BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.55 of 2016

Date of Instt. 27.01.2016

Date of Decision : 11.08.2016

Vidya Wati wife of Dr.Amrit Lal Paul, since deceased, through Legal Heir and only son Rahul Seth R/o VPO Jandu Singha, Ghagg Patti, Jalandhar.

..........Complainant

Versus

1.Neeraj Arora, Chairman-cum-Managing Director, M/s Nature Heights Infra Ltd, 9, Sunder Nagar, Abohar.

2.Jasbir Sawa, R/o 6-7, First Floor, KS Plaza, Chandigarh Road, Nawanshahr.

3.Kiran wife of Amar Nath, R/o H.No.147/2-A, Jindan Road, Jalandhar Cantt.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Sh.Parminder Sharma (Member)

Present: Sh.ML Phillauria Adv., counsel for the complainant.

Ms.Sarabjit Kaur Adv., counsel for OPs No.2 & 3.

Opposite party No.1 exparte.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under section 12 of The Consumer Protection Act against the opposite parties (hereinafter called as OPs) on the averments that OPs have floated a firm to plan out residential colonies and construct flats thereon under the name and style of M/s Nature Heights Infra Ltd. The OPs planned one such colony at Pathankot and planned out the plots of size 1380 sq.ft, 2500 sq.ft and 3600 sq.ft each. The monthly installments of the plot of the size of 1380 sq.ft was Rs.1000/- per month, for plots of the size of 2500 sq.ft was Rs.1813/- per month and for plots of the size of 3600 sq.ft was Rs.2610/- per month. The plan code of the said scheme was 1000013 as intimated by the OPs. The complainant was allotted client ID No.10111606. The complainant booked a plot measuring 3600 sq.ft and started making the payment of monthly installments in the month of April, 2011 till March 2013, the complainant paid total 24 installments @ Rs.2610/- per month on regular basis. Thus, the complainant had paid a total sum of Rs.62,640/- to the OPs upto March 2013. The OPs have received the monthly installments from the complainant and have issued proper and valid receipts. Complainant approached OP No.1 to show geographical place of the proposed planned colony to be set-up at Pathankot but OPs informed the complainant orally that the site could not be planned out as they have not received the approval of the Punjab Government. The complainant was not satisfied with the reply given by the OPs and he requested them to refund her amount but OPs did not pay any heed to the request of the complainant. The complainant also served legal notice dated 16.12.2014 upon the OPs through registered post but inspite of that the OPs did not refund the amount of the complainant. On such averments, the complainant has prayed for directing the OPs to refund the amount of Rs.62,640/- paid by the complainant. He has also claimed damages and litigation expenses.

2. Upon notice, OPs No.2 & 3 appeared through counsel and filed written reply pleaded that Mr.Neeraj Arora floated firm known as Natureways Marketing Network Pvt Ltd, Abohar. The main function of which was to sell daily need goods and products. M/s Nature Heights Infra Ltd, is a sister concern of Natureways Marking Network Pvt Ltd, Abohar. All the distributors/ agents were duly appointed by Neeraj Arora, in the company known as Natureways Marketing Network Pvt Ltd and the OPs No.2 & 3 were appointed agents/distributors of the company Natureways Marketing Network Pvt Ltd. OP No.2 was allotted identity No.7996 but OP No.3 was not allotted any identity number. OPs No.2 & 3 used to collect installments from the complainant and used to send the same to the OP No.1. However, it appears that OP No.1 proved to be a fraudulent person. OPs No.2 & 3 have no concern with the amount collected from complainant with regard to company M/s Nature Heights Infra Limited, 9, Sunder Nagar, Abohar. Whatever the amount was collected by OPs No.2 & 3 was sent to OP No.1 at Abohar. So, it is OP No.1 who has to refund the amount, if any, to the complainant. OPs No.2 & 3 have no liability qua the complainant. Complainant is entitled to relief, if any, to the refund of the amount from OP No.1 and not from OPs No.2 & 3. OPs No.2 & 3 denied other material averments of the complainant.

3. Notice of this complaint was given to the OP No.1 but nobody turned-up despite service and as such it was proceeded against exparte.

4. In support of her complaint, learned counsel for the complainant has tendered into evidence affidavits Ex.CW1/A and Ex.CW1/B alongwith copies of documents Ex.C1 to Ex.C21 and closed her evidence.

5. On the other hand, learned counsel for the OPs No.2 & 3 has tendered affidavit Ex.OP1/A alongwith copies of documents Ex.OP1 and Ex.OP2 and closed evidence.

6. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.

7. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant Vidya Wati became a member of a scheme of residential colony floated by OP No.1 M/s Nature Heights Infra Limited, 9, Sundar Nagar, Abohar. The complainant was allotted client ID No.10111606 and the complainant got booked plot measuring 3600 sq.feet in the colony planned to be set-up by OP No.1 somewhere at Pathankot. The amount of the plot was payable in 24 installments @ Rs.2610/- from April 2011 to March 2013 and the complainant paid a total sum of Rs.62,640/- to the OPs upto March 2013 vide receipts Ex.C4 to Ex.C19. Complainant approached OP No.1 to show him geographical place of the proposed planned colony to be set-up at Pathankot but OPs informed the complainant orally that the site could not be planned out as they have not received the approval of the Punjab Government. The complainant was not satisfied with the reply given by the OPs and he requested them to refund her amount but OP did not pay any heed to the request of the complainant. The complainant also served legal notice Ex.C20 dated 16.12.2014 upon the OPs through registered post, postal receipts of which are Ex.C21 but inspite of that the OPs did not refund the amount of the complainant. Learned counsel for the complainant submitted that all this amounts to deficiency in service on the part of the OPs qua the complainant.

