Haryana

Karnal

274/2013

Dinesh Kumar S/o Prem Nath Sharma - Complainant(s)

Versus

Arpana Dreams Developers Ltd - Opp.Party(s)

Sh. S.N. Bhardwaj

30 Jul 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.274 of 2013

                                                               Date of instt:6.06.2013

                                                               Date of decision: 07.10.2015

 

Piyush Bali son of  Sh.Naresh Bali resident of House no.878, Sector -7, U.E.Karnal.

                                                   ……….Complainant.

                             Versus

 

Arpan Dreaams Developers (P) Ltd. Regd.office at SCF – 48, Sector – 7, U.E.Karnal through its owners/partners:-

1.       Chander Prakash Arora resident of Palm Residency, Karnal.

2.       Nitish Gupta Abhinav Gas Agency, Sector – 13, Main Market, Karnal.

3.       Anuj Chaudhary resident of DB-80, Sadar Bazar, Karnal.

                                                           ……… Opposite parties.

 

                    Complaint U/s  12  of the Consumer

                     Protection Act.

 

Before           Sh.K.C.Sharma……. President.

                   Sh.Anil Sharma ………Member.

                   Smt.Shashi Sharma…..Member.   

         

 

 Present:       Sh.S.N.Bhardwaj, Advocate for the complainant.

                   Sh.B.P.Singh Advocate for the Ops.

ORDER:

 

 

                        The facts giving rise to the present complaint u/s 12 of the Consumer Protection Act, 1986  are that  complainant was in need of a residential plot for construction of his house.  The Opposite Party ( in short OP)  allured the complainant to provide  a residential plot in easy installments. Accordingly, he deposited Rs.2.00 lacs vide receipt dated  27.05.2011 and Rs.3,75,000/- vide receipt dated 16.01.2012  as 25% of the total value of the plot measuring 269 sq.yds.  The OP booked the plot bearing No. C-37 for him and supplied the site plan also regarding the said plot. Later on OP became dishonest and sold the land where the said plot was carved out, in favour of some other person in secret manner as the price of the land had risen three folds. Such fact came to his notice when a public notice was published  by OP in news paper.  In this way, OP indulged in unfair trade practice. OP issued a cheque of Rs.6,49,532/- (Rs.5,75,000/-  Principal amount + Rs.74532 interest) in favour of the complainant without the consent of the complainant.  In fact, the complainant was entitled to double the amount of the earnest money or Rs.4.00 lacs  + interest.  He requested the OP to give him said amount, but OP refused to  accede to his request.

 

 

2.                Notice of the complaint was given to the OP, who appeared and filed written statement  controverting the claim of the complainant. Objections have been raised that the complainant has no loucs standi and cause of action to file the present complaint; that  the present complaint is an abuse of the process of law and that this Forum has got no jurisdiction to entertain and decide the present complaint.

 

                   On merits, it has been submitted that licence issued to the OP was withdrawn by the authorities concerned, due to which OP published public notice to settle the matter with the consumers. Accordingly, complainant settled his dispute with the OP and after receiving his entire amount, issued receipt cum no dues certificate. The complaint has been filed just to black mail the OP. It has also been averred that OP had no  not caused any wrongful loss to the complainant, because his entire amount alongwith interest has been returned to him, which was duly accepted by him. All other allegations made in the complaint have been specifically denied.

 

3.                In evidence of the complainant his affidavit Ex.CW1/A and documents Ex.CW1/B to Ex.CW1/E have been tendered.

 

4.                In evidence of the OP, affidavit of Shri Vishal Chaudhary Manager Ex.OP1/A and documents Ex.OP1 to Ex.OP4  have been tendered.

 

5.                We have heard the learned counsel for the parties and have gone through the case file very carefully.

 

6.                From the facts  and circumstances  and evidence on record, it is established that complainant had paid an amount of Rs.5,75,000/- to Ops as 25% of the total value of the plot measuring 269 sq.yds and plot No. C-37 was booked in his name. However, later on  Ops issued public notice, the copy of which is Ex.OP4, according to which  due to some unavoidable circumstances, the project could not be executed and licence applied for was also withdrawn, therefore, all the claimants/clients/debtors/creditors were asked to get back their claims with interest within fifteen days of the publishing of the notice.  Thereafter, the Ops issued two cheques one for Rs.5,75,000/- and another for Rs.50,000/- in favour of the complainant for the amount deposited by him with the OPs alongwith interest thereon and the complainant accepted that amount by getting encashed those cheques. The complainant had also given a receipt, the copy of which is Ex.OP1, accepting that the entire amount alongwith     interest  was received and he or his legal heirs would not have any claim pending against the Ops. Thus, it is emphatically clear that amount was  accepted by the complainant as full and final settlement of his claim.

