| Complaint Case No. CC/263/2024 | | ( Date of Filing : 29 Apr 2024 ) |
| | | | 1. PRADEEP JAIN | | S/O LATE SH.SHIKHAR CHAND JAIN R/O D-129,MAHENDRU ENCALVE,OPP.MODEL TOWN-II,NEW DELHI-110009 |
| ...........Complainant(s) | |
| Versus | | 1. DPL BUILDERS PVT.LTD. | | 46,SOUTH GANESH NAGAR,PATPARGANJ ROAD,NEW DELHI-110092 ALSOAT-E-57,FLAT NO.202,WEST VINOD NAGAR,NEW DELHI-110092 | | 2. DPL BUILDERS PVT.LTD. | | THROUGH ITS MANAGING DIRECTOR SH.KAMAL DUTTA S/O SH.K.G.DUTTA 46,SOUTH GANESH NAGAR,PATPARGANJ ROAD,NEW DELHI-110092 ALSOAT-E-57,FLAT NO.202,WEST VINOD NAGAR,NEW DELHI-110092 | | 3. M/S SOLARIS REALTECH PVT.LTD. | | 46,SOUTH GANESH NAGAR,PATPARGANJ ROAD,NEW DELHI-110092 ALSOAT-E-57,FLAT NO.202,WEST VINOD NAGAR,NEW DELHI-110092 PRESENT-FLORA HERITAGE COMM.BUILDING,PLOT NO.16-B,SEC-1,GREATER NOIDA(WEST) | | 4. AND | | PROPERTY NO.373,BHOLA NATH NAGAR,GALI NO.4,R.S.BLOCK,JHARKHANDI ROAD,SHAHDARA,NEW DELHI-110032 | | 5. M/S SOLARIS REALTECH PVT.LTD. | | THROUGH ITS DIRECTOR,SH.KARAN DUTTA S/O LATE SH.K.G.DUTTA 46,SOUTH GANESH NAGAR,PATPARGANJ ROAD,NEW DELHI-110092 ALSOAT-E-57,FLAT NO.202,WEST VINOD NAGAR,NEW DELHI-110092 | | 6. PRESENT ADDRESS | | FLORA HERITAGE COMM.BUILDING,PLOT NO.16-B,SEC-1,GREATER NOIDA(WEST)201306 AND -PROPERTY NO.373,BHOLA NATH NAGAR,GALI NO.4,R.S.BLOCK,JHARKHANDI ROAD,SHAHDARA,DELHI-110032 |
| ............Opp.Party(s) |
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| Final Order / Judgement | MS. NIPUR CHANDNA, MEMBER ORDER 10.06.2024 1. The complainant has filed the present complaint with the prayer of refund of the deposited amount of Rs. 34,12,500/- along with the prayer to direct the OPs to pay interest @18% p.a on Rs. 51,188/- per month as mentioned in the agreement dated 17.01.2014 till the actual date of payment to the complainant. Beside this complainant has prayed for sum of Rs. 40 Lakhs on account of compensation and Rs. 75,000/- for litigation expenses. In brief the facts of the complaint are that OPs in collusion with each other fraudulently and wrongly took the hard earned money and life saving of the complainant on the terms and assurance that they will pay return of Rs. 51,188/- after deduction of Rs. 5,100/- TDS per month for a period of 18 months and after expiry of 18 months the complainant is at liberty to exit from the above project. The interest amount paid to him would not be claimed by OPs and the principal amount of Rs. 34,12,500/- would be released unconditionally. The OPs further assured the complainant to release the amount on or before 31.03.2019 and also assured the complainant to continuously pay the return as agreed between the parties wide agreement dated 17.01.2014. 2. The facts mentioned in the complaint clearly establish that complainant is seeking recovery of money deposited with OPs on 20.01.2014. We have perused the record, there is no documents on record which shows that complainant protested at any point of time to the OPs in respect to the non receipt of the monthly returns as well as the refund of the money. The present case has been filed for recovery of amount paid by the complainant in pursuance to the agreement executed between the parties on 17.01.2014. In substance, the present case is of case of recovery of money and not in principle of consumer dispute. 3. Admittedly, for recovery of money the limitation period in the Limitation Act is 3 years which seems to be lapsed. Now by filing present consumer complaint, the complainant has made an attempt to recover the amount of money from OP which is barred by time before the civil court. 4. On the basis of above observation and discussion the complainant by filing the present case seeking the relief of recovery of money for which this commission is not empowered. It is also establish that the refund claim of the complainant is also not within the limitation provided by section 69 of the CP Act, 2019, as the complainant had paid the last payment to the OP on 17.01.2014 and OP agreed to continuously pay the return as well as refund of the deposited amount to the complainant on or before 31.03.2019, hence, the substantive cause of action for filing the present complaint arose on 31.03.2019. The complainant ought to have file the present complaint within two years of the accrual of cause of action i.e. 31.03.2021. The complainant has filed the present complaint on 29.04.2024 i.e. after the delay of 02 years and 01 month of the accrual of cause of action, the present complaint is therefore barred by limitation, hence, dismissed. File be consigned to record room. - Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.
Announced in open Commission on 10.06.2024. Sanjay Kumar Nipur Chandna Rajesh President Member Member | |
