Oral

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Complaint No. 190 of 2018

Vinay Wires and Poly Products Pvt. Ltd.,

16/40, Civil Lines, Kanpur.                           ….Complainant. 

Versus

1- Earth Infrastructures Ltd., Corporate Office,

    A-1, C & D, Sector 16, near Metro Station,

    Noida, Gautam Buddha Nagar-201301

2- Earth Infrastructures Ltd., Regd. Office 26,

    First Floor, Pusa Road, Karol Bagh, New

    Delhi-110005.                                       …Opposite Parties.

Present:-

Hon’ble Mr. Sushil Kumar, Presiding Member.

Hon’ble Mr. Vikas Saxena, Member.

Sri S.K. Sharma, Advocate for complainant.

None appeared for the opposite parties.

Date  18.10.2022

JUDGMENT

Per Mr. Sushil Kumar, Member: This complaint has been filed against the opposite parties to recover Rs.19,26,250.00 as per agreement entered between the parties. Again to receive Rs.11 lacs towards return of 1% interest as per terms and conditions, Rs.8 lacs for causing mental and physical harassment/agony and Rs.  30,000.00 as cost of the case.

          On perusal of the complaint, it appears that the complainant booked one office space in the building known as Earth Sapphire Court measuring 450 sq. feet situated at 7^th floor at the rate of Rs.5500.00 per sq. foot. Total price being Rs.24,75,000.00. He further mentioned that the opposite parties fraudulently obtained huge amount from him. So the complainant is entitled to get Rs.19,26,250.00 and 1% interest on investment of the monthly payment. Therefore, as per the allegation of the complaint itself, the complainant booked an

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office space for commercial purposes and not for residential purposes. Therefore, this is a commercial transaction between the parties and the complainant is entitled to get reliefs from the competent civil court. There is no consumer dispute arises between the parties. Hence, the complaint is not maintainable under the Consumer Protection  Act, 1986. The complaint deserves to be dismissed.

ORDER

The complaint is dismissed.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.       

          (Vikas Saxena)                            (Sushil Kumar)                             

                Member                              Presiding Member

Judgment dated/typed signed by us and pronounced in the open court. Consign to record.

          (Vikas Saxena)                            (Sushil Kumar)                             

                Member                              Presiding Member

Jafri, PA II

Court 2