA) MEMBER MEMBER(JUDICIAL)