Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 359.
Instituted on : 14.06.2017.
Decided on : 26.07.2018.
Kamlesh Juneja w/o late Sh.R.D.Juneja resident of House No.1582, B-III, Para Mohalla, Rohtak.
………..Complainant.
Vs.
- M/s Orior Development & Infrastructure Pvt. Ltd. Corp. Off. 416, AKD Tower, 3rd Floor, Behind HUDA Office, Sector-14, Gurugram(Haryana) through its M.D./Chairman.
- The Managing Director, Orior Development & Infrastructure Pvt. Ltd. Corp. Off. 416, AKD Tower, 3rd Floor Behind HUDA Office, Sector-14, Gurugram(Haryana).
- Mr.Gaurav Dhody, General Manager(Sales & Marketing) Orior Development & Infrastructure Pvt. Ltd. Corp. Off. 416, AKD Tower, 3rd Floor, Behind HUDA Office, Sector-14, Gurugram(Haryana).
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.RAJBIR SINGH DAHIYA, PRESIDENT.
SH. VED PAL, MEMBER.
Present: Sh.Mukesh Parmar, Advocate for the complainant.
Opposite parties exparte.
ORDER
RAJBIR SINGH DAHIYA, PRESIDENT:
1. Brief facts of the case are that complainant had applied for a plot of size 200 sq. yards through the authorized representative/agent of the opposite parties and had deposited a sum of Rs.45000/- as first installment. That complainant also deposited four installments by way of cheques against proper receipts. As such complainant deposited a total a sum of Rs.174600/- towards the payment for the said plot. That complainant came to know that opposite parties have dropped the idea to develop the site and are refunding the amount of intended buyers. As such complainant contacted with opposite parties and submitted the surrender letter/undertaking to the opposite parties through their agent at Rohtak. That opposite parties had issued two cheques amounting to Rs.117300/- each in favour of complainant which were delivered to the complainant at Rohtak but the cheques have been dishonored by the bank due to “insufficient funds” in their account. That complainant is regularly approaching the opposite parties to pay the cheque amount but to no effect. That the act of opposite parties is illegal and amounts to deficiency in service. Hence, this complaint and the complainant has prayed for directing the opposite parties to make the payment of Rs.234600/- alongwith interest, compensation and litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite parties through registered post. But none appeared on behalf of OPs. As such OP No.1 & 3 vide order dated 31.07.2017 and OP No.2 vide order dated 15.09.2017 were proceeded against exparte.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C13 and closed his evidence.
4. We have heard learned counsel for the complainant and have gone through material of the case very carefully.
5. At the outset it appears that this Forum has no territorial jurisdiction to entertain the present complaint. But we cannot loose sight of the fact that statement of the complainant on oath that plot in question was booked at Rohtak through agent/employee of the opposite party, which is un-rebuttable. None appeared on behalf of the opposite parties despite service. Hence there is no objection on the part of the OPs with substantial evidence regarding the territorial jurisdiction. It is also a fact that the complainant also received cheques of refund of booking amount from the opposite parties at Rohtak through the agent/employee of the opposite parties. Experience shows that generally builders, finance companies, insurance companies and such other allied companies do their business in towns, cities and rural areas through their roving agents/employees where their offices do not exist. As such it cannot be said that this Forum has no territorial jurisdiction to entertain the complaint.
6. Hence this complaint succeed and we award the amount deposited by the complainant vide receipts Ex.C2 to Ex.C5 i.e. total sum of Rs.174600/-(Rupees one lac seventy four thousand six hundred only) favoring the complainant and against the OPs alongwith interest @ 9% p.a. from the date of deposit of alleged amount by the complainant to the opposite parties till its realization and OPs shall also pay Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
26.07.2018.
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Rajbir Singh Dahiya, President
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Ved Pal Hooda, Member.
