Delhi

New Delhi

CC/134/2016

Firoz Ahmad - Complainant(s)

Versus

Axis Bank Ltd. - Opp.Party(s)

16 Sep 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.134/2016                             Dated:

In the matter of:

Firoz Ahmad,

Flat No.902, Tower A,

Amrapali Sapphire,

Sec. 45, Noida, UP

                           ……..COMPLAINANT

VERSUS

1. AXIS BANK LTD.,

Through its Manager,

Himalaya House, 1^st Floor,

23, K.G. Marg, New Delhi.

 

2. SDS Infratech Pvt. Ltd.,

Through its Director,

NRI Residency, Plot No.GH-04/A,

Sec.45, Noida-201303.

                      Opposite Parties

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

 

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The brief facts as alleged in the complaint are that the complainant obtained a home loan of Rs.30 lacs from OP Bank to purchase a Residential flat bearing No.T-2/1003 NRI Residency, Sec. 45, Noida UP. The complainant requested OP-1 to release the instalment of Rs.3,53,717 for 13^th floor slab as per the demand raised by OP-2. However, despite eligibility of complainant, OP-1 failed to release the instalment of 13^th floor slab, as such the complainant approached Ombudsmen for redressal his grievance vide complaint No.201213014001558 dt. 6.2.2012. 

2.     During the course of proceeding before Ombudsmen, OP-1 undertook to bear the interest or penalty to be paid by it for the period from 14.12.2011 to 16.7.2012 provided that the written demand of the same is made by OP-2.  The OP-2 is not impleaded in the arrays of the parties before Ombudsmen. OP-2 started regularly threatening the complainant for imposition of interest or penalty for the delayed payment. 

3.     As such, the complainant filed a Consumer complaint bearing No.297/2012 before Ld. District Forum North in which the Ld. District Forum North, vide its order dt. 16.6.2014 to hold OP-1 guilty of deficiency in services and award a compensation of Rs.1,000/- and litigation cost of Rs.2,000/- against OP-1 for delay in disbursing the instalment of 13^th floor slab.

4.     It is alleged that the OP-2 issued various demand letter to the complainant at various stages of construction but did not raise any demand for payment of interest for long period of 3 years.  Finally vide e-mail dt. 27.4.2015, OP-2 asked the complainant to clear the interest amount charged by him against the delayed payment.   The complainant vide its letter dt. 11.5.2015 and 30.6.2016 protested against the interest charged by OP-2.  However, OP-2 did not pay any heed to his request and threatened him to take coercive action against the allotted unit, as such, the complainant paid a sum of Rs.48,000/- towards the disputed interest to OP-2 under protest. 

5.     The complainant also approached OP-1 for the payment of disputed interest of Rs.48,000/- but both the OPs did not respond to his request. .  It is also stated by the complainant in his complaint at Para-7 that as on date, he has sold the Unit to another person. It is alleged that as per the statement made in the written statement of OP-1 before Banking Ombudsman, Delhi, OP-1 is liable to pay a sum of Rs.48,000/- deposited by him with OP-2, hence this complaint

6.     Notices were issued to both the OPs, despite service, none appeared on behalf of both the OPs, hence, they were ordered to be proceeded with ex-parted vide order dt. 15.3.2017

 

7.     Complainant has filed his evidences by way of Affidavits.

8.     We have heard the arguments advanced at the Bar on behalf of complainant.

 

9.     Perusal of the file shows that complainant has no Locus Standi to file the present complaint.  The complainant in the present complaint admitted at Para-17 that he had sold the Unit in question to some other person before filing of the present complaint. Admittedly, the relief claim against OPs is related to the unit in question as well as the home-loan granted against the same.  Since the complainant has sold the unit in question to some other person, we are of the considered view that the complainant does not within the definition of Consumer as per section 2 (1) (d) of the C.P. Act which was reproduced as under:

        section 2 (1) (d) of the C.P. Act 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

ii)      [hires or avails of] any services 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 services 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 first mentioned persons [but does not include a person who avails of such services for any commercial purpose].

 

10.    In view of the above discussion, we are inclined to hold that the complainant  does not fall within the definition of consumer as define in the Section 2 (1) (d) of CP Act. and is not a consumer. Sh. Firoz Ahmed  has no Local Standi to file the present complaint.  Therefore,  we find no merits in the complaint,  same is hereby dismissed.

A copy of this order be sent to both parties free of cost by post. This final order be sent to server (www.confonet.nic.in ). File be consigned to Record Room.

Announced in open Forum on 16/09/2019. 

 

 

                             (ARUN KUMAR ARYA)

                                            PRESIDENT

                                    (NIPUR CHANDNA)                                                  (H M VYAS)

                                            MEMBER                                                                MEMBER