Haryana

Rewari

CC/357/2011

Pushpa Yadav - Complainant(s)

Versus

Ansal Housing & Construction Ltd. - Opp.Party(s)

Rakesh Rao

22 Jan 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,   REWARI.

 

                                                Consumer Complaint No: 357 of 2011.

Date of Institution:    05.07.2011.

Date of Decision:     22.01.2015.

 

 

Pushpa  Yadav  1062, sector-3 (II), Rewari-123401 ( Haryana).

 

                                                                         …....Complainant.

 

                                      Versus        

 

M/s Ansal Housing  Construction Ltd. 15, UGF, 21, Barakhamba Road, Indraprakash Building ,New Delhi -110001,

 

 

                                                                 ….…Opposite Parties.

 

Complaint Under Section 12  of Consumer Protection Act

 

 

        Before: Shri  Raj  Kumar ………. …..………..PRESIDENT

                       Shri Kapil Dev Sharma…………………MEMBER

 

                      

Present :         Shri  Rakesh Rao , Advocate for the complainant.

                       Shri  Ashok Yadav, Advocate for the opposite parties. 

 

                       

                                           ORDER

 

 Per  Raj Kumar President

 

                             Factual matrix comprising the case of the complainant, shorn of details, is that the complainant had applied for allotment of a 320 sq. yards residential plot on 15.10.2005 and deposited a total sum of Rs. 5,20,000/- with the opposite parties.  It is alleged that  on account of not complying the demand notices  sent to him time and again arbitrarily , the opposite parties cancelled  the allotment of plot and refunded the advance on 13.5.2011 arbitrarily without  paying any interest. Hence, this complaint.

2)                         In reply it is averred that after paying initial registration amount of Rs. 5,20,000/-, the complainant ignored all the demand notices/ reminders  of revised payment plans  for clearance of dues.   It is also averred that  various options like revised payment plan and re-allotment of smaller size plan were sent vide letter dated 19.12.2008 but the complainant did not deposit the remaining payment nor accepted the offer of allotment of plot nor signed it.  So, plot was  resumed and an  amount of Rs. 5,20,000/- was refunded vide letter dated 13.5.2011.  In the end, dismissal of the complaint has been prayed for.

3)                         We have heard both the counsel for the parties and gone through both oral as well as documentary evidence on the file thoroughly. 

4)                         It is not disputed that the complainant had given an application (Annexure-2) for allotment of a residential plot of 320 sq. yards of to the complainant and he also deposited Rs. 3,20,000/-  vide cheque on 15.10.2005  and subsequently Rs. Two lacs were also deposited on 15.2.2006 ( Annexure-3) .  A perusal of clause ‘C’ of the application which was accepted by the opposite party clearly goes to show that allotment offer was to be made within six months from the date of application i.e. from 15.4.2006 and in case offer of allotment is made after 12 months , applicant has a right to seek refund  with interest @ 9% p.a.  There is no cogent explanation on record to show as to why the allotment of letter was not made in time.   To the contrary, without seeking consent from the complainant, the area of the plot was increased from 320 sq. yards to 460.45 sq. yards   and the complainant was asked  to pay the remaining amount of Rs. 33,13,647/-.  The complainant did not comply the aforesaid request and rather made several letters as is evident from the record on the file to refund the claim.  The opposite party, however, cancelled the allotment of plot and finally refunded the advance deposit of Rs. 5,20,000/-  without interest vide letter dated 13.5.2011 ( Annexure- 26) .   It   is evident  that the opposite party has refunded the original amount   on    30.5.2011 after a considerable time without   any cogent explanation in violation of the terms and condition of the application (Annexure-2).  Thus, the complainant has been subjected to harassment and wrongful loss at the hands of the opposite party.  Such an act amounts to unfair trade practice. 

4)                         Resultantly, the complaint is allowed directing the opposite parties to pay interest @ 9% p.a.  over the refunded amount of Rs. 5,20,000/-  from the date of deposits till the date of refund i.e. 13.5.2011.  The complainant is also awarded compensation of Rs. 40,000/- and litigation expenses of Rs.5500/- against the opposite parties.  The compliance of the order be made within two months from the date of receipt of the copy of this order failing which entire amounts shall fetch penal interest @ 12% p.a.

Announced

22.1.2015.                          

                                                                    President,

                                                          Distt. Consumer Disputes

                                                          Redressal Forum, Rewari.

 

                    Member, 

             DCDRF,Rewari.