 

7.                As per claim of the complainant, he is entitled to get double the amount of the earnest money or Rs.four lacs plus earnest money. It has also been submitted that interest paid by the Ops is on the lesser side.  However, not even a single document has been produced by the complainant, which may show as to what rate of interest was agreed upon or as to what amount was to be repaid by the Ops to the complainant in case of failure of Ops to give him the said plot no.C-37. Thus, the claim of the complainant is without any basis and as such the same cannot be accepted.  Even otherwise, he has also accepted the amount deposited by him with the Ops alongwith interest thereon as full land final settlement of the claim, therefore, he is not entitled to claim further amount.

 

 

 

 

8.                As a sequel to the foregoing discussion, we do not find any merit in the present complaint and consequently the same is hereby dismissed.  The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:07.10.2015                                                                            

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

 (Anil Sharma)       (Smt.Shashi Sharma)    

   Member.                              Member.

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.274 of 2013

                                                               Date of instt:6.06.2013

                                                               Date of decision: 07.10.2015

 

Dinesh Kumar son of Sh.Prem Nath Sharma resident of House No.570, Roop Nagar, Jagdhari.

                                                   ……….Complainant.

                             Versus

 

Arpan Dreaams Developers (P) Ltd. Regd.office at SCF – 48, Sector – 7, U.E.Karnal through its owners/partners:-

1.       Chander Prakash Arora resident of Palm Residency, Karnal.

2.       Nitish Gupta Abhinav Gas Agency, Sector – 13, Main Market, Karnal.

3.       Anuj Chaudhary resident of DB-80, Sadar Bazar, Karnal.

                                                           ……… Opposite parties.

 

                    Complaint U/s  12  of the Consumer

                     Protection Act.

 

Before           Sh.K.C.Sharma……. President.

                   Sh.Anil Sharma ………Member.

                   Smt.Shashi Sharma…..Member.   

         

 

 Present:       Sh.S.N.Bhardwaj, Advocate for the complainant.

                   Sh.B.P.Singh Advocate for the Ops.

ORDER:

 

 

                        The facts giving rise to the present complaint u/s 12 of the Consumer Protection Act, 1986  are that  complainant was in need of a residential plot for construction of his house.  The Opposite Party ( in short OP)  allured the complainant to provide  a residential plot in easy installments. Accordingly, he deposited Rs.2.00 lacs vide receipt dated  26.05.2011 and Rs.3,75,000/- vide receipt dated 18.01.2012  as 25% of the total value of the plot measuring 269 sq.yds.  The OP booked the plot bearing No. C-36 for him and supplied the site plan also regarding the said plot. Later on OP became dishonest and sold the land where the said plot was carved out, in favour of some other person in secret manner as the price of the land had risen three folds. Such fact came to his notice when a public notice was published  by OP in news paper.  In this way, OP indulged in unfair trade practice. OP issued a cheque of Rs.6,49,532/- (Rs.5,75,000/-  Principal amount + Rs.74532 interest) in favour of the complainant without the consent of the complainant.  In fact, the complainant was entitled to double the amount of the earnest money or Rs.4.00 lacs  + interest.  He requested the OP to give him said amount, but OP refused to  accede to his request.

 

 

2.                Notice of the complaint was given to the OP, who appeared and filed written statement  controverting the claim of the complainant. Objections have been raised that the complainant has no loucs standi and cause of action to file the present complaint; that  the present complaint is an abuse of the process of law and that this Forum has got no jurisdiction to entertain and decide the present complaint.

