Kim Infrastructure and Developers ltd. Consumer Complaint for unfair trade practice and deficiency in services.
This post is a summary of judgment wherein the complainants stated that there is a deficiency and unfair trade practice on the part of the opposite parties, firstly by collecting investments from complainants without any approval of the scheme/plan from the concerned authorities and secondly not refunding the due amount. The Court held, “the complaint is allowed and following directions are given to opposite parties: i) to pay `40,00,000/- as maturity amount (`20,00,000/- lacs against each receipt vide agreement No. 0108F0000028 & 0108F0000029 along with interest at the rate of 8% per annum with effect from 09.09.2017 till realization. ii) to pay `50,000/- on account of harassment and mental agony as well as litigation expenses.”
Judgment digest
Complainants:
- Jasbeer Kaur, daughter of Captain Phuman Singh (widow of Jaswinder Singh), resident of Village Hansala, Post Office Durala, District Kurukshetra.
- Baljot Singh, son of Jaswinder Singh, resident of Village Hansala, Post Office Durala, District Kurukshetra through his natural guardian/mother Jasbeer Kaur, daughter of Captain Phuman Singh, (widow of Jaswinder Singh), resident of Village Hansala, Post Office Durala, District Kurukshetra.
Opposite Parties:
- Kim Infrastructure & Developers Limited, Registered and Corporate Office at 1307, Hemkunt House, 6-Rajindera Place, New Delhi through its Managing Director/ Authorized Signatory.
- Kim Future Vision Services Ltd., at present Office at 1307, 1311-A, 6, Hemkunt House, Rajindera Place, New Delhi through its Managing Director. Second Address: 909, Vishal Tower, District Center, JanakPuri, New Delhi.
- Kim Infrastructure & Developers Limited, having its Branch Office at 227, City Centre, Near Guru Nanak Bhawan, Amritsar, Punjab, through its Branch Manager.
- Kim Future Vision Services Ltd./ Kim Infrastructure & Developers Limited, Gurudwara DukhNiwaran Sahib, Market Branch Office, Patiala through its Branch Manager. Consumer Complaint No 101 of 2018
- Ravinder Singh Sidhu, Managing Director, Kim Infrastructure & Developers Limited, having its Branch Office at 227 City Centre, Near Guru Nanak Bhawan, Amritsar, Punjab. Second Address: Flat No.503, ATS Golf Meadows Prelude, Barwala Road, DeraBassi, District Mohali, Punjab.
- Kawaljeet Singh, Director, Kim Infrastructure & Developers Ltd., having its Branch Office at 227 City Centre, Near Guru Nanak Bhawan, Amritsar, Punjab. Second Address: S/o Harnam Singh, Village and Post Office Chhajalwaddi, Near Taangra G.T. Road, Amritsar, Punjab.
- Palwinder Singh, Director, Kim Infrastructure & Developers Limited, having its Branch Office at 227 City Centre, Near Guru Nanak Bhawan, Amritsar, Punjab.
- SanjitSikdar, Director, Kim Infrastructure & Developers Limited, having its Branch Office at 227 City Centre, Near Guru Nanak Bhawan, Amritsar, Punjab.
Quorum: Mr. Rajinder Kumar Goyal
Presiding Member Present:
For the complainants: Ms.RuchiSekhri, Advocate
For opposite parties No.1,3,5,7 &8: Sh.Tarun Seth, Advocate
For opposite parties No.2&4: None
For opposite parties No.6: Sh.Aayush Arora, Advocate
Also Read- Recovery proceedings in the matter of M/s KIM Infrastructure & Developers
Facts and evidence presented by both parties.
