SWO-INDIA LTD. Vs. RAJ ASSOCIATES AND ORS.

JUDGEMENT

(1.) THE whole controversy centers around the question of maintainability of this complaint, i.e., "Whether, the complainant is a 'consumer', under Section 2(1)(d) (i) and (ii) with the explanation appended to it, of the Consumer Protection Act, 1986?.

(2.) THE case of M/s. SWO India Ltd., the complainant is as follows. The complainant is a company working for the welfare of the Indian soldiers, ex -serviceman, war -widows, widows and their families. It undertakes activities of social welfare nature and facilitate provision of cheap/low cost and affordable housing facilities for the soldiers and their families all over India. The provision of such housing facilities is done through local builders, developers and colonizers. The object of the complainant is to make soldiers and widows live together with dignity in a secured environment in one gated complex nearby their native place after retirement from active service. Based on the availability of land through the developers, the complainant invites applications for registration from needy and desirous soldiers, ex -serviceman, war -widows, widows and their families and provides them with cheap/low cost and affordable housing facilities.

(3.) THE complainant entered into an agreement -cum -Memorandum of Understanding, on 23.06.2013 with OP1 and Sh. Raj Kumar Bhagat, OP2, the proprietor of OP1. The OPs undertook to provide fully developed plotted colony of 130 residential plots duly approved from the competent authorities, complete with all infrastructure and amenities on the project land. It was also agreed that the project would be completed by 30.07.2014. The OPs agreed to provide the necessary documents to the complainant, such as (a) proof of identity of proprietor (b) copy of PAN card of proprietor (c) land documents on which residential plots were to be developed (d) copies of approved layout plan and all technical details of the project and (e) copies of other legal property documents related to the project. It was agreed that total charges would be paid @ 313/ - per sq.ft. for residential plots. The complainant made payment in the sum of Rs. 99.11 lakhs to the OPs as part payment, during the period 26.07.2013 to 30.12.2014. The OPs were to provide approval from Chas Block for development over the proposed land, but the needful was not done.