08.05.2024

Sh. Sanjay Kumar, President

1. The complainant stated that OP commit fraud after hetching a large criminal conspiracy whereby formed CGHS in the name and style of Revanta Multi State CGHS Ltd.  and started sending messages through advertisement by inviting public at large. It is stated that OP enticing/alluring the public at large to give  built up flats which causes wrongful gain to OP and wrongful loss of worth crore of rupees to investors. It is further stated that complainant become their victim by reading a message in August 2015 and one of the representative contacted complainant’s husband at Chamber no.781 Western Wing, Tis Hazari Courts and after enticement and allurement made complainant as member and promised to handover possession of the flat in November-December 2019.
2. It is stated that upon the assurances before booking Mr. Satender Maan and Pardeep Sehrawat executive President/Secretary talked to complainant on phone and categorically confirmed the promise to hand over possession by the end of 2019. It is further stated that complainant paid total payment of Rs.18,56,800/- from 22.08.2015 to 11.07.2017. It is further stated that complainant was given membership no. SH80043 unit type I booked unit was 3 BHK of 1380 square feet. It is further stated that recently complainant read about fraud, cheating and arrest of three executives on internet in March 2021and shocked  to know that OP is not even registered for land pulling policy of DDA.
3. It is stated that under the conspiracy with dishonest intention made false promises to give possession in December 2019 as such no society is registered and OP formed the society on the basis of forged and fabricated documents and letter dated 02.03.2019 was sent to extort money from members and complainant. The OP indulged in unlawful trade practice and there is deficiency of service. It is further stated that husband of complainant Sh. H.K Monga Advocate sent a notice dated 31.05.2022 to give possession. It is stated that now OP is liable to pay Rs.56,96,296/-.
4. We have heard Sh. Ritesh Solanki counsel for complainant at the stage of admission and perused the record.
5. As per documents filed on record an FIR no.292/2019 registered by Economic Offence Wing of Delhi Police against one Pradeep Sehrawat, Karan Johar, Mohan Nair and another FIR registered 40/2021 sector 23, Dwarka police station. The complainant also lodged a police complaint on 19.06.2021 to Special commissioner of Police, Economic Offence Wing alleging the similar facts alleging in the complaint. The complainant also  filed copy of order dated 11.04.2022 of DCDRC North Tis Hazari whereby the complainant’s complaint was dismissed.
6. The allegations in the complaint are fundamental are of commission of offence, fraud, criminal conspiracy, cheating while OP society the complainant was well within the knowledge that already several FIRs have been lodged under section 420/406/120B in the year 2019. The complainant has approached the commission on 14.03.2024 beyond two years of last cause of action. It is pertinent to mention here that the complainant is claiming Rs.56,96,296/- which is beyond pecuniary jurisdiction of this commission. It is pertinent to mention here that complainant admitted that no such society exist legally and there is no land pulling license given by DDA. The present fact and circumstances are purely based on forged and fabricated documents and allegations are of commission of fraud, criminal conspiracy and cheating. The law is well settled by the Hon’ble Supreme Court the reliance can be placed on Ravneet Singh Bagga vs. KLM Royal Dutch Airlines and Another (2000) 1 SCC 66, Branch Manager, Indigo Airlines Kolkata and Another Vs. Kalpana Rani Debbarma and others (2020) 9 SCC 424 and The Chairman and Managing Director, city Union Bank Ltd. & Anr. Vs R. Chandramohan in civil appeal no.7289 of 2009 decided on 27.03.2023 (Supreme Court).
7. We have  gone through the judgment filed by complainant of Smt. Kalavati and ors. Vs. United Vaish Cooperative Thrift and Credit Society Ltd. and Rajeshwar Singh Vs. Samta Sahkari. The facts of the relied judgments are distinguishable with the present facts and circumstances of the case.
8. On the basis of above observation and discussion present complaint is not maintainable therefore dismissed. No order as to cost. File be consigned to record room.
9. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving an application from the parties in the registry. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  08.05.2024.

      SANJAY KUMAR                 NIPUR CHANDNA                       RAJESH

       PRESIDENT                             MEMBER                               MEMBER