Delhi

West Delhi

CC/12/461

Uttam Chand Bansal - Complainant(s)

Versus

Dimple Chaddha - Opp.Party(s)

10 Apr 2017

ORDER

    CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                                        GOVERNMENT OF NCT OF DELHI

  150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058

                                                                                                      Date of institution: 13.07.2012

Complaint Case. No.461/12                                                       Date of order : 10.04.2017

IN  MATTER OF

Uttam Chand Bansal, Flat No.N-402, Hi Bird, Niho Scotish Garden, Ahinsa Khand-II, Indirapuram, Ghaziabad-201010.                                                                   Complainant

VERSUS

Dimple Chaddha, Director, Chaddha’s Developers & Promoters Pvt. Ltd., 29/16 Punjabi Bagh, West Punjabi Bagh Extension, New Delhi.                    Opposite party

ORDER

R.S. BAGRI,PRESIDENT

Shri Uttam Chand Bansal complainant has filed the present consumer complaint under Section 12 of the Consumer Protection Act, 1986 hereinafter in short referred as the act for seeking directions to Ms. Dimple Chadhha, Director, Chaddha’s Developers & Promoters Pvt. Ltd. hereinafter referred as the opposite party to pay Rs.5,80,000/- with interest @24% per annum till recovery and damages of Rs.50,000/- for financial and mental sufferings.

The brief facts of the complaint as stated are that the opposite party is involved in business of Real Estate in  the  name  and style of M/s. Chadhha’s Developers & Promoters Pvt. Ltd. with Ms. Dimple Chadhha as Director. The opposite party proposed a township named as Canton Greens located on NH-17 and invited interested persons to book plots and residential houses. The complainant booked a plot no.A-78 with initial deposit of Rs.2,00,000/- vide receipt no.1245 dated 28.05.07 and at the time of booking the opposite party assured the complainant that handsome profit would be given to the complainant within a year.

That on 16.06.07 the opposite party issued a letter to the complainant of allotment of plot no.A-78 on agreed terms and conditions. The complainant further deposited Rs.1,81,760/- on 30.08.07 and Rs.1,81,760/ on 08.12.07 vide receipts no.1599 and 1687 respectively. In this way the complainant paid a total sum of Rs.5,65,000/- to the opposite party.

That the complainant was not satisfied with conduct of the opposite party, therefore, wrote a letter dated 06.05.08 to the opposite party requesting to transfer the original booking of Canton  Residency Amritsar, Tarantaran Road into a commercial shop in Canton Residency Amritsar, Tarantaran Road. Thereupon, the opposite party issued letter dated 06.05.08 for allotment of shop no.39. The complainant in compliance of the allotment letter dated  06.05.08  deposited Rs.15,000/- vide cheque no.109310 dated 06.05.08 as full and final payment of the shop no.39. The opposite party as per allotment letter dated 06.05.08 was to execute registry of the shop no.39 in Canton Residency project after 15 months. But the opposite party did not start construction of the shop. The opposite party even did not inform the complainant about construction of the shop. Therefore, the complainant on 12.08.11 wrote a letter to the opposite party about his dis-satisfaction in respect of services required to be given by the opposite party and requested the opposite party to refund the amount of Rs.5,80,000/- with interest @24% per annum. The opposite party did not reply the letter. The complainant also tried to contact the opposite party many times but in vain. Therefore on 10.05.12 the complainant served a legal notice to the opposite party requesting to refund Rs.5,80,000/- with interest @24% per annum but the opposite party did not pay any heed to the request of the complainant. Therefore, there is  unfair trade practice and deficiency in service on the part of the opposite party. Hence, the present complaint for directions to the opposite party to pay Rs.5,80,000/- with interest @24% per annum.

After notice the opposite party appeared and filed reply while contesting the complaint and raising preliminary objections of maintainability of the complaint, concealment of facts, complainant himself is a wrong doer, cause of action and the complaint is false and frivolous, therefore, liable to be dismissed with special costs.

However, on merits the opposite party admitted that the complainant booked a residential plot measuring of 264 square yards @Rs.4200/- per square yard for total cost of Rs.11,08,800/- on payment of Rs.2,00,000/- as booking amount and the remaining sale price of the plot was to be paid in five equal quarterly installments of Rs.1,81,760/-payable on 28.08.07, 28.11.07, 28.12.08, 28.05.08 and 28.08.08. The opposite party on 16.06.07 issued confirmation cum payment cum allotment letter of plot no.A-78 measuring 264 square yards in Canton Residency Project at Amritsar, Tarantaran Road, Punjab. The complainant paid first installment of Rs.1,81,760/- vide receipt number 1599 dated 30.08.07. He also paid second installment of Rs.1,81,760/- vide receipt number 1687 dated 08.12.07. There was steep downward price trend in Real Estate Market and the prices of properties had considerably dropped. Hence the complainant sent letter dated 06.05.08 to the opposite party showing his inability to continue with the payments due of the plot. The complainant did not purchase the plot for his personal use but for resale at higher rates and earn huge profit. But due to recession in the Real Estate Market the prices were following a downward trend and there was no hope that the Real Estate market will regain, therefore, the complainant decided not to make further payments of the plot and requested the opposite party to transfer the transaction of the plot to a commercial shop vide letter dated 06.05.08.

