Anil Saxena VS     M/s BPTP Limited  (CC No.446 of 2015)

Present                  Shri Mahesh Kumar, Adv for the complainant

                             Learned counsel for the complainant requests for adjournment. To come up on 01.10.2015 for consideration on the point of admissibility.

                             Member                 Member       President,

                                                                             DCDRF, GGN

                                                                             21.09.2015

Present                  Shri Mahesh Kumar, Adv for the complainant

ORDER

                             Heard on the maintainability of complaint.  From the relief clause it emerges that the complainant has sought refund of the amount which was deposited by him with the opposite party towards booking of the flat on 05.03.2008 vide Cheque and the concerned bank has issued certificate that the said cheque has been got encashed on 25.03.2008. It is pertinent to mention here that no flat has been allotted to the complainant so far. Therefore in absence of any allotment of flat the complainant is not a “Consumer” of the opposite party in view of the law laid down by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No.3649 of 2014 titled as Delhi Development Authority Vs Shri Parveen Kumar decided on 29.01.2015.

                        Moreover, from the contents of the complaint it emerges that the complainant has sought refund of Rs. 3 Lacs by way of present complaint which has been filed on 26.08.2015 i.e. approximately after the expiry of more than seven years. Therefore, the relief claimed is also barred by limitation. Moreover, the remedy for recovery is available before the Hon’ble Civil Court.

                         Therefore, in view of our above discussion we dismiss the present complaint holding that the complainant is not a “Consumer” as defined u/s 2(1)(d) of the Consumer Protection Act, 1986 and the complaint is also barred by limitation. Thus, it is dismissed being not maintainable.

                   File be consigned to the records after due compliance.

                   Member                 Member                                                                                      President,

                                                                                                                                                    DCDRF, GGN

                                                                                                                                                        01.10.2015