Jharkhand

Bokaro

CC/16/144

Abhinav Kumar Dokania - Complainant(s)

Versus

Messers Amit Realty Private Limited - Opp.Party(s)

S.N. Day

30 May 2019

ORDER

Complainant Abhinav Kumar Dokania filed this case for a claim to direct O.P. to give possession of the office unit no. 404 allotted to the complainant. It is further prayed for a award of Rs. 22,000/- with 8% interest over the deposited amount till delivery of possession and compensation of Rs. 1,00,000/- for willful delay in the possession.

2          The facts of the case in that complainant, as per advertisement in year 2011 of Bokaro Mall for sale of the premises called “Office” booked one office, having area of 393 sq.ft. at a price of Rs. 6,21,250/- as per agreement. dt. 02-02-2012.

            Complainant, as per schedule, paid Rs. 5,60,000/- and the possession was to be given by July 2013 and this time may be extended for six months failing which O.P. has to pay interest 8% p.a. on the deposited amount.

            On 21-04-2016 the complainant received a letter from O.P. for delivery of possession of the allotted unit within 15 days after making payment of Rs. 3,65,081/-

            Complainant replied the letter/ notice through lawyer accepting Rs.1,20,000/- only out of the other demands by the O.P. which are unauthorized as per the agreement.

            Complainant demanded Rs. 1,00,400/- for delayed charge with interest of 8% p.a. on the paid amount. After adjustment the compensatory amount of Rs. 1,00,400/- The outstanding remaining in Rs. 19,604/- which complainant paid through cheque along with reply notice dt. 13-05-2016 which was also encashed by O.P.

            O.P.  denied to pay compensation and did not reply to letter asking for to state unforeseen reasons for delay in delivery.

            Hence this case is filed.

3          Complainant filed the following documents:-

            Anx-1- Copy of terms and condition of Bokaro Mall

            Anx-2- Copy of notice of possession dt. 21-04-2016

            Anx-3- Copy of letter dt. 13-05-2016 by the complainant

            Anx-4- Copy of the cheque of Rs. 19604/-

            Anx-5- Copy of reply of legal letter of O.P. dt. 18-06-2016

            Anx-6- Copy of reply by the complainant to O.P. dt. 18-07-2016

4          O.P. M/s Amit Realty Pvt. Ltd. appeared and filed W.S. it is submitted that the case is not maintainable as the complainant is not a consumer and dispute is not a consumer dispute.

            It is submitted that the brochure for booking, having terms and condition were published before 2009 after allotment of the land by SAIL to O.P. it was expected the work would have been completed by the end of year 2012 and delivery period was fixed in the year 2013. But the SAIL stopped the construction work and drawing of the O.P. was cancelled by letter dt. 07-01-2011. Again after approval, construction was started on 23-03-2012. Further due to outbreak of fire in the mall during construction in 2015, the complainant hurriedly replied the genuine demand dt. 21-04-2016 and creates doubt over the working.  On 01-10-2016 O.P. sent a reminder letter to take the possession but the complainant never cared to take hand over.

            Thus, it is not maintainable and case is liable to be dismissed.

5          The following documents are filed by the O.P.

            Anx-A- Copy of the minute dt. 02-09-2014 of the O.P.

            Anx-B- Copy of the SAIL to O.P. dt. 11-02-2010

            Anx-C- Copy of the SAIL to O.P. dt. 07-01-2011

            Anx-D- Copy of the SAIL to O.P. dt. 23-03-2012

            Anx-E- Copy of the lease deed between SAIL and O.P. dt. 05-09-2009.

            Anx-F- Copy of the notice of possession  dt. 21-04-2016 by O.P.

            Anx-G- Copy of the letter dt. 10-05-2016 to the complainant by O.P.

            Anx-H- Copy of the letter dt. 01-10-2016 by O.P. to the complainant

            Anx-I- Copy of the letter dt. 19-10-2016 by O.P. to the complainant.

            Anx-J- Copy of the terms and condition

            Anx-K- Copy of the allotment letter dt. 18-01-2012

FINDINGS

6          We perused the complaint, written statement and the documents filed by both the sides.

7          O.P. has raised the objection that since the complainant is not a consumer, so, this case is not maintainable at this forum and the dispute is not a consumer dispute.

            According to the complainant, he has purchased the unit no. 404 on payment. But the complainant has not filed any sale deed showing purchase of the unit. Anx-1 is the terms and condition under in which clause 2 (a) (b) shows that the land over which the “Bokaro Mall” is erected, is a lease land which is a government land which was leased by Government of Bihar to SAIL in year 1962 and SAIL has sub- leased the area to O.P. in the year 2009 for the purpose of erection of ancillary works incidental to the construction of the iron and steel for a period of 33 years.

            Thus, It is clear that the unit claimed to be purchased by the complainant is not purchased premises. Rather, a license by the O.P. was to be given in the form of further intended sub- lease of the premises to the complainant. This is purely a contract between the complainant and the O.P. and dispute is breach of the terms and condition of the contract.

            As such, we hold that complainant is not a consumer and dispute is not a consumer dispute.

8          Accordingly, this case is not maintainable at this forum and hence, it is hereby dismissed.

            O/C is directed to deposit the record in the record room.