By Sri. MOHANDASAN.K, PRESIDENT
Case of the complainant is as follows:-
1. The complainant was searching a flat to purchase for him and that occasion the opposite party contacted the complainant and assured that he can provide a flat to him in an appropriate site. Accordingly the complainant paid an amount of Rs.8, 00,000/- on various occasions to the opposite party. The opposite party had assured that the flat will be provided in a suitable place within a short period. But thereafter when the complainant approached the opposite party the opposite party lagged the matter stating lay excuses. The complainant invested his hard earned money for the purchase of flat.
2. On 02/12/2021 the complainant approached the opposite party directly and at that time also the opposite party stated lay excuses. The complainant alleges the act of the opposite party amounts unfair trade practice. The complainant submitted that he is having receipts for the payment but the opposite party did not refund the amount paid to him.
3. Hence, the complainant filed this complaint seeking refund of Rs. 8,00,000/- paid to the opposite party along with compensation of Rs. 5,00,000/- , on account of financial loss Rs.5,00,000/- and cost of Rs. 25,000/-.
4. On admission of the complaint notice was issued to the opposite party and on receipt of notice the opposite party entered appearance and filed version denying the entire averments and allegations in the complaint.
5. The opposite party specifically denied the averment in the complaint that the complainant was in search of a flat, that he made enquires, that getting the information the opposite party contacted the complainant, promised to construct a flat in a place convenient to complainant etc. It is denied that the complainant paid Rs. 1,00,000/- on 07/10/2013 that paid Rs. 2,00,000/- on 22/01/2016 , Rs. 80,000/- on 15/09/2016 , Rs. 3,00,000/- on 04/11/2016, Rs.20,000/- on 07/11/2016, 1,00,000/- on 19/10/2017 etc.
6. The opposite party submitted that the averment in the complainant that the opposite party promised to construct a flat in a suitable place is with ulterior, avaricious and vexatious motive. The opposite party denied that he received 8 lakh rupees from the complainant.
7. The opposite party denied the allegation that he received 8 lakh rupees from the complainant and issued receipt for the accepted money. The opposite party denied the allegation of deficiency in service and unfair trade practice in the complaint.
8. The opposite party submitted that the complainant not made the Ratna group as a party to the proceedings. The opposite party submitted that he is not having any personal liability of the said group but admitted that he was chairman of the group and there was no personal liability for the act of the concern. Hence it is submitted the complaint is bad for non-joinder of necessary parties.
9. The opposite party submitted that the said Ratna group was accepting the deposits and the complainant had deposited some amounts in the group. They were paying interest for the deposits made. The said interest were paid to the complainant and the records will show that interest was paid for the amount and deposited by staff in his bank account maintained. Some receipts are still seen in the office of the concern. The complainant deposited Rs. 1, 00,000/- on 07/10/2013 and after accepting interest he taken back the amount. Further complainant deposited Rs. 2 lakh on 22/01/2016 for which also interest was paid in time and later taken back the amount. The averment that the complainant deposited Rs. 80,000/- on 15/09/2016 is incorrect and the receipt produced before the Commission is not issued by the said ratna group. The signature is forged and the receipt itself is forged one. The opposite party denied the averment that the complainant paid Rs. 3, 00,000/- on 04/11/2016 and a receipt is issued for the same. It is submitted that the receipt produced is not issued by ratna group. The signature is forged and the receipt itself is a forged one. The ratna group did not accept Rs.20, 000/- on 07/11/2016 from the complainant. The receipt produced is not issued by ratna group. It is submitted that the signature and records are forged and no such amount is paid to the rathana group. It is submitted that the rathana group accepted Rs. 1, 00,000/- from the complainant on 19/10/2017 and the receipt is issued by the ratna group. The amount is also taken back by the complainant after accepting the interest. It is submitted that admitted amounts are accepted as deposit and interest was paid for the same. Moreover when the deposit was matured the same was accepted by the complainant and closed the entire transaction.
10. The opposite party submitted that the complainant was a regular visitor in the office of ratna group and he was having involvement in the business. Even though the complainant was not partner to the ratna group, he was looking after some deals and negotiation of the ratna group. It is submitted that the entire business of ratna group was a loss and finally it was closed. The complainant being associated with the ratna group, borrowed money from others in the name of the ratna group. The complainant issued forged records. When the same was found out the present complaint is foisted by the complainant.
11. The opposite party submitted that he has not received and issued the receipt dated 15/09/2016 for Rs .80,000/-, not received and issued receipt dated 04/11/2016 for Rs. 3,00,000/- , not received and issued receipt dated 07/11/2016 for Rs. 20,000/-. All the records are forged by the complainant and the same was managed by the complainant by illegal means.
12. The opposite party submitted that the ratna group was not having any flat project anywhere in the relevant period. The opposite party submitted that the averment of the complainant i.e. in a suitable place a flat was offered will prove the allegation in the complaint are false. It is submitted the complainant paid only 1, 00,000/- rupees in 2013 and he withdrew the same. The complainant deposited Rs. 2, 00,000/- on 22/01/2016 and withdrew the same. The complainant deposited Rs.1 lakh on 19/10/2017 and withdrew the same. It is submitted that no amount is payable to complainant on account of the deposits made by complainant. It is submitted the complainant and other persons made the complainant to quit the post of chairman by doing many illegal acts. The ratna group was in the hands of the complainant from 2019 October onwards and he was doing may acts. The complainant doing all these for the other three partners to harass the opposite party who lost all his belongings in the illegal act of these persons.
