CC277/2015

            ORDER                                                                                                                                                 Date: 29-08-2016

          Mohd. Anwar Alam, President

1. Complainant  filed this complaint on 18-9-2015 and alleged that he applied for a flat in Hindon Heights which was proposed to be constructed by the OP1 who allotted a flat bearing number 1 , having Super Area of 1200 Sq. Ft.   for a basic price of Rs. 22,22,000/-. In compliance complainant paid  an amount of Rs 2,22,000/- to OP1 as earnest money through cheque . Accordingly an agreement was executed between the parties in August 2007 between complainant and OP1   and subsequently on 26.9.2007 a tripartite agreement was executed between the complainant, OP1 and OP2.  In the event of cancellation of allotment  the OP1was to refund entire amount and OP2 was not supposed to make the payment as per schedule 3 of the tripartite agreement. Nevertheless OP2 in connivance with OP1 disburse the entire loan amount of Rs. 19,50,000/- to OP1 on 3.10.2007 without going into the details of the construction of the flat.  In April 2015, complainant came to know that OP1 had not got permission / clearance from the Ghaziabad Development authority and public authorities for land conversion and thereby interest of complainant was adversely affected as well as OP1 in connivance with OP2 have cheated the complainant of his hard earned money on account of  deficient and negligent services by the Ops. OP2 had filed original application before the Debt Recovery Tribunal at Delhi against complainant and Op1 for the recovery of loan amount along with interest.  Aforesaid acts of the OPs have deprived the complainant to have his own residential flat for a period of more than 7 years and thereby caused deficiency on the part of OPs.  In these circumstances complainant issued a notice through his lawyer to the OPs on 27.5.2015 to cancel his allotment and to refund his earnest money with interest and to pay compensation towards harassment but no response from OPs. Hence complainant prayed for the refund of his earnest money along with interest harassment cost and cost of litigation.
2. The OP2 has filed preliminary objection regarding maintainability of the complaint and replied that complainant availed a home loan from respondent no. 2 to attain the residential premises of OP1.  Complainant failed to adhere to the terms and conditions of the loan agreement hence OP2 filed O.A. no. 328/2012 much prior to the filing of the presentcomplaint before DRT –III at New Delhi.   The complainant has instituted the present complaint purely with intend to avoid his liability under the loan agreement. Hence,   this complaint is not maintainable in this forum against OP2. It is further  stated by OP2that these objections may be treated as written statement of the OP. 
3. Heard both the parties and perused file.
4. Complainant himself alleged in his complaint that OP2 had filed original application before the DRT Delhi against the complainant. Hence admittedly, original application of the OP2 is pending before the DRT  atDelhi under the provision of Recovery of Debts Due to Bank and Financial Institutions Act 1993 ,as,  section 18 of the aforementioned act  bars of jurisdiction of this forum regarding the recovery of loan amount due against complainant, therefore  in our considered opinion this complaint is not maintainable against OP2.  
5. Complainant is directed to comply the order dated 25.7.2016 positively on next date.

Announced on this ……………..

  (MANJU BALA SHARMA)         (VIKRAM KR  DABAS)         (M. A. ALAM)               MEMBER                                     MEMBER                     PRESIDENT