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DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No.94/2023

QUORUM:

Order By: Shri S.S. Malhotra (President)

ORDER

1. Arguments on admission heard.  
2. It is inter alia the case of the complainant that he booked a Flat in the Primeria, Ramprastha City Sector 37 D Gurugram and was allotted a Flat No.C-1702, having 3 BHK measuring 1720 sq. ft. along with right of two car parking and he initially paid Rs.500000/- and subsequently also paid Rs.3.50/- Lacs and Rs.6.37/- Lacs respectively and in nutshell he has already paid Rs.1487500/- to the OP1 but since the building was not completed within time schedule he approached the OP and requested for cancellation of his booking and refund of the amount of Rs.1487500/- vide letter dated 20.07.2016 and ultimately the OP2 agreed to refund the amount and returned Rs.3.50 Lacs to the complainant but complete amount is not being returned by the OP and as such he has filed the present case with the prayer that OP be directed to pay Rs.11,37,500/-  to the complainant with interest @ 18% p.a., compensation of Rs.1,00,000/- and Rs.20,000/- towards litigations charges. Heard. Definitely, there was agreement in between the parties and complainant has paid an amount of Rs.1487500/- to the OPs for giving one Flat in project but simultaneously it is also matter of record that complainant intended to cancel booking and OP even has returned some amount.
3. Once the complainant and OP have entered into an agreement for cancellation of the Flat, all terms and conditions of the Agreement w.r.t. providing service by the OP would merge into the settlement and once the settlement has been arrived and even has been acted upon although partly, the issue therefore would be as to whether for the purpose of refund of the remaining amount, can it be said that there is some deficiency w.r.t. providing the service by the OP.

As per Section 2(7) of the CPA-2019, "Consumer" means any person who-

 (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose, or.........

7) (ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose. 

The Commission is of the opinion that once the Flat has been cancelled and so far cancellation of flat has not been revived on account of failure of settlement, the Complainant would no more remain a consumer for the purpose of taking some service of the OP and as such present complaint case appears to be not falling within the ambit of the provision of the CPA.

Therefore the complaint is rejected.  

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room. 

Announced on 15.07.2024.