Final Argument in Consumer Court, ITO, New Delhi
In 2007, invested my hard earned money in a construction linked plan of a shop with Ansal buildwell in Gurgaon. Paid 2 more installment in Jan and Feb 2008. During continuous follow-up on email, on May 2010, I was told to continue the booking. In September 2011, I was informed that the construction of the commercial complex could not be started due to non-receipt of certain approvals/sanctions from the concerned authority and hence the amount paid by the deponent towards the said unit was being processed for refund in terms of the Flat Buyers Agreement. However, they have been asking for the original documents which I have never given them with a fear that if I give them originals then they will not refund me the principal, interest and compensation. Finally after much persuasion, they have given the principal (deducting 20,500 which was paid to the broker for transfer charges) without any interest and compensation. Since April 2016, I am appearing myself in consumer court requesting for interest @10%, deducting 20500 amount, interest on interest from April 2016 till order and compensation of 4 lacs. The total amount sums to around 18.5 lakhs. There is a final argument in July 2017. The lawyer is insisting that I have purchased this from a broker and I am not a original allottee and this shop is for commercial purpose thus not under the purview of consumer court. My stand is that there is a tripartite agreement in between, myself , broker and builder. I being a qualified pharmacist purchased the shop for the earning the livelyhood for my family. Please advise where should I settle in terms of interest, deducted amount, interest on interest and compensation. Thanks and Regards