Haryana

Gurgaon

CC/93/2015

priya chaudhary - Complainant(s)

Versus

M/s Aerena gold souk. - Opp.Party(s)

complainet in person

20 May 2016

ORDER

                                           DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM, GURGAON-122001

                                                                                                                         Consumer Complaint No: 93 of 2015                                                                                                                            Date of Institution: 08.01.2015/25.02.2015                                                                                                                                                        Date of Decision: 20.05.2016

Priya Chaudhary aged 32 years D/o Shri Ranvir Singh Choudhary and w/o Sh. Sumit Kachroo, Resident of H.No.748-A/2, Patel Nagar, Gurgaon.                                                                                                                                      ……Complainant.

                                                Versus

M/s Aerens Gold Souk International Limited having its registered office at Gold Souk, Block-C, Sushant Lok, Phase-I, Gurgaon through its authorized person/signatory.

 

M/s Investors Clinic, having its office at FF-136,8th Floor, Iris Tech Park, Sohna Road, Gurgaon through its authorized person/signatory/ proprietor.

 

                                                                                              ..Opposite parties

                                                                                               

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

 

BEFORE:     SHRI SUBHASH GOYAL, PRESIDENT

SMT JYOTI SIWACH, MEMBER

                   SH.SURENDER SINGH BALYAN, MEMBER.

 

Present:        Shri C.K.Sharma, Adv for the complainant.

                    Shri Vipin Gupta, Adv for the OP-1.

                    Representative of OP-2

 

ORDER       SUBHASH GOYAL, PRESIDENT.

The case of the complainant, in brief, is that she has applied for advance registration of a unit measuring 1250 sq. ft  in the upcoming project of OP-1 and paid a sum of Rs.9,53,000/- vide cheque No.353006 dated 05.04.2013 for Rs.4,76,500/- and cheque bearing No.353007 dated 05.05.2013 for Rs.4,76,500/-. The opposite parties have assured the complainant that the construction will be started very soon but the opposite parties failed to raise the construction. The complainant requested the opposite party to refund the entire booking amount with interest but of no use. Thus, there was deficiency in service on the part of the opposite parties. The complainant prayed that the opposite parties be directed to refund Rs.9,53,000/- with interest. She also sought compensation of Rs.1 Lac for harassment and mental agony and litigation expenses to the tune of Rs.25, 000/-.

2                 OP-1 however in its written reply has admitted that the complainant has deposited Rs.9,53,000/- with OP-1. It is alleged that during the course of negotiation, the OP-1 had made offer for provisional allotment to complainant having an area approx. 1250 sq. ft. in their project “Gold Souk Connuaght Place, Hisar” situated at village Hisar, Vakya Mauja Hisar. The said offer was accepted by the complainant which was resulted into the blocking of 1250 sq. ft area in the Hisar project of the OP-1 exclusively for  the complainant. The OP-1 requested the complainant to execute all necessary documents and to make the payment as per the payment plan for the balance consideration. Later on 29.08.2014 complainant submitted letter for cancellation of her provisional booking mentioning therein that she had some unavoidable circumstances and because of which she is not in a position to continue with her application. However, OP-1 had also given an option for refund of her amount subject to deduction of expenses which were incurred for retaining the said area of 1250 sq. ft. However, the said offer of the OP-1 was flatly refused by the complainant.

3                 We have heard the learned counsel for the parties and have perused the record available on file.

4                 Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the counsel for the parties it emerges that the complainant has filed the present complaint against the OPs alleging deficiency in service on their part on the ground that the complainant applied for advance registration of the unit measuring 1250 sq. ft in the future project of the OP-1 and paid a sum of Rs.9,53,000/- with OP-1. OPs assured that the construction will be started shortly but so far no construction has been raised and as such deficiency in service can be said to have been caused by OPs and the booking amount of the complainant be got refunded.

5                 However, as per the contention of the OP the complainant was not a consumer as defined u/s 2(1) (d) of Consumer Protection Act, 1986 rather she was a investor as she acquired the land for commercial purposes which is situated in commercial project called “Gold Souk Connaught Place, Hisar” and as such on this score the complainant was not a consumer. It was also contended that complainant herself gave a letter dated 29.08.2014 for cancellation of her provisional booking on account of unavoidable circumstances and the complainant himself has not paid the balance amount  and on account of non-payment of balance amount loss has been caused. The OP has also raised a contention that the complainant was not a consumer as so far no unit has been allotted to her and moreover, the project in which the complainant invested money is situated at Hisar and thus, this Forum has no territorial jurisdiction to try and decide the present complaint.

6                 However, after going through the facts and circumstances of the case and the arguments advanced on behalf of both the parties it emerges that the complainant has applied for advance registration of unit of OP-1 in its future project. There is  nothing  either in the affidavit  or in the complaint as to where the said project would be situated. No doubt no unit has been allotted to the complainant so far and as such in strict technical sense the complainant is not a consumer for want of allotment but at the same time it is evident that the OP has not specifically offered allotment to the complainant in any of the upcoming project. The complainant has also produced on file photocopies of advertisements through website in order to show that the project of the OP is also situated at Gurgaon. No doubt the complainant has also applied for refund of the amount which was not paid by the complainant. Therefore, in the present circumstances of the case we are of the opinion that the complainant herself has not made the balance payment and failed to maintain the financial discipline. At the same time the OPs have not completed the project within the stipulated period and thus, both the parties are at fault.

7                 The argument of the OP-1 that the project is situated at Hisar and as such this Forum has got no territorial jurisdiction is not sustainable in the eye of law because all the transactions had taken place at Gurgaon and the OP-1 has got its office at Gurgaon.

8                 Therefore, we allow the present complaint and direct the opposite party No.1 to refund Rs.9,53,000/-along with interest @ 9 % p.a. from the date of filing of the present complaint i.e. 08.01.2015  till realization.  The complainant is also entitled to litigation expenses to the tune of Rs.3100/-. The OP-1 shall make the compliance of the order within 30 days from the date of receipt of the copy of this order. The parties be communicated of the order accordingly and the file be consigned to the records after due compliance.

 

Announced                                                                                                                               (Subhash Goyal)

20.05.2016                                                                                                                              President,

                                                                                                                                              District Consumer Disputes

                                                                                                                                              Redressal Forum, Gurgaon

 

(Jyoti Siwach)        (Surender Singh Balyan)

Member                 Member