DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No. 106/2024

QUORUM:

Order By: Shri S.S. Malhotra (President)

JUDGMENT

By this order the Commission shall dispose off the arguments of the complainant on admission.

1. Brief facts as stated by the complainant in the complaint are that complainant booked a prospective flat in the year 2006 with the OP1 to OP3 and the total amount of the booked flat was Rs.27,83,025/- out of which he paid Rs.3,00,000/- at the time of booking by way of cheque and Flat No.501, Block Q1, 5^th floor, Area measuring 1300 sq. ft. was allotted to him. On further demand by the OP1  to OP3 he paid another amount of Rs.3,95,756/- and has in total paid the amount of Rs.6,95,756/-.
2. The OP was supposed to handover the unit within three years from the date of application which he did not complete nor handed over the possession and after writing various letters a compromise dated 06.07.2015 was entered into in between the complainant and respondent No. 1 to 3 and OPs had agreed to return Rs.695756/- to the complainant in monthly installment of Rs.100000/- and Rs.100000/- was given to the complainant on 17.07.2015 but remaining payment was not paid and complainant has alleged that OP has played fraud with him for which he has filed the complaint against OP before the Hon’ble Court of CJM U/s 420/406/468/471/467/506 and 120B IPC and at present an amount of Rs.30,75,460/- is due against OP which he is entitled to recover and he has filed the present complaint case before this Commission thereby seeking direction to the OP to pay Rs.695756/- along with interest on the prinicpal amount, Rs.5,00,000/- towards damages and Rs.35,75,760/- along with interest @ 18% p.a.
3. The Commission has heard the arguments and perused the record.
4. The Complaint has been filed through attorney and even there are certain contradictions w.r.t. the name of the project but apart from that contradiction the main issue is as to whether the complainant is a consumer of the OP at present.
5. It is admitted case of the complainant that after paying an amount of Rs.695756/- to the OP in the year 2007-08 a compromise was entered into by which complainant has to surrender  the project booking and OP was required to pay the paid amount to the complainant in instalment and one instalment is paid by OP which has been accepted by the complainant. The issue therefore is as to whether the present complaint case is covered under the Consumer Protection Act-2019 as after the settlement in between the parties and after having received part payment, no services were to be provided by the OP to the complainant qua providing the booked flat or qua any services attracting the provision of CPA. Had the compromise would not have been entered in between the parties, and then possession would not have been given till date, the OP had to remain the service provider for the complainant but after receiving part payment out of the compromise, that too in the year 2015, the Commission is of the opinion that this Commission is not an executing Court for the compromise as have been entered into in between the parties.  
6. Therefore the present complaint case is not covered within the definition of services once the compromise had been entered into in between the parties and complainant has received part amount out of the same. Even if the terms and conditions of the compromise are read, there is no clause in the compromise deed which may suggest that if the OP would not make the payment as per the settlement then original agreement would continue i.e. the OP would provide the space of the booked flat to the complainant. Such condition is not in the compromise deed. Further, said compromise was executed way back in the year 06.07.2015 and present complaint has been filed in 2024.                 
7. Keeping all these facts it is apparently clear that once the compromise has been entered into in between the parties which is restricted only to the extent of returning the amount and is not w.r.t. providing service thereafter, the complaint case is not maintainable under the provision of Consumer Protection Act-2019 and the same is therefore rejected. 

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room. 

Announced on 03.04.2024.