Delhi

East Delhi

CC/24/2015

DWIJENDER KUMAR - Complainant(s)

Versus

EARTH INFRA - Opp.Party(s)

25 Sep 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.  24/15

 

Shri Dwijender Kumar Sharma

48, Vishwakarma Apartment

Vasundhra Enclave

Delhi – 110 096                                                                     ….Complainant

 

Vs.

 

1. The Managing Director

Earth Infrastructures Limited

26, 1^st Floor, Pusa Road

Opp. Karol Bagh Metro Station

Delhi – 110 005

 

2. The Manager

Earth Infrastructure Limited

A-1, C&D, Secvtor-16

Near Metro Station

Noida, Uttar Pradesh – 201 301                              …Opponents

 

 

Date of Institution: 12.01.2015

Judgment Reserved on: 25.09.2017

Judgment Passed on: 26.09.2017

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

          This complaint has been filed by Shri Dwijender Kumar Sharma against the Managing Director (OP-1) and Manager (OP-2) of Earth Infrastructure Limited, under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that in February, 2014, the complainant gave a cheque of Rs. 1,25,000/- to Mr. Hariom Garg, employee of M/s. Earth Infrastructure Limited (OP-1), for booking of office space reference CSN ETSO-148 for which no receipt was issued.  Their executive assured him that they will provide agreement and allotment letter with full terms and conditions after the cheque was cleared.  He also assured the complainant that they will refund the money, in case of any discrepancy was found.  Believing him, the complainant kept on waiting allotment letter and agreement letter.  After the cheque was cleared, the complainant called Mr. Hariom Garg, who was not traceable.  The complainant tried to convey his grievance to OP, but nobody pay any heed. 

          The complainant had sent a letter of dated 30.11.2014 as a last resort to seek an amicable resolution, but to no avail.  Thus, the complainant have stated that there has been deficiency on the part of OP as well as unfair trade practice as they have booked the space, but have not provided allotment letter as well as agreement letter.  Thus, he has prayed for direction to OP to refund Rs. 1,25,000/- alongwith interest; Rs. 50,000/- compensation on account of mental agony and Rs. 5,000/- towards cost of petition.   

3.       In the WS, filed on behalf of OP, they have taken various objections such as nature of transaction was commercial; there was no territorial jurisdiction as the company was having its office at Pusa Road, Karol Bagh.  They have admitted that the complainant paid an amount of Rs. 1,25,000/- vide cheque no. 250084 dated 16.02.2014.  The complainant have not paid the due installments.  They sent a final letter dated 27.05.2015 for getting the dues cleared. 

          They have further stated that Memorandum of Understanding / Allotment Letter was issued after deposit of 60% of the total dues.  Further, the complainant issued cheque no. 002123, drawn on HDFC bank for Rs. 6,25,000/-, which was dishonoured.  There was outstanding payment of Rs. 15,59,849/-.  Other facts have also been denied.

4.       The complainant has filed rejoinder to the WS of OP, wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.       In support of its complaint, complainant have examined himself.  He has deposed on affidavit and have narrated the facts stated in the complaint.

          In defence, Earth Infrastructure Limited (OP) have examined Shri Ankit Singh, authorized representative of the company, who have deposed the facts, which have been stated in the WS.  He has also got exhibited documents such as booking application form (Ex.OP/1), reminders sent to the complainant for making payment through letters dated 02.04.2014, 13.09.2014, 09.10.2014, 29.10.2014 and 31.01.2015 (Ex.OP/2 colly.) and final reminder (Ex.OP/3).

6.     We have heard the complainant, however, counsel for OP have not appeared to argue.  Though, they have not appeared to argue, however, their plea taken in the WS have to be considered. 

          The first and foremost point, which has been taken by OP in their written statement has been with regard to nature of transaction.  It has been stated in the WS that the complainant have booked office space, which amounts to commercial transaction.  On this, complainant was questioned during the arguments, he have stated that being an Ex-serviceman, he booked office space for his livelihood.  Though, there is nothing on record in this respect, but his oral submission have to be believed.  Thus, this plea that the transaction was of commercial nature cannot be accepted.

          The second plea, which they have taken, has been with regard to jurisdiction.  It has been stated in the WS that the company being based at Karol Bagh, this forum was not having jurisdiction to entertain the complaint.  No doubt, Earth Infrastructure Limited (OP) have been based at Karol Bagh, this objection cannot sustain as competence of this tribunal have not been in question.  From the evidence on record, it is admitted fact that the complainant paid an amount of Rs. 1,25,000/- on 16.02.2014 being the registration amount.  The record also shows that the company have sent the letters to the complainant from time to time asking him to deposit the balance amount and lastly they have sent the final reminder prior to cancellation of provisional booking of dated 27.05.2015.  After this, the company have not got the booking cancelled.  No doubt, the complainant have not deposited the amount as demanded from time to time, but the fact that Earth Infrastructure Limited (OP) have not got the booking cancelled, their right of forfeiting the earnest money goes.  Therefore, the complainant was entitled for refund of the booking amount.  Since, the complainant have not adhered to the demand made by Earth Infrastructure Limited (OP), it cannot be said that the complainant have suffered any mental pain and agony, for which he has to be compensated.

            In view of the above, we order that M/s. Earth Infrastructure Limited (OP-1) shall refund an amount of Rs. 1,25,000/- with 6% interest from the date of filing the complaint.  There is no order as to compensation and cost of litigation.

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

          File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                                             (SUKHDEV SINGH)

     Member                                                                                   President