Delhi

North West

CC/686/2017

DEVENDER SINGH - Complainant(s)

Versus

RAM SHYAM - Opp.Party(s)

09 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

   CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

 

CC No: 686/2017

 

 

No. __________________    Dated : ____________________

 

IN THE MATTER OF:

 

DEVINDER SINGH,

R/O SF 06, BALAJI APPTTS., UPKAR COLONY,

SANT NAGAR, DELHI-110084.                               …COMPLAINANT

 

,

 

VERSUS

 

 

 

1. Sh. RAM SHYAM S/o SH. RANDHIR SINGH,

R/o 137/14, A2 BLOCK, WEST SANT NAGAR,

BURARI, DELHI-110084.

 

2. Sh. SURENDRA SINGH SHEKHAWAT,

R/o 06, Ist FLOOR, BALAJI APARTMENTS,

UPKAR COLONY, SANT NAGAR,

BURARI,DELHI-110084.           …OPPOSITE PARTY(IES)

 

 

CORAM:  SH. M.K. GUPTA, PRESIDENT     

               SH. BARIQ AHMAD, MEMBER

          MS. USHA KHANNA, MEMBER                   

 

                    Date of Institution: 17.08.2017

                       Date of Decision: 09.11.2017

 

SH. M.K. GUPTA, PRESIDENT

                                                            ORDER

1.       Complainant has filed the present complaint against OPs on the allegations that OPs are property dealers and the complainant had taken a flat no. 49A, Street No. 21, A2 block, West Sant Nagar, Burari, Delhi on 13.02.2015 from OP-1 on a monthly rent of

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          Rs.8,500/- p.m. vide a rent agreement executed between the parties and advance money of Rs.3 lakhs was also given to OP-1. The complainant vacated the flat on 28.03.2016 on the request of OP-1 and OP-1 gave a cheque bearing no. 029976 dated 10.04.2016 of Rs.3,09,000/- but the said cheque was not honored by the bank. The complainant further alleged that a lot of deliberations were made with OPs but of no avail. The complainant also alleged that the deliberations and admission of OP-1 is recorded in CD and despite that OP-1 has not returned the advance money of Rs.3 lakhs.

2.       On these allegations, the complainant filed the present complaint under the provisions of the Consumer Protection Act with a prayer to direct OPs to refund the advance money of Rs.3 lakhs and has also sought compensation of Rs.1,50,000/- for causing mental pain and agony and has also sought litigation expenses of Rs.10,000/-. 

3.       We have heard complainant on the maintainability of case and gone through the record in the light of provisions of Section 12 of the Consumer Protection Act, 1986. For the sake of convenience relevant provisions of sections 2 (d) & 12 of the Consumer Protection Act, 1986 are reproduced here as under:

Section 2 (d) “Consumer means any person who: -

(i)       buys any goods for a consideration which has been paid or

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          promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii)      hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires of avails of the services for consideration paid or promised, or partly paid or partly promised or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who avails of such services for any commercial purpose;

Section 12:          Manner in which complaint shall be made- (1) A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by:

a)       The consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;

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b)       Any recognized consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not;

c)       One or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or

d)       The Central Government or the State Government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general.

4.       In support of his submissions, the complainant placed on record copy of rent agreement executed between the parties and has also placed on record CD of alleged deliberations.

5.       A perusal of the complaint and documents placed on record by the complainant does not show that the OP has sold any product or has promised to give any product or benefit. The payment of Rs.3 lakhs by the complainant to OP-1 at the time of taking the flat on rent cannot be termed as a legal transaction because payment of this amount is no where mentioned in the rent agreement.No documents has been placed on record by the complainant to show that the complainant paid an amount of Rs.3 lakhs to OP-1 at the time of taking the flat on rent. A transaction which is not permitted

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          under the law cannot be enforced and this Forum cannot help the complainant in any manner under the provisions of Consumer Protection Act, 1986.

6.       In the light of the above discussion, we are of the opinion that there is no merits in the case of the complainant and is dismissed.

7.       Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 9^th day of November, 2017.

 

 

 

  BARIQ AHMED                           USHA KHANNA M.K. GUPTA

    (MEMBER)                                    (MEMBER)                        (PRESIDENT)

 

 

 

 

 

 

 

 

 

 

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