IMPORTANT POINT
When head office/registered office of company is situated at Delhi, consumer complaint can very well be filed at that place.

Dr. B.C. Gupta, Member—This appeal has been filed under Section 19 read with section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 19.01.2016, passed by the Delhi State Consumer Disputes Redressal Forum, New Delhi (hereinafter referred to as State Commission), vide which, Complaint No. 1273/2015, Pratap Chandra Sinha v. M/s Kindle Developers Pvt. Ltd. and Ors. was dismissed in limini.

2. Brief facts of the case are that the present complainant/appellant Pratap Chandra Sinha filed a consumer complaint before the State Commission, stating that he booked an apartment for Rs. 64,37,500/- in the residential scheme to be constructed by the OP-1 in Sector-79, Noida, U.P. and paid a consideration of Rs. 25,59,406/- for the same. The OPs were to deliver the possession of the fully-completed apartment to the complainant at the end of 36 months, as per the agreement between the parties.

3. In January 2015, the complainant went to the construction site only to find that there was no significant progress and by no stretch of imagination, the project could be completed within the stipulated period. The complainant, being dissatisfied with the unsatisfactory progress towards the completion of the project, decided to withdraw from the project and demanded his money back via email on 03.02.2015, to which he received a reply on 04.02.2015, stating that the procedure for refund from the OPs be complied with by the complainant. As per the complainant, the refund was not given, despite completing all the formalities. He, therefore, filed a complaint against the OPs alleging deficiency in service on their part and for the return of Rs. 25,59,406 alongwith interest @ 18 %, with a direction to the OPs to pay interest @ 18% on Rs. 12,18,071/- for making unlawful gains to themselves and causing unlawful loss to the complainant, and directing OPs to pay Rs. 10 Lacs as compensation.

4. The State Commission vide their impugned order dated 19.01.2016 dismissed the complaint in limini and observed as follows:-

“3. At the very outset, it is mentioned that booking a flat was situated in Noida, agreement was executed in Noida as is clear from the copy of non-judicial stamp paper at page-14 and copy of application form at page-15. Hence, this Commission has no territorial jurisdiction.

4. The other fact is that as per clause 29 of the Builder Buyers’ Agreement at page-31, the OP was to handover the physical possession of the apartment within 36 months from start of the construction i.e. 1st August, 2013. That time has not yet arrived and the complaint is premature.”

5. Being aggrieved against the order of the State Commission, the complainant is before this Commission by way of the instant appeal.

6. During arguments, the learned counsel for appellant/complainant stated that the registered office of the OP-Builder was situated at Delhi and hence, the consumer complaint could very much be filed at Delhi under section 17 of the Consumer Protection Act, 1986. The office at Delhi is the main controlling office and the Directors of the company are situated at Delhi itself. The learned counsel further argued that the OP Builder had not offered the possession of the building in question, although they were required to do so within three years from the start of the construction, i.e., 01.08.2013, meaning thereby that the possession was to be delivered by the end of July 2016. The State Commission, should, therefore, be directed to decide the complaint on merits. The learned counsel has drawn attention to the order passed by the Hon’ble Apex Court in “Sonic Surgical vs. National Insurance Company Limited” [2010 (1) SCC 135], in support of his arguments.

7. Per contra, the learned counsel for the respondent stated that the project in question was located at Noida, U.P. The agreement between the parties was also signed at Noida and the Corporate Office of the OP Company was also located at Noida. The order passed by the State Commissi