Before the District Consumer Disputes Redressal Forum, Amritsar.

Complaint No.450-15

Date of institution : 22.7.2015

Date of decision : 24.7.2015

Sukhcharan Singh aged 41 years s/o late Sh.Gurcharan Singh r/o 169-A, Ranjit Avenue, Amritsar at present Flat No.12, First Floor, B Block, New Amritsar, Amritsar.

..............Complainant

Versus

M/s. Impact Sare Magnum Township Pvt.Ltd. Site Officer, Crescent Parc Situated at VPO Vallah, G.T.Road, Bye Pass, Amritsar, Punjb through its Director/Managing Director/partner/any other principal Officer or authorized signatory thereof.

...............Opposite party

Complaint under section 12 & 13 of the Consumer Protection Act

Present : For the complainant : Sh.Damanpreet Singh, Advocate

QUORUM : Sh.Bhupinder Singh, President, Sh.Anoop Sharma, Member and Ms.Kulwant Kaur Bajwa, Member

Order Dictated by :

Sh.Bhupinder Singh, President

Complainant Sh.Sukhcharan Singh filed the present complaint alleging that he had applied for the allotment of plot and issued cheque bearing No.348613 drawn on AXIS Bank Limited dated 6.4.2012 for a sum of Rs.2,24,888/- as earnest money for the booking of plot. Opposite party did not supply any receipt for payment of that cheque nor opposite party has

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allotted the plot in question to the complainant. Through this complaint, complainant has requested that opposite party be directed to allot plot or to refund the amount of the complainant alongwith interest.

We have heard the ld.counsel for the complainant and have minutely gone through the record.

Complainant has produced only statement of account of AXIS Bank Limited which shows that some cheque was issued by the complainant on 6.4.2012 to the opposite party which was got encashed. But uptil now, no plot has been allotted to the complainant by the opposite party. He has only applied for the allotment of the plot. It has been held by the Hon'ble National Consumer Disputes Redressal Commission, New Delhi in its latest ruling in Revision Petition No.3649 of 2014 decided on 29.1.2015 titled as Delhi Development Authority through its Director Versus Shri Parveen Kumar and anothers that till the allotment of the flat, the respondent had not become the consumer. Therefore, counsel for the complainant has himself admitted that complainant has only booked the plot but no plot has been allotted to the complainant. So, the complainant has not become a consumer. As such, present complaint is not maintainable in this Forum. Resultantly, it is ordered that complaint be returned to the complainant. Copy of the order be furnished to the complainant free of costs. File is ordered to be consigned to the record room.

24.7.2015 ( Bhupinder Singh ) President

( Anoop Sharma ) ( Kulwant Kaur Bajwa )

Member Member