Heard learned counsel for both the sides.
2. This appeal is filed U/S-15 of erstwhile Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The case of the complainant, in brief is that the Op floated a scheme in Section-10 of Bidanasi Project area in the year 2002. As per advertisement, complainant applied for residential “D” Category and made initial deposit of Rs.30,500/- with processing fee on 27.08.2002 and accordingly “D” Category plot of 30”x50” in Section-10 was allotted by the OP in their letter dtd.5.10.2002. Complainant was informed to pay Rs.1,65,000/- including the initial deposit within a span of one month. It is alleged inter-alia that complainant deposited Rs.1,35,000/- in the office of the OP as a result final allotment order dtd.07.06.2004 was issued and in that letter also he was asked to pay Rs.3300/- alongwith fees for delivery of possession within stipulated time. It is further alleged that the letter dtd.10.04.2008 the complainant was again asked to deposit the money with total balance of Rs.4,681/- by 30.04.2008. Complainant alleged that his father became hospitalized and expired on 1.06.2008 for which he could not deposit the amount on time. It is alleged that the complainant deposited Rs.4693/- after calculation of interest on 09.05.2008 with required documents to give delivery of possession but on 11.09.2008 the OP without considering same cancelled the allotment. Alleging deficiency in service on the part of the OP, the complaint was filed.
4. The OP filed written version admitting the entire facts but the complainant since did not deposit the money for Rs.4681/- as per letter dtd.10.04.2008 they have cancelled the plot on 11.09.2008. There is deficiency in service on their part.
5. After hearing both the parties, learned District Forum passed the following order:-
Xxxx xxxx xxxx
“ Having answered the first issue, we direct the OP to withdraw the cancellation letter issued by him vide his letter No.19957 CDA dtd.11.09.08 and ensure delivery of possession of the said plot to the complainant within a span of one month from the date of this order.
Since, the Op is a Govt. Undertaking, we are not inclined to award any compensation as prayed for. However, the OP will pay a cost of Rs.1000/- to the complainant within the above period.
With this the case is disposed of.”
6. Learned counsel for the appellant submitted that learned District Forum has committed error in law by not considering the written version with proper perspectives. According to him, since the complainant did not deposit the balance amount they are bound to cancel the allotment. These facts have not been properly appreciated by the learned District Forum, for which it should be set-aside by allowing the appeal.
7. Learned counsel for the respondent submitted that they have not deposited the balance amount by 30.04.2008 but subsequently they have deposited the amount Rs.4681/- on 09.05.2008 which has been accepted by the OP, but on other hand they cancelled the allotment. Therefore, he supports the impugned order.
8. Considered the submission of learned counsel for the respective parties, perused the DFR and impugned order.
9. It is admitted fact that the complainant was allotted “D” category plot in Sector-10 in the year 2002. It is also admitted fact that the complainant has deposited Rs.30,500/- on 27.04.2002 and thereafter also deposited Rs.1,35,000/- and as such the entire cost has been paid. It is also admitted fact that the OP has issued a letter to deposit further Rs.3300/- and Rs.300/- towards documentation charges with possession handing over charges by 30.04.2008 but complainant deposited fees, total Rs.4693/- as on 09.05.2008 due to hospitalization of his father. Annexure-2 shows that they have asked complainant on 07.06.2004 to pay Rs.3300/- by 31.07.2004.Annexure-3 again shows that they sent a letter dt.10.04.2008 to pay Rs.4681/- by 30.04.2008 failing which it will be cancelled. Thereafter a letter was sent by complainant to OP vide Annexure-4 showing deposit of Rs.4693/- in the office of CDA on 9.5.2008 showing change of address and request to hand over the possession as he has already deposited the money and receipt has been also granted by OP. It is found from Annexure-5 that a letter was sent on 11.09.2008 by OP stating that the allotment of the plot has been cancelled.
10. From all those documents of the OP and the complainant we are of the view that the cost of the plot has already been paid long back and further payment of cost for documentation and possession hand over charge cannot be bottleneck to deny the right already accrued to the complainant to get the plot due to payment of entire cost of plot. It is settled in law that once consideration of land is paid to seller, buyer gets right over the plot already allotted. The documentation and the handing over possession of land allotted are only follow up action, any late payment charges in these regard should be considered liberally. The OP once accepted those charges vide Annexure-4 before cancellation, they are bound to act on it. Therefore, the cancellation on 11.09.2008 after acceptance of the entire money including cost of the land, documentation charge with possession delivery charge is deficiency in service on the part of the OP.
11. In view of aforesaid discussion, we find no merit in the appeal and accordingly confirmed the impugned order and the appeal stands dismissed. No cost.
Free copy of the order be supplied to the respective parties or they may download same from the Confonet or Website of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith.
