PUSHPA PANDARWANI Vs. GENERAL MANAGER JVC FINANCE LTD

JUDGEMENT

(1.) M/s. JVC Finance Limited, Bhikaji Cama Place, New Delhi, respondent No.1, is a kind of coloniser. It advertised for setting up a residential colony at Loni on Delhi-Saharanpur Road, published in The Tribune dated 1.3.1990. The complainant deposited a sum of Rs.8,700/- on 17.3.1990 as 10% of the cost of the plot. She also made a further payment of Rs.34.800/- vide Bank Draft dated 7.8.1990 drawn on Bank of India, Delhi and Receipt No, 1662 was issued to her. The complainant further deposited a sum of Rs.20,000/- and confirmation in this regard was received on 22.4.1991, Annexures P-9 and P-10. She further deposited a sum of Rs.28,300/- on 31.12.1991 in the local branch of the respondent vide Cheque No.254061 and in response to it, a receipt dated 31.12.1991 itself was collected. It has further been alleged that in reality, there is no development at the site and the respondent has been putting off actual allotment of the plot. The sum of Rs.1,20,390/- is lying blocked with the respondent and it has not been refunded. She has claimed interest @ 24%. Besides refund of the capital invested by her, she also claimed a further sum of Rs.10.00 lacs as damages.

(2.) In reply filed on behalf of the respondents, it has been averred that the transaction was executed at Delhi /new Delhi, where Head Office of the respondent is situate and the site in question is located at Ghaziabad in Uttar Pradesh and this Commission at Chandigarh had no territorial jurisdiction. It has further been averred that it was a contract of sale and for this reason too the complaint should not be entertained by the Commission. There is also a plea that the main dispute is regarding refund of Rs.1,20,390/- and the sum of Rs.10.00 lacs has been added to inflate the claim and to bring it within the jurisdiction of the Commission. It has further been averred that the complainant could apply for cancellation by 30.9.1991 and since she did not opt, she was not entitled to the refund.

(3.) There is a Branch Office of the respondents, as mentioned in the complaint. There is also a reference to this Branch Office in other communications, such as Annexures P-22 and P-24. In an affidavit dated 21.4.1997 of Col. Sushil Kumar placed on record on behalf of the respondent, there is a specific mention that M/s. JVC Finance Limited is maintaining its Zonal Office at SCO No.40, Sector 9d, Chandigarh. Since there is an office of M/s. JVC Finance Limited at Chandigarh as described in the heading of the complaint, we are of the view that this Commission has the jurisdiction to entertain the complaint. Sec.11 (2) (a) of the Consumer Protection Act, 1986 reads as under. "11 (a ). the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint/actually and voluntarily resides or [carries on business or has a branch office or] personally works for gain. " The claim put forward by the complainant is more than Rs.5 lacs and it cannot be said that this Commission has no pecuniary jurisdiction to deal with this case. In support of the last date of cancellation of 30.9.1991, the only fact on record by the respondent is copy of the publication in The Tribune dated 17.11.1991 (Annexure P-12 ). It is not the case of the respondent that they were not aware of the address of the complainant and this cannot be said that small notice in a column of The Tribune and that too of a short duration cannot take away the right of the complainant to get the compensation from the respondent. A public notice may be justified if whereabouts of the particular person (s) are not known. In this case the full address and particulars of the person were very much in the knowledge of the respondent. The plea of the respondents that the complainant was entitled to withdraw her money upto 30.9.1991, cannot be said to be justified. After considering the facts and evidence briefly referred to above, we hold that the respondents are liable to refund the sum of Rs.1,20,300/- together with interest @ 18% per annum from 7,12.1995 i. e. the date of institution of the complaint till realisation. There is an application that liquidation proceedings are now pending in Delhi High Court against M/s. JVC Finance Ltd. Any authentic copy of the proceedings, stay etc. has not been brought to our notice. However, such a plea may be taken at the time of execution, if admissible. The complaint stands disposed of.