Delhi

East Delhi

CC/453/2013

JITENDER KUMAR - Complainant(s)

Versus

EARTH INFRA. - Opp.Party(s)

12 May 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO.  453/13

 

1. Shri Jitender Kumar

S/o Shri Kailash Narayan Sharma

R/o Flat No. T8, Prabhavathi Lotus

Kodichikkan, Halli, Bangalore                                    …….Complainants

 

Vs.

 

1. M/s. Earth Infrastructures Ltd.

26, Pusa Road, 1^st Floor

Karol Bagh, New Delhi – 110 005                                     ….Opponent

 

Date of Institution: 03.06.2013

Judgment Reserved on: 12.05.2017

Judgment Passed on: 16.05.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

JUDGEMENT

          This complaint has been filed by Shri Jitender Kumar against  M/s. Earth Infrastructures Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that the complainant booked an office space for an area of 350 sq. feet with OP in the project Earth Tech by making a part payment of Rs. 1,50,000/- vide booking no. ETO/B/0923 on 05.10.2012.  He further made second part payment of Rs. 8,50,000/-  towards the project.  The complainant received a Memorandum of Understanding (MOU), sent by Arpit Kashyap stating that the complainant was supposed to pay Rs. 14,20,750/- according to the flexi plan offered to him. 

          It is stated that the complainant was supposed to receive a sum of Rs. 10,000/- every month starting Dec. 2012 until the completion of project i.e. September 2015, but he did not receive a single rupee.  The complainant called the respondent’s customer care at 9311114064 and told them to return the money, paid by him towards the project, but he was informed that he cannot file the request of cancellation of booking until the approval of the mediator was received.

          It is further stated that the complainant called the authorized representative Shri Arpit, who told him that he cannot help him unless he signed the MOU.  He also told that if he goes for cancellation, the company will deduct the 30-40% of their money.  Thus, the complainant has prayed for refund of Rs. 10,00,000/- alongwith interest @ 18% p.a.; Rs. 80,000/- compensation on account of harassment and mental agony and litigation charges of Rs. 10,000/-.  

3.        In WS, filed on behalf of OP, they have taken various pleas.  As per application form, the complainant withdrew his application within 21 days from the date of making his first payment.  The complainant was supposed to pay Rs. 14,20,750/- through two post dated cheques with the margin period of 1 year, but the complainant failed to provide the same.  It was admitted that the complainant was supposed to receive a sum of Rs. 10,000/- every month starting from December 2012 till the realization of the first post dated cheque which was supposed to be received from the complainant at the time of execution of the MOU, but the complainant did not turn up with the signed MOU.  Other facts have also been denied. 

4.        In support of his case, the complainant has examined himself on affidavit.  He has narrated the facts, which have been stated in the complaint.    

            In defence, M/s. Earth Infrastructures Ltd. (OP) has examined    Ms. Pooja Dubey, authorized representative of OP, who has deposed on affidavit.  She has also narrated the facts which have been stated in the WS.

5.        We have heard Ld. Counsel for the complainant and have perused the material placed on record.  Counsel for OP did not appear to argue, however, their written arguments placed on record are considered.  It has been stated in the written arguments that the complainant was not a consumer as he booked the office space which amounts to a commercial transaction.

            On the other hand, Ld. Counsel for the complainant have argued that it was not a commercial transaction, but it was for their personal use.  If a look is made to the testimony of the complainant and the statement of account filed on record, it is evident that the complainant paid an amount of Rs. 1,50,000/- on 05.10.2012 and Rs. 8,50,000/- on 01.01.2013 making a total of Rs. 10,00,000/-.  This amount has been paid by the complainant for the office space which has not been allotted to him.  The plea taken on behalf of OP in their testimony has been that the complainant did not execute the Memo of Understanding under which he was to make payment of Rs. 14,20,750/-, which he did not pay. 

            Without going into the plea as to whether the complainant have failed to make the payment or the booking of office space was for commercial purpose, the fact remains that the complainant have made a total payment of Rs. 10,00,000/- for the office space, the possession of which has not been handed over to the complainant. 

            Since M/s. Earth Infrastructure Ltd. (OP) have failed to give possession of the office space within the stipulated period, it amounts to deficiency on their part.  That being so, the complainant was entitled for refund of Rs. 10,00,000/-.  Therefore, it is ordered that the complainant shall refund an amount of Rs. 10,00,000/- within 45 days from the date of order.   No ground for compensation and litigation expenses are made out as the fault also lies upon the complainant as he has not deposited the installments from time to time.  The order be complied within the stipulated period, if not complied, then Rs. 10,00,000/- will carry interest @ 9% p.a. from the date of order.    

           Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member 

 

           

            (SUKHDEV SINGH)

                                                      President