8. Whereas the case of the OPs No.2 & 3 is that Mr.Neeraj Arora floated firm known as Natureways Marketing Network Pvt Ltd, Abohar. The main function of which was to sell daily need goods and products. M/s Nature Heights Infra Ltd, is a sister concern of Natureways Marking Network Pvt Ltd, Abohar. All the distributors/ agents were duly appointed by Neeraj Arora, in the company known as Natureways Marketing Network Pvt Ltd and the OPs No.2 & 3 were appointed agents/distributors of company Natureways Marketing Network Pvt Ltd. OP No.2 was allotted identity No.7996 but OP No.3 was not allotted any identity number. OPs No.2 & 3 used to collect installments from the complainant and used to send the same to OP No.1. However, it appears that OP No.1 proved to be a fraudulent person. OPs No.2 & 3 have no concern with the amount collected from complainant with regard to the company M/s Nature Heights Infra Limited, 9, Sunder Nagar, Abohar. Whatever amount was collected by OPs No.2 & 3 was sent to OP No.1 at Abohar. So, it is OP No.1 who has to refund the amount, if any, to the complainant. OPs No.2 & 3 have no liability qua the complainant. Complainant is entitled to relief of the refund of the amount from OP No.1 and not from OPs No.2 & 3. Learned counsel for the OPs No.2 & 3 submitted that there is no deficiency of service on the part of the OPs No.2 & 3 qua the complainant.

9. From the entire above discussion, we have come to the conclusion that OP No.1 M/s Nature Heights Infra Limited, 9, Sunder Nagar, Abohar floated a scheme to set-up colony at Pathankot and the complainant became member of that scheme and booked plot measuring 3600 sq.feet in the colony planned to be set-up by OP No.1 somewhere at Pathankot and the amount of that plot was payable in 24 installments @ Rs.2610/- per month from April 2011 to March 2013 and the complainant paid a sum of Rs.62,640/- to the OP upto March 2013. But the complainant neither produced any document as to what was the scheme, what were the terms and conditions of that scheme, what were the terms and conditions of the allotment of plots, what were the terms and conditions regarding payment of installments, what was the total price i.e. the amount of that plot. Moreover, the scheme was floated by OP No.1 at Abohar i.e. by M/s Nature Heights Infra Limited, 9, Sunder Nagar, Abohar. As per that scheme allegedly floated by OP No.1, a colony was planned to be set-up somewhere at Pathankot but the complainant could not produce any location, size particulars of that colony or the situation where that colony is to be set-up at Pathankot. All the installments allegedly paid by the complainant, Ex.C4 to Ex.C19 are the receipts issued by OP No.1 from Abohar, which fully prove that the amount, if any, was paid by the complainant to OP No.1 at Abohar. The complainant alleges that the amount of these receipts was collected by OPs No.2 & 3 at Jalandhar but the complainant could not produce any document to prove that OPs No.2 & 3 were authorized by the OP No.1 to collect the payment on behalf of OP No.1, rather all the receipts produced by the complainant Ex.C4 to Ex.C19 have been issued by OP No.1 from Abohar and even having the stamp of OP No.1. All these receipts are also bearing stamp of Abohar of OP No.1. The OPs No.2 & 3 have also stated that they are the agents of a firm “Natureways Marketing Network Pvt Ltd”. However, they stated that M/s Nature Heights Infra Limited, 9, Sunder Nagar, Abohar is a sister concern of Natureways Marking Network Pvt Ltd. But the OPs No.2 & 3 could not produce any document that OP No.1 M/s Nature Heights Infra Limited, 9, Sunder Nagar, Abohar. is a sister concern of Natureways Marketing Network Pvt Ltd. So, OPs No.2 & 3 or the complainant have failed to prove on record that the OPs No.2 & 3 were authorized to collect the amount of installments of the some colony to be set-up somewhere at Pathankot and are to be deposited with OP No.1 at Abohar. Moreover, complainant could not produce any receipt regarding the payment of installment, signed by OPs No.2 & 3 at Jalandhar. Therefore, this Forum is of the view that no cause of action has accrued to the complainant at Jalandhar. Whereas, the only cause of action accrued to the complainant to file complaint against OP No.1 is at Abohar where the OP No.1 is working for gains or the cause of action accrued to the complainant at Pathankot where the colony was allegedly to be set-up.

10. Resultantly, we hold that this Forum at Jalandhar has no territorial jurisdiction to try and decide the present complaint. As such, present complaint is not maintainable. Resultantly, it is ordered that the complaint be returned to the complainant with liberty to file at the appropriate Forum having territorial jurisdiction to try and decide the present complaint. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own cost. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Bhupinder Singh

11.08.2016 Member President