Chandigarh

StateCommission

CC/825/2017

Rajiv Gupta - Complainant(s)

Versus

M/s Emaar MGF Land Limited - Opp.Party(s)

Narender Singh, Adv.

16 May 2018

ORDER

Admittedly, the complainant was working with the opposite parties. During currency of his services, he purchased one plot measuring 250 sq. yards for an amount of Rs.60 Lacs. Allotment was made vide letter dated 18.12.2014 (Annexure C-3). Booking amount Rs.2,50,000/- and a sum of Rs.5,14,938/- were paid through cheque on 31.01.2015. The services of the complainant were terminated on 31.08.2016 (Annexure C-5). When in service, one letter was written by the opposite parties to the complainant on 09.06.2010 (Annexure C-2) offering Long Term Loyalty Bonus with a condition that the said amount would fall due on successful completion of four years in service from the date of the said letter and was subject to his being on the active rolls of company on the day of completion of the stipulated period. It was further stipulated in the said letter that the bonus was to accrue in a time frame of 36 months from the date of completion of stipulated period as referred to above. It was further said that the bonus would be paid as an ex-gratia and the same could be solely utilized by him to purchase the property with the opposite parties. The services of the complainant were terminated on 31.08.2016 (Annexure C-5), before the date when the said bonus was to become due for payment/adjustment. Thereafter, the opposite parties issued him a letter of possession adjusting only an amount of Rs.15,00,999/- towards the said bonus and rest of the amount was claimed from him.  At that stage, this complaint was filed. It is vehemently contended that the bonus declared had become due to the complainant and it was not justified by the opposite parties not to adjust the same against the property purchased, whereas, to the contrary, it has been alleged by the opposite parties that bonus was offered as an ex-gratia and it was open to the employer not to give it, if the services of the employee are terminated. On this issue, we cannot express any opinion, at this stage, as we feel that the dispute would not be covered under a consumer dispute.

                The complaint stands disposed of accordingly. However, liberty shall remain with the complainant to avail any other remedy, available to him, as per law.

                Certified copies of the order be sent to the parties free of charge.