 

                   On merits, it has been submitted that licence issued to the OP was withdrawn by the authorities concerned, due to which OP published public notice to settle the matter with the consumers. Accordingly, complainant settled his dispute with the OP and after receiving his entire amount, issued receipt cum no dues certificate. The complaint has been filed just to black mail the OP. It has also been averred that OP had no  not caused any wrongful loss to the complainant, because his entire amount alongwith interest has been returned to him, which was duly accepted by him. All other allegations made in the complaint have been specifically denied.

 

3.                In evidence of the complainant his affidavit Ex.CW1/A and documents Ex.CW1/B to Ex.CW1/E have been tendered.

 

4.                In evidence of the OP, affidavit of Shri Vishal Chaudhary Manager Ex.OP1/A and documents Ex.OP1 to Ex.OP4  have been tendered.

 

5.                We have heard the learned counsel for the parties and have gone through the case file very carefully.

 

6.                 From the facts  and circumstances  and evidence on record, it is established that complainant had paid an amount of Rs.5,75,000/- to Ops as 25% of the total value of the plot measuring 269 sq.yds and plot No. C-36 was booked in his name. However, later on  Ops issued public notice, the copy of which is Ex.OP4, according to which  due to some unavoidable circumstances, the project could not be executed and licence applied for was also withdrawn, therefore, all the claimants/clients/debtors/creditors were asked to get back their claims with interest within fifteen days of the publishing of the notice.  Thereafter, the Ops issued two cheques one for Rs.5,75,000/- and another for Rs.50,000/- in favour of the complainant for the amount deposited by him with the OPs alongwith interest thereon and the complainant accepted that amount by getting encashed those cheques. The complainant had also given a receipt, the copy of which is Ex.OP1, accepting that the entire amount alongwith     interest  was received and he or his legal heirs would not have any claim pending against the Ops. Thus, it is emphatically clear that amount was  accepted by the complainant as full and final settlement of his claim.

 

7.                As per claim of the complainant, he is entitled to get double the amount of the earnest money or Rs.four lacs plus earnest money. It has also been submitted that interest paid by the Ops is on the lesser side.  However, not even a single document has been produced by the complainant, which may show as to what rate of interest was agreed upon or as to what amount was to be repaid by the Ops to the complainant in case of failure of Ops to give him the said plot no.C-36. Thus, the claim of the complainant is without any basis and as such the same cannot be accepted.  Even otherwise, he has also accepted the amount deposited by him with the Ops alongwith interest thereon as full land final settlement of the claim, therefore, he is not entitled to claim further amount.

 

 

 

8.                As a sequel to the foregoing discussion, we do not find any merit in the present complaint and consequently the same is hereby dismissed.  The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:07.10.2015                                                                            

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

 (Anil Sharma)       (Smt.Shashi Sharma)    

   Member.                              Member.

 

 

 

 

 

 

 

 

 

 

 

 

 

Present:        Sh.S.N.Bhardwaj, Advocate for the complainant.

                   Sh.B.P.Singh Advocate for the Ops.

 

                   Arguments heard. Vide our separate order of the even date, the present complaint has been dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:07.10.2015                                                                            

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

 (Anil Sharma)       (Smt.Shashi Sharma)    

   Member.                              Member.

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.273 of 2013

                                                               Date of instt:6.06.2013

                                                               Date of decision: 07.10.2015

 

Piyush Bali son of  Sh.Naresh Bali resident of House no.878, Sector -7, U.E.Karnal.

                                                   ……….Complainant.

                             Versus

 

Arpan Dreaams Developers (P) Ltd. Regd.office at SCF – 48, Sector – 7, U.E.Karnal through its owners/partners:-

1.       Chander Prakash Arora resident of Palm Residency, Karnal.

2.       Nitish Gupta Abhinav Gas Agency, Sector – 13, Main Market, Karnal.

3.       Anuj Chaudhary resident of DB-80, Sadar Bazar, Karnal.

                                                           ……… Opposite parties.

 

                    Complaint U/s  12  of the Consumer

                     Protection Act.

 

Before           Sh.K.C.Sharma……. President.

                   Sh.Anil Sharma ………Member.

                   Smt.Shashi Sharma…..Member.   

         

 

 Present:       Sh.S.N.Bhardwaj, Advocate for the complainant.

                   Sh.B.P.Singh Advocate for the Ops.

