Delhi

New Delhi

CC/796/2009

Harish Dewan - Complainant(s)

Versus

M/S. Nitishree Infrastructure Ltd. - Opp.Party(s)

23 Jul 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/796/09                            Dated:

In the matter of:

Sh. Harish Dewan,

S/o late Sh. M.L Dewan,

R/o H-1228/8, Near Arya Samaj Mandir,

B-2, Safdarjung Enclave,

New Delhi-110029

……..COMPLAINANT

       

VERSUS

1. M/s. Nitishree Infrastructure Ltd.,

        Through its Managing Director,

        Previously known as Shourya Tower Pvt. Ltd.,

        B-111, Sector-5, Noida-201301

 

2. Sh. Anil Jain,

        M.D, M/s. Nitishree Infrastrcuture Ltd.,

        Previously known as Shourya Tower Pvt. Ltd.,

        B-111, Sector-5, Noida-201301

 

3. Sh. K.N Shukla,

        Director of M/s. K.N Consultant Pvt. Ltd.,

        And M.D, M/s. Gold Developers Pvt. Ltd.,

        517-A, 5^th Floor, Narain Manzil, 23, Barakhamba Road, New Delhi-110001

                                                          

                         ………. OPPOSITE PARTIES

 

ORDER

President:  C.K Chaturvedi

 

The case of the complainant is that he deposited Rs.1,95,000/- for a plot of land measuring 175 sq.yds @ Rs.4,475/- sq.yds in Shourya NRI City, Amritsar. They failed to make allotment for 2 years, and apprehending foul play sought refund with interest, and issued notice to OP3, Managing Director, M/s. Gold Developer at Barakhamba Road, New Delhi and on failure to get back the refund, has filed this complaint alleging deficiency and unfair trade practice.

The OP1 & OP2, in their joint reply have stated that the project was in Amritsar and their office is in Noida, therefore this Forum has no territorial jurisdiction. In addition, it is stated that there was some settlement with OP3, in terms of which the project land was transferred in the name of OP3 and he alone is responsible for refund, and referred to Annexure 9 to the reply. This is a letter from OP3 to the complainant that since the land has not been transferred so far under settlement to it, he had filed execution proceedings which are pending. It is stated that to some investors OP3 also refunded the amount. OP3 also filed a reply. It is stated by him that complainant booked plot with Shourya City, promoted by OP2. Its office was in Noida, and it was necessary party and that there was an arbitration settlement with OP2 and OP3, under which land was to come to OP3, but OP2 failed to obey the arbitrations agreement, and there was litigation between OP2 and OP3. It is stated that, in these circumstances, OP1 and OP2 alone are liable for refunding money.

We have considered the rival case. We find that OP3 is now heading some different company M/s. Gold Developers in Delhi. The complainant has based Delhi jurisdiction on office of M/s. Gold Developers, in Delhi but seeking refund from OP3 as partnership of OP1 and OP2, or as transferor of project land.

In either way, this Forum lacks jurisdiction in respect of project in Amritsar, either as project of OP1 or OP2 or OP3 as transferor or Director of OP1/OP2. His new company M/s. gold Developer has nothing to do with it.

The OP1 and OP2, due to their inter se difference with OP3, cannot defeat the just claim and run away from their liability to complainant who gave money to OP2, for its Shourya Towers. Complainant has a right to bring action against OP1, OP2 and OP3 as earlier Director of Nitishree with registered office in Noida or Amritsar, but this Forum does not have any territorial jurisdiction. The complainant is allowed liberty to file complaint before appropriate Forum. The complaint is disposed off as dismissed as this Forum lacks territorial jurisdiction.

File be consigned to record room.

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

 

 

Pronounced in open Court on 23.07.2015.

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

 (RITU GARODIA)

MEMBER