J U D G E M E N T.
Fact of the case is in Brief:-The complainant in this case is a member of a Scheme of PACL India Limited as he has deposited Rs.20,000/- (Rupees Twenty Thousand )only on dated 31.08.2004 in the Branch of OP at Khariar Road on dated 09.10.2007 and he received on acknowledgement on that day after payment the due amount.
The payment of Rs. 20,000/-(Rupees Twenty thousand) only for the Scheme for an agreement of delivery of a plot of 400 sq/yd on 31.08.2014. The OP PACL Ltd has promised to deliver a plot of 400sqft or return of Rs. 74,114/-( Rupees Seventy thousand one hundred fourteen) only on the date of maturity of an agreement on 31.08.2014.After the due date the complainant claimed before the OP No.2 PACL Branch of Khariar Road on dated 20.10.2014. The OP No.2 has neither deliver the plot nor refunded the amount of Rs. 74,114/-( Rupees Seventy thousand one hundred fourteen) only to the petitioner for which the petitioner /complainant caused financial hard and mental agony.
Due to the cause mentioned above the Op has deficient in service of unfair trade practice towards the complainant for which he has to refund the amount of Rs. 74,114/-( Rupees Seventy thousand one hundred fourteen) only along with 18% per annum to the present complainant. The cause of action in this case arose after non-delivery of plot on dated 31.08.2014 when the agreement was executed between both the parties. The complainant has prayed for refund of Rs. 74,114/-( Rupees Seventy thousand one hundred fourteen) only along with 18% interest per annum till its realization and a compensation of Rs. 20,000/-( Rupees Twenty thousand)only towards financial hardship and mental agony and cost of litigation.
The OP PACL Ltd filed version as the PACL Limited having its Registered Office at 22, 3rd Floor, Amber Tower Sansar Chand Road,Jaipur ,Rajasthan and Corporate Office at 7th Floor, Gopaldas Bhawan,28 Badakhmba Road, New Delhi -110001 is corporate body incorporated under the Provision of Indian Company Act .It has the status of Legal person as such it has legal entity, it has right to sue and be sued in its own name at liability.
The PACl Ltd is Real Estate company which is engaged in the business of Sales and purchase of land and developmental construction of residential and commercial projects within the country as the complainant applied for plot ( a piece of land) vide Regd. No. U1890750833 dated 31.08.2004 and he duly executed in agreement within the company for the same.
As per the version the present complain of the complainant is baseless and false, willfully intentionally he has not disclose the facts have the case to be dismissed and there is no deficiency in service on behalf of opposite party as under C.P.Act 1986.Even no cause of action arose against the OP. The Hon’ble Forum has no jurisdiction to entertain or decide this case as a Arbitration clause in the agreement which has been executed between the parties for which the party should involve arbitration proceeding for its redressal .
In response to the deposit the complainant has deposited Rs. 20,000/-(Rupees twenty thousand) only within the company for registration of agreement for sale .The complainant has discontinued the agreement as shown to OP for refund of money or amount paid. The company has agree to pay as per terms and conditions of the agreement.
The CBI has registered a case against the company M/s PACL Ltd vide R.C. BD 1/2014 E/0004 U/S 420 and 120B IPC on 19.02.2014 .In pursuant of same CBI has passed direction to the concerned Banksa for defreezing the accounts vide order dated 06.03.2014.In this connection Writ Petition No. 705/2014 before the Hon’ble High court of Delhi and transfer Petition Civil No 13301 supreme court of India is pending.
The company assure that ,the customer money is safe and the company is committed to words its customer is willing to fulfill its commitment for which the company is helpless for making payment without disposal of the land and disbursement and it will be take time of six months from 2.02.2016 to 02.08.2016.
The complainant has paid an installment to the OP for a Scheme for delivery of Plot which the OP has neither refund the amount not deliver the Plot at the time of maturity. Hence the OP has deficient in his service for payment of maturity of money or deliver the plot as per their contract in the supplied bond of the OP.Hence the Forum has decided the OP has to only filed the version by showing the case relating to the matter i.e pending before the appellate authority .Hence the case is dismissed filed by the complainant at the District Forum,still though the case is sub-judice at higher Court .No stay petition has filed by the OP for its proceedings.
O R D E R
Perused the records and after hearing of the Advocate of for the complainant and version filed by the opposite party .The Hon’ble Forum has directed to the opposite party No.1 & 2 for payment of Rs. 20,000/-(Rupees Twenty thousand) only along with 12% interest from the date of receive of payment and issue of certificate to the complainant. Rs. 2,000/-( Rupees two thousand ) only towards the cost of the litigation within two month the date of received of the order by the opposite party, failing which the OPs has liable to pay according to the Court to law.
Judgement pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 6th day of December 2016.
