GAURAV VIJH Vs. MANISH CHAWLA

JUDGEMENT

(1.) This appeal has been filed under section 19 read with section 21(a)(ii) of the consumer Protection Act, 1986 against the impugned order dated 19.05.2016, passed by the Delhi State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in consumer complaint No. 417/2016, filed by the present appellant, vide which, the said complaint was ordered to be dismissed.

(2.) The appellant/complainant stated in the consumer complaint filed before the State Commission that OP -1&2 / respondents No. 1 & 2, Manish Chawla and Ankush Mehra respectively were running a company in the name of M/s. Chawla Reality Private Limited and were investing money as agents on behalf of clients. The said OP 1 & 2, acting in connivance with a Real Estate company called Supertech Limited had prompted him to invest his funds with that company. The complainant stated that out of fiduciary trust, he gave them a sum of 6 lakh vide cheque No. 127107 dated 23.07.2013, and he was assured that his money was invested for a few months only and promised to return the same by January 2014. Further, on their persuasion, he made a further payment of 5,84,546/ - vide cheque No. 127115 dated 09.12.2013. He made it clear to the OPs that the money was being given for a short period only. The complainant alleged that the OP -1 & 2 had misappropriated the said money and parked the same with OP -3 real estate Company without his authorisation. The case of the complainant is that he never booked any flat with OP -3 and hence, his money had been misappropriated by the OPs by fraudulent means.

(3.) The complainant filed the consumer complaint in question, seeking direction to the OPs to pay a sum of 45,37,779/ - alongwith further interest @24%. The State Commission vide impugned order dated 19.05.2016 dismissed the said complaint, observing as follows: -