ORDER:

 

 

                        The facts giving rise to the present complaint u/s 12 of the Consumer Protection Act, 1986  are that  complainant was in need of a residential plot for construction of his house.  The Opposite Party ( in short OP)  allured the complainant to provide  a residential plot in easy installments. Accordingly, he deposited Rs.2.00 lacs vide receipt dated  27.05.2011 and Rs.3,75,000/- vide receipt dated 16.01.2012  as 25% of the total value of the plot measuring 269 sq.yds.  The OP booked the plot bearing No. C-37 for him and supplied the site plan also regarding the said plot. Later on OP became dishonest and sold the land where the said plot was carved out, in favour of some other person in secret manner as the price of the land had risen three folds. Such fact came to his notice when a public notice was published  by OP in news paper.  In this way, OP indulged in unfair trade practice. OP issued a cheque of Rs.6,49,532/- (Rs.5,75,000/-  Principal amount + Rs.74532 interest) in favour of the complainant without the consent of the complainant.  In fact, the complainant was entitled to double the amount of the earnest money or Rs.4.00 lacs  + interest.  He requested the OP to give him said amount, but OP refused to  accede to his request.

 

 

2.                Notice of the complaint was given to the OP, who appeared and filed written statement  controverting the claim of the complainant. Objections have been raised that the complainant has no loucs standi and cause of action to file the present complaint; that  the present complaint is an abuse of the process of law and that this Forum has got no jurisdiction to entertain and decide the present complaint.

 

                   On merits, it has been submitted that licence issued to the OP was withdrawn by the authorities concerned, due to which OP published public notice to settle the matter with the consumers. Accordingly, complainant settled his dispute with the OP and after receiving his entire amount, issued receipt cum no dues certificate. The complaint has been filed just to black mail the OP. It has also been averred that OP had no  not caused any wrongful loss to the complainant, because his entire amount alongwith interest has been returned to him, which was duly accepted by him. All other allegations made in the complaint have been specifically denied.

 

3.                In evidence of the complainant his affidavit Ex.CW1/A and documents Ex.CW1/B to Ex.CW1/E have been tendered.

 

4.                In evidence of the OP, affidavit of Shri Vishal Chaudhary Manager Ex.OP1/A and documents Ex.OP1 to Ex.OP4  have been tendered.

 

5.                We have heard the learned counsel for the parties and have gone through the case file very carefully.

 

6.                From the facts  and circumstances  and evidence on record, it is established that complainant had paid an amount of Rs.5,75,000/- to Ops as 25% of the total value of the plot measuring 269 sq.yds and plot No. C-37 was booked in his name. However, later on  Ops issued public notice, the copy of which is Ex.OP4, according to which  due to some unavoidable circumstances, the project could not be executed and licence applied for was also withdrawn, therefore, all the claimants/clients/debtors/creditors were asked to get back their claims with interest within fifteen days of the publishing of the notice.  Thereafter, the Ops issued two cheques one for Rs.5,75,000/- and another for Rs.50,000/- in favour of the complainant for the amount deposited by him with the OPs alongwith interest thereon and the complainant accepted that amount by getting encashed those cheques. The complainant had also given a receipt, the copy of which is Ex.OP1, accepting that the entire amount alongwith     interest  was received and he or his legal heirs would not have any claim pending against the Ops. Thus, it is emphatically clear that amount was  accepted by the complainant as full and final settlement of his claim.

 

7.                As per claim of the complainant, he is entitled to get double the amount of the earnest money or Rs.four lacs plus earnest money. It has also been submitted that interest paid by the Ops is on the lesser side.  However, not even a single document has been produced by the complainant, which may show as to what rate of interest was agreed upon or as to what amount was to be repaid by the Ops to the complainant in case of failure of Ops to give him the said plot no.C-37. Thus, the claim of the complainant is without any basis and as such the same cannot be accepted.  Even otherwise, he has also accepted the amount deposited by him with the Ops alongwith interest thereon as full land final settlement of the claim, therefore, he is not entitled to claim further amount.

8.                As a sequel to the foregoing discussion, we do not find any merit in the present complaint and consequently the same is hereby dismissed.  The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:06.10.2015                                                                            

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

 (Anil Sharma)       (Smt.Shashi Sharma)    

   Member.                              Member.