Delhi

StateCommission

CC/796/2019

SMT. JYOTI GOEL & ANR. - Complainant(s)

Versus

M/S VARDHMAN PROPERTIES LTD. - Opp.Party(s)

RAJESH BHATIA

11 Sep 2019

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Arguments :11.09.2019

Date of Decision : 18.09.2019

COMPLAINT NO.796/2019

            In the matter of:

 

1. Smt. Jyoti Goel,

W/o. Shri Sachin Goel.

 

2. Shri Sachin Goel,

S/o. Shri M.P. Goel,

Both resident of

Flat No.B-203,

Mansara Apartments,

C-9 Vasundhara Enclave,

• ………Complainants

 

Versus

 

M/s. Vardhman Properties Ltd.,

Office at :

G-9 Vardhman Trade Centre,

DDA Building, Nehru Place,

New Delhi-110019.

Through it’s Directors/

Managing Directors                                       ……..Opposite Party

 

 

CORAM

Hon’ble Sh. O. P. Gupta, Member (Judicial)

1.     Whether reporters of local newspaper be allowed to see the judgment?                                                      Yes/No

2.      To be referred to the reporter or not?                                                                                                           Yes/No

 

Shri O.P. Gupta, Member (Judicial)

JUDGEMENT

1. The complainants have come forward on the allegations that they entered in an agreement with OP on 19.11.11 pertaining to commercial space no.G-52, Vardhman Sunrize Plaza-1 Local Shopping Centre, Near Abhyant Apartment, Vasundhara Enclave, New Delhi-96. They paid Rs.16,55,990/- on two different occasions. The OP  has committed criminal  breach of trust cheating, misappropriation, fraud etc. as the said spaces has already been sold to Smt. K. Saroja vide allotment letter dated 05.05.11. They gave complaint to SHO Police Station New Ashok Nagar and DSP concerned have sent reminders on 25.02.19, 13.03.19 and 02.04.19. Surprisingly no action has been taken. They have filed a complaint in court and application under Section 156 (3) CRPC before Ld. M.M. Karkardooma Court. Hence this complaint for refund of Rs.16,55,990/- with interest @18% per annum which comes to Rs.23,83,626/- They are also entitled to Rs.5 lakhs on account of mental pain, agony and mental harassment, Rs.2 lakhs on account of litigation charges.
2. I have gone through the material on record and heard the arguments for the purpose of admission. At the very out set I may mention that the booking was of shop/ space which is commercial and out side the purview of the Consumer Protection Act. There is no averment in the complaint that booking was for earning livelihood by self employment.
3. Over and above that the complainants have alleged breach of trust, misappropriation, forgery, cheating which are complicated question of law and require elaborate evidence including cross examination of witness. The same is beyond the scope of summary procedure under Consumer Protection Act.
4. Lastly Annexure-C/10 at page-42 of the complaint is letter dated 02.02.19. The OPs have mentioned in the said letter that as per complainants request for cancellation made on 26.07.17 the unit already stood cancelled. The complainants have concealed this fact in the complaint and not placed the copy of their request dated 26.09.13. This disentitle them from seeking any relief. The complaint is dismissed in limine.                                                                                                                                          
5. Copy of the order be sent to both the parties free of cost.
6. File be consigned to record room.

 

(O.P. GUPTA)                                                     

MEMBER (JUDICIAL)