Haryana

Sonipat

80/2014

JAI BHAGWAN S/O OM PARKASH - Complainant(s)

Versus

1. TDI INFRASTRUCTURE,3. TDI INFTRASTCTURE LTD. - Opp.Party(s)

ASHOK PANDIT

12 Jan 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

 

                                Complaint No.80 of 2014

                                Instituted on:28.03.2014

                                Date of order:10.06.2015

 

Jai Bhagwan son of Om Parkash BPL Card Holder resident of village Ahmedpur, tehsil and distt. Sonepat.

 

                                           ...Complainant.

                        Versus

 

 

1.TDI Infrastructure Pvt. Ltd. City Kundli, distt. Sonepat through its Manager.

2.TDI Infrastructure Ltd. 11 Vandna Building Tolstoy Marg, New Delhi through its Managing Director.

 

                                           ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Ashok Pandit Adv. for complainant.

           Sh. Virender Tyagi, Adv. for respondents.

 

BEFORE-  NAGENDER SINGH, PRESIDENT.

        SMT.PRABHA WATI, MEMBER.

        D.V.RATHI, MEMBER.

 

O R D E R

 

          Complainant has filed the present complaint against the respondents that being the BPL card holder, he has applied for the allotment of plot in TDI City at Kundli and deposited Rs.15000/- with the respondents vide DD no.000668 dated 12.9.2011. The complainant being successful candidate in the draw of lots, the respondents issued a letter no.40318 dated 26.7.2013 to the complainant to submit an affidavit duly attested by Ist Class Magistrate, which the complainant has submitted on 26.2.2014.  But till date, the respondents have not issued either any allotment letter or delivered the possession of such plot/flat under EWS category and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.        In reply, the respondents have submitted that after receiving the affidavit from the complainant, the respondents sought report from the office of District Administration Sonepat for verification of name of the complainant in the list of EWS and it was found that the name of the complainant does not find figure in the list of the EWS persons. Consequently, the allotment of flat in favour of the complainant was cancelled and the earnest money deposited by the complainant was forfeited as per undertaking given by the complainant himself.  Hence, the complainant is not entitled for any issuance of allotment letter and delivery of possession of flat. So, it cannot be said that there is any kind of deficiency in service on the part of the respondents and thus, prayed for the dismissal of the present complaint.

3.        We have heard the ld. Counsel for both the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        Ld. Counsel for the complainant has submitted that the complainant being successful candidate in the draw of lots under EWS category, the respondents issued a letter no.40318 dated 26.7.2013 to the complainant to submit an affidavit duly attested by Ist Class Magistrate, which the complainant has submitted on 26.2.2014.  But till date, the respondents have not issued either any allotment letter or delivered the possession of such plot/flat under EWS category and that amounts to a grave deficiency in service on the part of the respondents.

          Ld. Counsel for the respondents have submitted that after receiving the affidavit from the complainant, the respondents sought report from the office of District Administration Sonepat for verification of name of the complainant in the list of EWS and it was found that the name of the complainant does not find figure in the list of the EWS persons. Consequently, the allotment of flat in favour of the complainant was cancelled and the earnest money deposited by the complainant was forfeited as per undertaking given by the complainant himself.  Hence, the complainant is not entitled for any issuance of allotment letter and delivery of possession of flat.

          The respondents have placed on record the letter Ex.R1 issued by Govt.of Haryana to All Senior Town Planners & All District Town Planners, Ex.R2 affidavit of Jai Bhagwan dated 12.8p.2013, Ex.R3 copy of ration card and Ex.R4 letter of cancellation issued by the TDI to the complainant.

          In the present case on 18.7.2014, the complainant has made a statement that the respondents after their appearance in this complaint, has sent the cheque worth Rs.15000/- alongwith the letter.  Since this complaint is/was pending, the complainant has sent the cheque no.819188 dated 3.6.2014 to the respondents and photo copy of the same is Annexure A.

          In the present case, it is not disputed that the allotment in favour of the complainant has been cancelled by the respondents.

          Now the main question arises for consideration before this Forum is whether the action taken by the respondents in case of the complainant is legal or illegal?

          In the present case, the respondents have failed to produce any investigation report or any other report issued by the Food & Supplies Department to prove that the complainant was not BPL Card holder on the date of draw of plots. So, merely on the basis of the letter issued by the respondents that the complainant was not a BPL Card holder on the date of draw of plots is not sufficient and in our view, the action taken by the respondents in the matter of the complainant is wrong and illegal.  The complainant definitely is entitled to get the plot at TDI City Kundli, Distt. Sonepat. Accordingly, we hereby direct the respondents to allot the plot to the complainant at TDI City Kundli, distt. Sonepat. The complainant is also directed to pay the balance amount, if any to the respondents.

          With these observations, findings and directions, the present complaint stands allowed.

          Certified copy of this order be provided to both the parties free of cost.

File be consigned to the record-room.

 

 

 

 

(Prabha Wati Member) (DV Rathi Member)     (Nagender Singh-President)

DCDRF, Sonepat.      DCDRF Sonepat         DCDRF, Sonepat.

 

Announced: 10.06.2015