IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 05.11.2024 Date of hearing: 24.11.2025 Date of Decision: 15.01.2026 FIRST APPEAL NO.- 754/2024 IN THE MATTER OF:

1. M/S PAREENA INFRASTRUCTURES PVT. LTD., 2. MR. VIRENDER VERMA, DIRECTOR, BOTH HAVING THEIR OFFICE AT:

2, PALMS APARTMENTS, PLOT NO.13-B, SECTOR-6, DWARKA, NEW DELHI – 110075. (Through: Naresh Khanna & Co.)

.... Appellants VERSUS MR. YOGENDRA KHARE, S/O MR. VIJAY KUMAR KHARE, R/O C-8, HOUSE NO. 8826, VASANT KUNJ, NEW DELHI – 110070.

(Through: Mr. Devansh Agarwal, Advocate)

....Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: Mr. G. L. N. Murthy, counsel for the appellant.

Mr. Devansh Agarwal, counsel for the respondent alongwith the SPA holder.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL,PRESIDENT

JUDGMENT

1. The facts of the case necessary as per the District Commission record are:

“1. The brief facts of the case are that OP-1 is a company registered under the Indian Companies Act, 1956 whereas the OP-2 is the director of OP-1 and has been responsible for the day to day affairs of the company. The complainant has booked a space unit in the upcoming project of the OP-1 in Sector-99A, Gurgaon and paid Rs.7,50,000/- (Rupees Seven Lakh Fifty Thousand) vide cheque no. 000752 drawn on ICICI bank. The OP has assured the complainant that licence no. 10/2013 dated 12.03.2013 has been obtained by the OP. The OP-1 and OP-2 had confirmed receipt of the above amount Rs.7,50,000/-dated 30.07.2013 and further the complainant allotted a customer ID COB-296/2013. The OP-1 and OP-2 sent a letter to the complainant and asked to pay further payment of Rs.8,77,246/-. The complainant has requested the OP to provide the licence and building plan and other relevant documents to the complainant. The complainant visited the office of OP-1 and OP-2 on 11.07.2015 and informed the OP that he was no more interested in seeking space in the upcoming project of the OP. The complainant sent a legal notice dated 01.08.2016 to OP-1 and OP-2 for refund of his deposited money. The OP-1 and OP- 2 neither replied to the legal notice nor refunded deposited money. The complainant has prayed for refund of Rs. 7,50,000/- with interest and Rs. 7,50,000/- for mental harassment and Rs.

1,50,000/- towards litigation charges.

2. Notice was served to OPs and OPs entered its appearance and filed written statement taking several preliminary objections that the complainant has filed the complaint in October, 2016 seeking refund of money paid in February, 2013 is wholly time barred under the provisions of Section 24A of the Consumer Protection Act, 1986 as the same claim has been preferred much after the period of limitation of two years prescribed in the aforesaid provision of law. The OP has stated that this forum has no jurisdiction to entertain or try the present complaint. The cause of action has arisen in only with regard to the office of OP-1 at Gurugram. The complainant has filed old documents which clearly show that the complainant dealt with the Gurugram office of the OP-l only. Hence, this forum has no jurisdiction to entertain or try the present complaint. The OP has stated that the present case involves complicated question of facts and it cannot be adjudicated in the summary jurisdiction vested in this Forum and the same should be relegated to be tried by a civil court as per settled law on the subject by the Hon'ble Supreme Court of India and in that view of the matter also, the present complaint deserves to be rejected by this Forum. The OP has stated that the complainant is not entitled to seek any refund of the booking amount paid to the OP-1 in view of clause 4 of the indicative terms and conditions attached to the application for registration dated 29.07.2013 duly signed by the complainant providing thatcase of cancellation, the earnest money paid stands forfeited by OP-1 and in that view of the matter nothing is