13. The opposite party alleged the complainant concealed the actual transactions for which the opposite party is having records to prove. Mr. Muhamed Rafi was the nominee of the complainant for his deposits. It is submitted that the complainant after taking the documents with ulterior motive the present complaint is filed. The opposite party is searching for the documents.
14. Hence the submission of the opposite party is that there is no cause of action for the complaint and so the complaint is liable to be dismissed with compensatory cost to the opposite party.
15. The complainant and opposite party filed affidavit and documents. The documents on the side of complainant marked as Ext. A1 to A6. The documents on the side of opposite party marked as Ext. B1 series and B2 series. Ext. A1 is photocopy of receipt for Rs. 1, 00,000/- dated 07/10/2013. Ext. A2 is photocopy of cash receipt for Rs. 2, 00,000/- dated 22/01/2016. Ext. A3 is copy of receipt for Rs.80, 000/- dated 15/09/2016 Ext. A4 is copy of receipt for Rs. 3, 00,000/- dated 04/11/2016. Ext. A5 is copy of receipt for Rs. 20,000/- dated 07/11/2016. Ext. A6 is copy of cash receipt for Rs. 1, 00,000/- dated 19/10/2017. Ext. B1seris is counter foils of cash receipts 30 in number. Ext. B2 series copy of voucher 35 in number. The secretary of Oorakam panchyath Vanish Co-operative society examined as DW1.
16. Heard complainant and the opposite party, perused affidavit and documents. . The following points arise for consideration.
- Whether there is a consumer dispute which can be adjudicated by this Commission?
- Whether there is deficiency in service on the part of the opposite party?
3) Relief and cost?
17. Points 1 to 3
The grievance of the complainant is that he was in search of a flat to purchase for his own and the opposite party approached the complainant and thereby offered a flat constructed in a suitable place to the complainant. The complainant entrusted 8 lakh rupees on various occasions to the opposite party but later the opposite party did not provide the flat as assured and not even refund the amount received by the opposite party. Hence the complainant file this complaint seeking refund of the amount paid along with compensation of 10 lakh rupees and cost of Rs. 25,000/-.
18. The opposite party specifically denied the entire averments and allegations in the complainant and submitted that the complaint is bad for non-joinder of necessary parties. Though he admitted that he was the chairman of the ratna group but the opposite party never accepted any amount from the complainant. The said ratna group was accepted deposit and the complainant had deposited amount in the group but he has collected interest for the deposit and also received back the amount. It is also specifically submitted that the ratna group was not having any flat project anywhere in the alleged period and so there was no any offer from the said of opposite party as alleged in the complaint.
19. It can be seen that the complainant produced documents to show that he paid 8, 00,000/- rupees on various occasions to the ratna group as per Ext. A1 to A6. But the opposite party disputed the genuineness of the documents. The opposite party submitted that all the receipts are forged and the same was obtained by the complainant by illegal means. The oppose party contended that the receipt produced by the complainant is not issued by the said ratna group and the signature is forged one. The opposite party submitted that the complainant was a regular visitor in the office of ratna group and he was having involvement in the business of ratna group. The opposite party further alleged that the complainant being associated with the ratna group, borrowed money from others in the name of ratna group. The opposite party further submitted that the complainant was in control of the ratna group from 2019 October onwards and the complainant was took the post of chairman.
20. It can be seen that the perusal of averments in the affidavit and documents that the complainant approached this Commission not with clean hands. The complaint involves allegations of fraud and forgery. So it will not be a proper matter to be dealt under the Consumer Protection Act as consumer dispute. The complaint is permitted to agitate the issue before the appropriate authority for the redressal of his grievance. Moreover some of the contentions of the complainant appears baseless from the deposition of DW1. The interrogatories filed by the opposite party as IA 51/2023 and answers given by the complainant also relevant in the matter.
21. In the light of above facts we find that the dispute cannot be treated as consumer dispute and so the complainant is allowed to approach before the appropriate authority for the redressal of his grievance and the complaint stands dismissed.
Dated this 23rd day of April, 2024.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A6
Ext.A1: Photocopy of receipt for Rs. 1,00,000/- dated 07/10/2013.
Ext.A2: Photocopy of cash receipt for Rs. 2,00,000/- dated 22/01/2016.
Ext A3: Copy of receipt for Rs.80,000/- dated 15/09/2016
Ext A4: Copy of receipt for Rs. 3,00,000/- dated 04/11/2016.
Ext A5: Copy of receipt for Rs. 20,000/- dated 07/11/2016.
Ext A6: Copy of cash receipt for Rs. 1,00,000/- dated 19/10/2017.
Witness examined on the side of the opposite party: DW1
DW1: Secretary of Oorakam panchyath Vanitha Co-operative society.
Documents marked on the side of the opposite party: Ext. B1 and B2 series
Ext.B1: Counter foils of cash receipts 30 in number
Ext.B2: series copy of voucher 35 in number.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
