Delhi

New Delhi

CC/1221/2008

Anand Singh - Complainant(s)

Versus

M/s. Green City Build tech Pvt. Ltd. - Opp.Party(s)

05 Jun 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/1221/08                                                                                                                                                                            Dated:

In the matter of:

SH. ANAND SINGH

BHAGAWAN HOUSE,

8 WAZIR HUSSAN ROAD,

LUCKNOW, U.P.

 

……..COMPLAINANT

 

VERSUS

1. M/S GREEN CITY BUILDTECH PVT. LTD.

        THROUGH ITS MANAGING DIRECTOR SH.     JEETENDER CHOUDHRY,

        1008 ANSAL BHAWAN, NEW DELHI-110001

 

2. SH. SAKET AGGARWAL

    148 1^ST FLOOR, ASHOKA ENCLAVE MAIN,

    SECTOR-34, FARIDABAD

 

3. SH. ATUL BANSHAL

        D-55 OAKWOOD ESTATE,

        DLF CITY, PHASE-II,

        GURGAON-122002

 

4. SH. ASHWANI JAIN,

        H-32/38 SEC-3, ROHINI,

        DELHI-110085

 

         ………. OPPOSITE PARTIES

ORDER

President: C.K Chaturvedi

 

The facts of the complaint are that complainant deposited Rs.5 lakhs with OP2, as a partner of Balaji Realtor, a dealer of OP1, for promotional sale & purchase of flat. The deposit was under a MOU, under which OP1 has a buy back option after 45 days, by paying Rs.6,20,000/- in place of Rs.5 lakhs deposited. There were also other terms of rights of OP2 and OP1 to be guided by market conditions. It is alleged that complainant was refunded Rs.5 lakhs by cheque, which was dishonored, when complainant demanded Rs.1,20,000/- on profit with Rs.5 lakhs on original deposit, and it was denied. Therefore this complaint was filed.

The OP has taken the main plea that it was commercial agreement between the complainant & OP2, for profit, and he is not a ‘Consumer”.

We entirely agree with this, keeping in view the nature of agreement only with a sale motive to earn profit by exercising buy back option, we hold that complainant is not a ‘Consumer and dismiss the complaint.

Copy of the order be sent to the parties free of cost.

 

 

        Pronounced in open Court on 05.06.2015.

 

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)

MEMBER