Jharkhand

Bokaro

CC/16/15

Dinesh Kumar Agrawal - Complainant(s)

Versus

Director Shri R.K Arora & Sri Mohit Arora - Opp.Party(s)

04 May 2018

ORDER

Complainant Dinesh Kumar Agarwal filed this complaint for a

claim to direct O.P. to provide Xerox Copy of approved map and Completion Certificate, a direction to provide all amenities as per allotment before handing of possession of plots, approach road, cross verification of the plots, Registration, charge of 2% (Two) for delayed possession etc.

2          Case of the Complainant is the that representative of O.P. Sri Pramod Kumar Lath resident of Chas, Bokaro, approached in 2011 for buying on land plot in Spartech Golf Country Project at Gautam Budh Nager, U.P. and possession will be handed over within May 2013. Pursuant to this an allotment letter in agreement form on 11-11-2011 allotting Plot No. R001D00175/ Plot in project called Golf Country. He paid Rs. 3,00,000/- and deposited further amounts as per demand. The total cost of the plot was Rs. 42,17,500/- as per allotment letter.

            On 31-01-2015 O.P. changed the plot allotted earlier and persuaded to cancel the said plot. Complainant to avoid conflict, agreed for allotment to another plot No. R001D10010 in Block D1 in the same project for the cost of Rs. 40,50,000/- O.P. confirmed to hand over the plot in March 2013 and complainant paid Rs. 25,12,500/- and rest amount of Rs. 15,37,500/- was payable on possession. But still the possession was not handed over. O.P. vide letter dt. 21-11-2015 demand total due for Rs. 26,56,576/- on the pretext of pre- possession. Thus it was illegal demand of Rs. 10,32,076/- plus Rs. 87,000/- as service tax. After several correspondence O.P. agreed to a rebate of Rs. 3,31,250/- only.

            Thus, the acts and conduct of O.P. is a fraud and cheating and negligence and unfair trade practice.

3          Complainant files following documents for support:-

Anx-1-  Copy of Allotment Letter dt. 11-11-2011 with M/s Janak Towers    

             Pvt. Ltd.  and O.P.

            Anx-2-Copy of Legal notice dt 30-01-2016.

            Anx-3- Copy of Letter of O.P. dt. 21-11-2015 addressed to M/s Janak     

                        Towers Pvt. Ltd.

            Anx-4-Copy of  E- mail to complaint official mail address.

4          O.P. No.1 appeared and filed W.S. It is submitted that case is not maintainable and complainant is not a consumer and O.P. and O.P. sold the plot to M/s Janak Towers Pvt. Ltd. and complainant filed this case in a individual capacity. It is further submitted that complainant has booked two plot bearing NO. D1/10 and D1/11 in the same project in the different name of his two company i.e. M/s Janak towers Pvt. Ltd. and M/s Tulsi Rolling a flour Mills Pvt. Ltd. vide Allotment letters of plot D1/10 and Plot D1/11 ( Vide Anx-A&B) and complainant also filed Memorandum of Association of M/s Janak Towers Pvt. Ltd. (Anx-C). These documents show that complainant on behalf of companies filed this case, hence he is not a consumer. Hence, this compliant is liable to be dismissed.

F I N D I N G S

5          We perused the record and the Anxes 1,2,3&4 and Anx- A,B and C of the O.P.

            The preliminary objection raised by the O.P. is that complainant is not a consumer as defined in C.P. Act.

            Form perusal of the Anx-1,2,and 3 as well as Anx A- B and  C, we hold that the complainant is not a consumer and the allotment of land with O.P. was with M/s Janak Towers Pvt. Ltd. and M/s Tulsi Rolling and Flour Mill  Pvt Ltd. Thus shows that plots were purchased for commercial purpose and it is a contract of sale and purchase of land, hence the complaint is not maintainable. Hence it is hereby, dismissed.