CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.816/2008
MR. MAHENDER SINGH
S/O SH. JAI BHAGWAN
R/O V.P.O. UGRA KHERI,
DISTT. PANIPAT, HARYANA
…………. COMPLAINANT
Vs.
D.D. MERCHANT BANKERS LTD.
REGD. & CORPORATE OFFICE:-
F-1/9, OKHLA INDUSTRIAL AREA, PHASE-1,
NEW DELHI-110020
THROUGH MANAGING DIRECTOR/DIRECTOR
…………..RESPONDENT
Date of Order:02.11.2018
O R D E R
A.S. Yadav - President
This complaint under Section 12 of the Consumer Protection Act, 1986, has been filed by Mr. Mahender Singh, the complainant, against D.D. Merchant Bankers Ltd., hereinafter referred to as the OP. The facts and circumstances leading to the filing of the complaint, as mentioned in the complaint are that pursuant to an advertisement in the newspaper, the complainant had booked a plot in the project of the OP at Mohali, and paid a sum of Rs.5,25,000/- on 31.3.2006; thereafter the complainant visited the office of the OP and enquired about the progress of the project but every time there was no positive response and there was harassment of the complainant at the hands of the OP; and that the complainant was shocked when the OP returned the said amount through their cheque in the month of May, 2007, because according to the complainant the market value of the real estate had escalated in last two years. The complainant submits that there is gross deficiency in service that amounts to unfair trade practice, due to which the complainant had to suffer financial loss and undergo mental agony and pain. The complainant has prayed that a compensation of Rs.20 lakhs might be ordered to be paid to the complainant by the OP for the aforesaid reasons.
In the reply to the complaint, the OP submitted that there was no cause of action against the OP as the complainant had visited the office of the OP and presented his claim for refund on a ten rupee stamp paper duly signed by the complainant. The same was paid to him in full, as he had made it clear that he was ready to waive any interest thereon if the cheque for refund of the registration amount was issued immediately. The OP thus refunded the said amount of Rs.5,25,000/- vide cheque no.876079 dt. 12.7.2007 which was encashed by the complainant on 14.07.2007 and the present complaint has been filed on 07.11.2008 after more than 15 months of encashment of the cheque. It is submitted that the claim of the complainant as regards compensation, etc. is baseless and unjust and is liable to be rejected.
Both the parties filed their respective evidence and written arguments, and also addressed their oral arguments.
Keeping all the pleadings, evidence and arguments in view, we are of the considered view that since admittedly the complainant had himself submitted request for refund and was issued cheque no.876079 dated 12.7.2007 by the OP which was duly encashed by the complaint, there was no occasion or cause of action for the complainant to file any claim or complaint before this Forum.
The very fact, that the complainant encashed the cheque immediately, shows that he sought the refund of his own. In fact the complainant did not appear before this Forum on continuous seven dates of hearing since 02.09.2014. Ultimately a notice was sent to him and he appeared on 06.08.2018 and stated that he is not at all aware of this case. The complainant does not remember whether he has filed the present complaint.
In view of the aforesaid reasons, the complaint is dismissed as being devoid of any merits, with no order as to costs.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(RITU GARODIA) (H.C. SURI) (A.S. YADAV)
MEMBER MEMBER PRESIDENT
