SHER BAHADUR SINGH Vs. PARAMOUNT VILLAS PVT LTD

JUDGEMENT

(1.) This appeal has been filed by the appellant Sher Bahadur Singh against the order dated 08.09.2016 passed by the State Consumer Disputes Redressal Commission, Delhi, (in short 'the State Commission') in CC No.347 of 2015. The State Commission has dismissed the complaint on the ground that the complainant is doing forum shopping and the complaint was not maintainable before the State Commission.

(2.) Brief facts of the case are that the appellant had booked a residential unit with the opposite party. However, there was some demand of interest from the opposite party and the appellant filed a consumer complaint bearing No. 90 of 2013 before the District Consumer Forum, Gautam Budh Nagar, U.P ( in short 'the District Forum'). The District Forum vide its order dated 30.04.2015 dismissed the complaint. This complaint was filed prior to the due date of possession, which was in the year 2013. After the order of the District Forum, the opposite party treating it as if the District Forum has upheld the demand of interest and as no interest or further amount was paid by the complainant, cancelled the allotment vide letter dated 19.05.2015. The complainant then filed another complaint against cancellation of allotment by the opposite party before the State Consumer Disputes Redressal Commission, Delhi as the registered office of the opposite party is in Delhi. The State Commission after hearing both the parties has decided that the complainant is involved in forum shopping as the earlier complaint was filed before the District Forum, Gautam Budh Nagar, U.P. and no appeal was preferred by the complainant against that order. He has again filed complaint before the State Commission, Delhi.

(3.) Heard the learned counsel for both the parties and perused the record. The appellant in person states that the two complaints were filed on different causes of action. The earlier complaint was filed for cancelling the notice of demand raised by the opposite party because at that time neither the due date had come for possession nor there was any issue relating to possession. The second complaint was filed before State Commission, Delhi on the cause of action arisen by the cancellation of the allotment letter by the opposite party on 19.05.2015. Thus, it is wrong to say that the complainant is involved in forum shopping. The Complainant has every right to file complaint before the State Commission, Delhi provided the jurisdiction is satisfied.