Complainant No.1 is the mother of complainant No.2 who is a minor. The husband of complainant No.1 was murdered in Dubai and complainants had received money as part-compensation being legal heirs. Complainant No.1 for the welfare of herself and her minor son wanted to invest the aforesaid money. Opposite party No.1 came into contact with complainant No.1 and stated that they had one of the best schemes for investment and if the complainants would invest more than `10 lacs, the money would be doubled within 6.3 years. Accordingly, complainant no.1 invested the money in her name, and her minor son i.e complainant No.2 and paid `20,00,000/- to opposite party No.1 through opposite party No.2 at Branch Office at Patiala. Thereafter, a lumpsum payment receipt of `10,00,000/- was issued to complainant No.1 bearing Sr. No.0108F0000028 dated 09.06.2011, with the date of completion mentioned as 08.09.2017. The second receipt-bearing No.0108F0000029 was issued on 09.06.2011 in the name of complainant No.2 with the date of completion was 08.09.2017. Opposite party No.1 had also secured the amount of complainant No.1 by allotting 10,000 sq. yards in both the aforesaid receipts.
Also Read- KIM INFRASTRUCTURE DEVELOPERS LTD SECURITIES
On maturity, complainant No.1 visited the branch office of opposite parties No.1 & 2 and deposited both the original receipts with the Consumer Complaint No 101 of 2018 employee of opposite party No.2, who further issued a receipt No.30501 on 08.09.2017 to complainant No.1 on receiving the original documents from her. Complainant No.1 made repeated requests for maturity amount but opposite parties did not give any heed to the requests. Thereafter, a legal notice on 10.01.2018 was served upon the opposite parties but no reply was given. Opposite parties No.1, 3, 5, 7 & 8 filed their joint written statement and took preliminary objections that the company is engaged in the business of real estate i.e. sale and purchase of land, building under various schemes like develop lands, residential flats, roads, buildings, colonizers and erection work since September 2005. Complainant No.1 herself agreed to invest the amount for herself and her child. Further, it was agreed that the land will be allotted to both the complainants of 10,000 sq. yards to each complainant, and receipt of `10 lacs was issued in both the names. There is nowhere mentioned that the complainants would get double the invested amount within 6.3 years. Opposite party No.1 always complied with the terms and conditions agreed between the parties and accordingly already issued an allotment letter in the name of both the complainants within the prescribed period i.e. on 20.02.2018. The complaint has been filed by the complainants with Consumer Complaint No 101 of 2018 mala fide intention just to grab the money from opposite party No.1. As per clause 20 of the application form, the allotment of the land to the customers shall be at the sole discretion of the company.
Also Read- Sebi orders attachment of 59 properties of Kim Infra, 4 others
This Commission has no jurisdiction to entertain the present complaint. The clause 36 of the application form reveals that in case of any dispute between the parties the matter will be referred to the Arbitrator and further as per Clause 37 of the application form the jurisdiction will be at Delhi. On merits, other similar please as raised in preliminary objections were reiterated and denying other allegations of the complainants, it was prayed that the complaint is dismissed, with costs. Opposite parties No. 2 & 4 filed their separate written statement taking preliminary objections that the complainants have no locus standi against opposite parties No.2 & 4. Opposite parties No. 2 & 4 neither have any contract or relationship with the complainants as is apparent from the complaint that the alleged investment was made on 09.06.2011 by the complainants only with the opposite party – company which is a separate legal entity and came into existence / incorporated on 30.04.2012 and the contact in question came into existence on 09.06.2011. The complainants have not placed any document on record which proves any relationship of consumer with answering opposite parties. Opposite parties No.2 & 4 do not have any product/ services to offer to any retail individual.
Also Read- M/S Kim Infrastructure And … vs Sebi on 11 April, 2018
Judgment:
Sequel to the above, the complaint is allowed and the following directions are given to opposite parties:
- i) to pay `40,00,000/- as maturity amount (`20,00,000/- lacs against each receipt vide agreement No. 0108F0000028 & 0108F0000029 along with interest at the rate of 8% per annum with effect from 09.09.2017 till realization. ii) to pay `50,000/- on account of harassment and mental agony as well as litigation expenses.
This post is written by Riya Singh.
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