Judgment:
Per Shri. S.R. Khanzode, Honble Presiding Judicial Member
1) Perused the record. It is alleged by the Complainant that she has booked residential flat No.501, admeasuring 895 sq.ft. in area situated on the 5th floor of âI wing of proposed Bhoomi Breeze building. She agreed to pay the price @ Rs.2,501/- per sq.ft. which comes around Rs.24,46,995/- inclusive of stamp duty, legal charges, society formation charges, 12 months maintenance charges, corpus fund, infrastructure charges, grill charges etc. She paid Rs.51,000/- as booking amount on 14/06/2005 by cheque. However, the project never comes up. There was exchange of correspondence/notices. Therefore, she filed this consumer complaint to claim relief of possession after receiving the balance consideration and alternatively claim Rs.23 lakhs as compensation. In addition to it she also claimed Rs.50,000/- as cost of the proceeding.
2) Admittedly, there is no written agreement had taken place. Since, the project was yet to start, the Complainant was only a prospective buyer and same is made clear in its reply by the Opposite Party. Said reply dated 05/04/2008 (Exhibit âF) is also on record. In the given circumstances the dispute before us can not be branded as a consumer dispute. Of course, Complainant has her own remedy in Civil Court or even before Criminal Court, if she felt cheated. Under the circumstances we hold accordingly and pass the following order:
Order:
1) Complaint stands rejected.