DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
ISBT KASHMERE GATE DELHI
CC/115/2018
No. DF/ Central/
Mr. Chetan Yadav
Son of Late Shri Ram Aadhar Yadav
R/o E – 64, Railway Quarter
College Lane, Mandi House
New Delhi – 110001 ……..COMPLAINANT
VERSUS
(1) M/s. Earth Iconic Infrastructures (P) Ltd.,
(Formerly known as Earth Innovative Infrastructure
(P) Ltd) and M/s Earth Group of Companies Ltd.
having Registered Office at : 26 (F.F), Pusa Road,
Karol Bagh, New Delhi – 110005
Through their Managing Directors and Directors
(2) Vikas Gupta (M.D.), resident of house No. U – 19,
Upadhyaya Block, Shakar Pur, Delhi – 110 092
(3) Avdesh Kumar Goel (M.D.), r/o EG – 102,
Inderpuri, Delhi – 110012
(4) Rajneesh Mittal (M.D.), r/o 201/204, Jwala Mansion
4/2 Asaf Ali Road, New Delhi – 110002
(5) Atul Gupta (M.D.) r/o A-1/294, Janak Puri,
Delhi – 110058
.…..OPPOSITE PARTIES
Quorum: Ms. Rekha Rani, President
Mrs. Manju Bala Sharma, Member
ORDER
Manju Bala Sharma, Member
1. Instant complaint has been filed by the complainant U/s 12 of the Consumer Protection Act 1986 as amended up to date (in short the Act)
pleading therein that he booked a Studio Apartment (Furnished) in the above
said Project having super area 520 sq. ft. (approx.) at TZ – 06, Techzone, Greater Noida, Gautam Budh Nagar, U.P. flat admeasuring 995 sq. feet in ‘Earth Towne’ project of M/s. Earth Infrastructures Pvt., Ltd., (in short the OP) and paid Rs. 50,000/- (Rupees Fifty Thousand only) vide chque no. 453661 Dt. 26-09-2014 drawn on ICICI Bank Paschim Vihar Branch, New Delhi - 63 as booking amount. The complainant invested in the project of ‘’Earth Titanium Studios’’ for earning his livelihood by way of self employment to start his own business of Insurance related job and booked a studio apartment in the above said project. It is further alleged that the Managing Directors of the Company i.e. OP 2 to 5 induced and compelled the complainant to further pay a sum of Rs. 1,65,800/- as the registration amount for the said Project in order to finalise the deal which the complainant paid vide cheque No. 428923/- dated 06-01-2015 drawn on ICICI Banking Corporation Ltd., Paschim Vihar, New Delhi in the name of ‘’Earth Iconic Infrastructure (P) Ltd.’’.
The complainant visited the registered office of the OP to know about the development of the Project and also visited the site at Greater Noida but found that nothing was constructed there and there was no progress in construction
work in the said project. The complainant thereafter demanded his invested
amount number of times but instead of paying back the same the Managing
Director/Directors of the Company asked him to shift his plan from ‘’Earth Titanium Studio’’ to some other project of the company viz. Earth Towne/ Earth Sapphire Court/ Earth Copia i.e. but refused to return the amount of Rs. 2,15,800/- paid to the OPs by the complainant.
2. Complainant visited the office of the OP several times and asked them to return the money but no satisfactory reply was received nor did they return the same. Complainant issued legal notice to the OPs. Pleading deficiency in service and unfair trade practice the complainant prayed that OPs be directed to pay a sum of Rs. 2,15,800/- with interest at the rate of 24% per annum from the date of each payment till the filing of the complaint, future interest at the rate of 24 per annum of the decretal amount till the date of realization of the decretal amount Rs. 50,000/- as compensation for the mental agony, harassment, tension and loss suffered by the complainant and Rs. 22,000/- as cost of litigation.
3. We have heard Shri N.K. Verma learned counsel for complainant on whether this Forum has pecuniary jurisdiction to proceed with the matter.
4. Booking application form is placed on record. It indicates that a studio apartment was booked by the complainant measuring 520 sq. feet at the basic
sale price of Rs. 4150/- which comes to Rs. 21,58,000/- (Twenty One Lac Fifty
Eight Thousand) which is beyond the pecuniary jurisdiction of this Forum.
5. As per Section 11 (i) of the Act the District Forum has pecuniary jurisdiction to adjudicate claims where the value of goods and services and the compensation claimed does not exceed Rs. 20 Lacs.
6. Since this forum lacks pecuniary jurisdiction to adjudicate the claim, the instant complaint be returned to the complainants to be presented before the appropriate forum having jurisdiction. Copy of the same be retained on record. Copy of this order be sent to the parties as statutorily required. File be consigned to record room.
Announced on this 6th Day of August 2018.