That the opposite party on humanitarian  ground compromised and allotted  a commercial property i.e. shop no.39 in Canton Residency Project measuring 80 square yards for total sum of Rs.5,80,000/- vide allotment letter dated 06.05.08. The complainant made the balance payment of Rs.15,000/- vide receipt number 1757 dated 06.5.08 specifically mentioning that sale deed will be executed after construction after 15 months i.e. 05.07.09.

That the representative of the opposite party on telephone as well as personally requested the complainant to get sale deed executed. But the complainant kept on lingering date of the sale deed. All other allegations of the complaint are vehemently denied.

The complainant filed replication to the reply of the opposite party while controverting stand of the complainant and reiterated his stand.

When the complainant was asked to lead evidence by way of affidavit in support of his claim he tendered his affidavit narrating facts of the complaint. The complainant in support of his version also relied upon Annexure-1 copy of receipt no.1245 dated 28.05.07, Annexure-II Copy of allotment letter dated 16.06.07, Annexure -III copy of receipt no.1599 dated 30.08.07, Annexure- IV copy of receipt no.1687 dated 08.12.07, Annexure- V copy of letter dated 06.05.08, Annexure- VI copy of allotment letter dated 06.05.08, Annexure- VII copy of receipt no.1757 dated 06.05.08, Annexure-VIII copy of application for refund dated 12.08.11, Annexure- IX copy of legal notice dated 10.05.12, original postal receipt dated 15.05.12 and Original courier receipt dated 14.05.12.

When the opposite party was asked to lead evidence, the opposite party in support of their version tendered in evidence affidavit of Shri Gagan Arora, Senior Executive narrating facts of the reply. The opposite party in support of their case relied upon Ex.DW-1/1 receipt no.1245 dated 28.05.07, Ex.DW-1/2 allotment letter dated 16.06.07, Ex.DW-1/3 receipt no.1599 dated 30.08.07, Ex.DW-1/4 receipt no.1687 dated 08.12.07, Ex.DW-1/5 commercial property allotment letter dated 06.05.08, Ex.DW-1/6 receipt no.1757 dated 06.05.08 and Ex.DW-1/7 application for refund dated 12.08.11.

The complainant has also filed written arguments in support of his case.  We have hard Ld. Counsel for the parties and have gone through the case file carefully and thoroughly.

After having heard both the sides and going through the complaint, reply, replication, affidavit and documents relied upon by both the sides it is common case of the parties that the complainant booked plot no. A-78 in  M/s. Chaddha’s Developers & Promoters Pvt. Ltd. measuring  264 square yards @ Rs.4200/- per square yard for total sum of Rs.11,08,800/-. The complainant  was to pay the sale consideration in five quarterly installments of Rs.1,81,760/- each. The complainant paid two installments of Rs.1,81,760/- each only. He opted for transfer of the earlier transaction to a commercial shop. The opposite party on request of the complainant allotted shop no.39 in Canton Residency project at Amritsar, Tarantaran Road, Punjab measuring 80 square yards @Rs.7250/- per square yard for sum of Rs.5,80,000/-. The opposite party adjusted Rs.5,65,000/- of the complainant towards the sale price of the shop. The complainant paid the remaining sum of Rs.15,000/-. Hence it is evident that the complainant purchased shop for commercial purposes.

Before proceeding further it is worthwhile to reproduced provisions of Section 2(1)(d) of the act reads as under:-

Section 2(1)(d) “consumer” means any person who-

1. 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
2. ³(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 ³(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 the first mentioned person ⁴(but does not include a person who avails of such services for any commercial purpose);

⁵(Explanation- For the purposes of this clause “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for  the purposes of earning his livelihood by means of self-employment;).

            Admittedly, the complainant purchased a commercial shop for commercial purpose. Therefore, as per the provisions of section 2(1)(d) of the act, the complainant is not a consumer and the opposite party is not a service provider. Hence the complaint is not maintainable before this forum. Resultantly the complaint is dismissed.

Order pronounced on :   10.04.2017

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be consigned to record.

                  

 

 

(PUNEET LAMBA)                                                                          ( R.S.  BAGRI )

              MEMBER                                                                                          PRESIDENT