PANCHSHEEL BUILDTECH PVT LTD Vs. AJAI KUMAR GOPALIA

JUDGEMENT

(1.) THE complainant purchased flat No.808 -B in Panchsheel Welington Project in Crossing Republik N H 24, Ghaziabad. A theft took place in the aforesaid flat of the complainant, when no one was present inside the flat. The case of the complainant is that they had put locks on both the gates at the main door of the flat. The lock put on the steel door was broken, whereas the wooden door was cut, for the purpose of trespassing in the flat. The thieves thereafter broke open the steel almirah kept inside the flat and removed jewellery as well as the cash which the complainant had kept in the lockers of the almirah.

(2.) THE case of the complainant is that under an agreement between the complainant and the petitioner, the security for the flat purchased by him was to be provided by the petitioner and maintenance and security charges were being paid to the petitioner on a regular basis. Since neither the thieves could be caught nor the stolen goods could be recovered, the complainant preferred a complaint against the petitioner before the concerned District Forum seeking compensation for his loss amounting to Rs.4,75,000/ - which comprised Rs.4,00,000/ - towards the cost of the jewellery and Rs.75,000/ - towards cash which was stolen from the house. He also sought compensation amounting to Rs.5,00,000/ - for the harassment which he had to undergo.

(3.) THE complaint was resisted by the respondent inter alia on the ground that the matter in question was not a consumer dispute but a criminal act which was under investigation by the police, since FIR had already been filed. On merits, it was alleged that the security agency was in place and no deduction from the bill of the security agency can be made on account of theft of the complainant, when the matter is under investigation by the police. The first question which comes up for consideration is as to whether the security of the flat which the complainant had purchased from the petitioner was to be maintained by the petitioner or not. Clause (C) of the allotment letter which contains the terms and conditions agreed between the parties, to the extent it is relevant, reads as under