Mr. Premnath Jaganath Kanojia Vs. Mr. Rajesh B. Kanekia - Court Judgment

SooperKanoon Citationsooperkanoon.com/1111069
CourtMaharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided OnOct-01-2009
Case NumberConsumer Complaint No.145 of 2009
JudgeShri S.R. Khanzode, Hon’ble Presiding Judicial Member Smt.S.P. Lale, Hon’ble Member
AppellantMr. Premnath Jaganath Kanojia
RespondentMr. Rajesh B. Kanekia
Advocates:Complainant is present in person.
Excerpt:
oral order: per shri s.r. khanzode, honble presiding judicial member perused the record. to support the alleged agreement for transaction for purchase of shop no.10, complainant has produced on record a copy of letter dated 10/1/1998 from one m/s. kanakia properties pvt. ltd. complainant does not mention as to how the o.p. mr. rajesh b. kanekia is connected with said m/s. kanakia properties pvt. ltd. further, besides said letter dated 10/1/1998, there is no other document, particularly, the agreement is produced before us. it is not made clear and there is no statement in the complaint as to whether any regular agreement to purchase the shop had taken place. it is only mentioned that after making the payment towards the purchase of the shop, when on 19/1/2000 complainant made a site visit, there was no trace or any evidence of starting of the construction at all and they were informed about the property being involved in a court litigation. no further action has been taken and then in the year 2008, there were perhaps police complaints and then this consumer complaint. action is quite belated. further, nothing has been shown as to how o.p. mr.rajesh b. kanekia is connected with the transaction. under the circumstances, we find this is not a fit case to entertain and hence, the order;- order: complaint stands rejected. copies of the order be furnished to the parties.
Judgment:

Oral Order:

Per Shri S.R. Khanzode, Honble Presiding Judicial Member

Perused the record. To support the alleged agreement for transaction for purchase of shop no.10, complainant has produced on record a copy of letter dated 10/1/1998 from one M/s. Kanakia Properties Pvt. Ltd. Complainant does not mention as to how the O.P. Mr. Rajesh B. Kanekia is connected with said M/s. Kanakia Properties Pvt. Ltd.

Further, besides said letter dated 10/1/1998, there is no other document, particularly, the agreement is produced before us. It is not made clear and there is no statement in the complaint as to whether any regular agreement to purchase the shop had taken place. It is only mentioned that after making the payment towards the purchase of the shop, when on 19/1/2000 complainant made a site visit, there was no trace or any evidence of starting of the construction at all and they were informed about the property being involved in a court litigation. No further action has been taken and then in the year 2008, there were perhaps police complaints and then this consumer complaint. Action is quite belated. Further, nothing has been shown as to how O.P. Mr.Rajesh B. Kanekia is connected with the transaction. Under the circumstances, we find this is not a fit case to entertain and hence, the order;-

Order:

Complaint stands rejected.

Copies of the order be furnished to the parties.