BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, REWARI.
Consumer Complaint No: 737 of 2010.
Date of Institution: 08.12.2010.
Date of Decision: 26.02.2015.
Virpal Singh son of Shri Inder Singh Yadav, r/o H.No. 1274, Housing Board, Sector-3, Rewari.
…….Complainant.
Versus
- Ansal Housing and Construction Ltd. through its authorized signatory ( Project Ansal town ) At village Piwara, Sector-19, Rewari,
- Ansal Housing & Construction Ltd. through its Managing Director Regd. Office at 15 UGF, Indra Prakash, 21, Bara Khamba Road, 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 J.S.Yadav , 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 was allotted a plot no. C-0072 measuring 315.14 sq. yards by opposite parties in compliance of order dated 8.4.2009 passed by this Forum. It is alleged that the complainant time and again visited the office of the opposite parties but they did not supply the details of payment. The plot in question was to be delivered within six months otherwise the opposite parties were to pay a sum of Rs. 61,500/- to the complainant as interest on late possession. It is prayed by the complainant that after deducting a sum of Rs. 5,20,000/- already paid by him, and also adjusting the interest amount of Rs.61,500/- as mentioned in the complaint, payment plan of the plot be supplied .
2) Opposite parties, on the other hand, in the reply have, however, blamed the complainant that he never visited the office of the opposite parties nor he paid the installments as per the payment plan till now. Since the complainant has not complied with the payment plan, therefore, he is not entitled to any relief.
3) We have heard both the counsel for the parties and gone through the record of the case available on the file thoroughly.
4) For the sake of clarity, it is mentioned that the complainant had earlier filed a consumer complaint before this Forum and vide order dated 8.4.2009 the following order was passed:-
“Keeping in view the statement made by learned counsel for the respondents and the prayer made in the complaint we do not want to adjudicate upon the other aspects of the complaint as the main grievance of the complainant stands redressed. Complainant requires a plot of 315sq. yards (tentative size) whereas the respondents have offered the plot as undertaken vide statement made before us. Compliance of this order be made within 30 days from the date of receipt of the copy of this order”.
5) During the course of arguments , as per record, it clearly emerges out that no cause of action has yet arisen to decide the complaint. The plot in dispute could not be given to the complainant because the opposite parties have not so far supplied the payment plan to the complainant. However, today Shri Ashok Yadav, Advocate for the opposite parties has made a statement that they are ready to supply the payment plan within 15 days. The complainant has also made a statement that he will deposit the remaining amount after deducting the amount paid i.e. Rs. 5,20,000/- within two months after supply of the payment details. In view of the statement given by the parties, opposite party is directed to supply the payment plan of the remaining dues to the complainant within a period of 15 days after the date of receipt of the copy of this order and thereafter the complainant will deposit the same with the opposite parties within a period of two months after deducting Rs. 5,20,000/- already paid by him and after which the opposite parties will hand over the actual physical possession of the plot forthwith. With these observations, the complaint is disposed of accordingly.
Announced
26.02.2015.
President,
Distt. Consumer Disputes
Redressal Forum, Rewari.
Member,
DCDRF,Rewari.
