Haryana

Karnal

545/2012

Krishna Bhalla W/o Ram Bhalla - Complainant(s)

Versus

Ansal Landmark Townships Pvt. Ltd - Opp.Party(s)

Sudhakar Mittal

16 Mar 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                               Complaint No.545 of 2012

                                                             Date of instt.17.12.2012

                                                              Date of decision:16.03.2017

 

Krishna Bhalla w/o Shri Ram Bhalla, resident of 6292/C/6,Vasant Kunj, New Delhi, now residing at 25-R, Model Town-II, Rewari.

 

                                                                         ……..Complainant.

                                      Vs.   

1. The Director, Ansal Landmark Townships (Pvt) Ltd. 112, Ansal Bhawan, 16-Kasturba Gandhi Marg, New Delhi-110001.

2. The Manager, Ansal Landmark Townships (P) Ltd., Sector-4, Karnal

 

 

                                                                                  ………… Opposite Parties.

 

                     Complaint u/s 12  of the Consumer Protection Act.

 

Before                   Sh.K.C.Sharma……….President.

                   Sh.Anil Sharma…….Member.

 

Present:-      Sh. Subodh Gupta Advocate for the complainant.

                    Sh.Ashok Rathi Advocate for opposite parties.

                  

                  

 ORDER:

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer protection Act 1986, on the averments that she booked a residential plot in Sushant City, Karnal and paid an amount of Rs.3,25,000/- vide cheque no.614076 dated 07.11.2005 drawn on State Bank of India. The said cheque was got encashed and a receipt no.3478 was issued on 27.12.2005 and customer code was also given as 805/K0041. Since the deposit of the said amount, opposite party no.1 neither allotted the plot to her nor made the refund of the amount deposited by her.  It has come to her notice that initially plot was allotted in her name, but lateron when the price of the plot had gone up, the same was sold by the opposite parties to someone else on higher amount. Opposite parties neither intimated her regarding the allotment of the plot nor issued allotment letter in her favour. The opposite parties failed to tell her about the allotment of plot in her name or regarding status of the payment made by her in the year 2005. It has further been pleaded that after receipt of amount of Rs.3,25,000/- the opposite parties never made any correspondence with her. Whenever she approached the office of opposite party in Karnal she was assured that the allotment of the plot would be duly intimated and the agreement to that effect would be executed after development of the site. In the year 2007 she shifted to Rewari and handed over the copy of her ration card and got noted the fresh address to the opposite parties, for correspondence. However, no allotment letter of the plot was issued to her despite repeated requests and reminders. Ultimately, she sent letter dated 7.8.2012 through registered post, but to no effect. In this way, the opposite parties adopted unfair trade practice and there was deficiency in service on their part, due to which she suffered mental pain, agony and harassment.

2.                Notice of the complaint was given to opposite parties. Objections have been raised that the complaint is not maintainable in the present forum; that the complainant has no locus standi and cause of action to file the complaint; that the complainant has not approached this forum with clean hands; that this forum has no jurisdiction to entertain and decide the complaint; that the complaint is time barred and that the complaint is false and frivolous.

                   On merits, it has been submitted that the plot no.D-3070 was allotted to the complainant on 15.03.2008 and receipt regarding adjustment of booking amount of Rs.3,25,000/- deposited by the complainant was issued to her on 9.4.2008. Thereafter, many call notices, remainders and letters were issued to the complainant to deposit the outstanding amount, but the complainant failed to deposit the same. The contact details initially provided to the opposite parties continued in the record of opposite parties, therefore, the opposite parties continued to send the letters to the complainant, at the same address. The notice regarding cancellation of plot was sent to the complainant on 22.3.2010 and she was requested to deposit the demanded amount within three days of the receipt of the notice. It was specifically mentioned that in case of failure of the complainant to deposit the amount the allotment shall stand automatically cancelled and the company would be free to deal with the property in any manner deemed fit, but the complainant failed to deposit the demanded amount. Thereafter, allotment of the plot was cancelled and plot was re-allotted to Manjeet Singh on 17.8.2010. The other allegations made in the complaint have been specifically denied.

3.                In evidence of the complainant, her affidavit Ex.CW1/A, affidavit of Amit Gandhi Ex.CW2/A and documents Ex.C1 and C2 have been tendered.

5.                On the other hand, in evidence of the opposite parties, affidavit of Dheeraj Malik Ex.RW1/A and documents Ex.R1 to Ex.R39 have been tendered.

6.                We have appraised the evidence on record, the material circumstances of the case and the arguments advanced by the learned counsel for the parties.

7.                Admittedly, the complainant had deposited the booking amount of Rs.3,25,000/- vide cheque dated 07.11.2005 for allotment of plot in the project of opposite party no.1 at Karnal. The complainant has alleged that plot was not allotted to her. However, on the other hand, the opposite parties have submitted that plot no.D-3070 was allotted to the complainant, but she did not pay the installment of the balance sale consideration despite reminders and ultimately the plot was cancelled and re-allotted to another person.

8.                Learned counsel for the complainant contended that neither allotment letter nor any other letter was received by the complainant. In the year 2007 she had shifted to Rewari. Thereafter, she approached the office of opposite parties, informed about her change of address and supplied the copy of her ration card. However, despite having the correct address, the opposite parties did not send any letter to her on the said address of Rewari. When she did not hear anything from the opposite parties, she sent registered letter dated 7.8.2012. It has further been argued that the opposite parties could not forfeit the booking amount of Rs.3,25,000/-, because neither there was any such condition at the time of booking of the plot nor any agreement with such condition was ever executed, therefore, the complainant is entitled to get refund of the amount deposited by her and not refunding the same by the opposite parties amounted to deficiency in service.

9.                On the other hand, learned counsel for the opposite parties vehemently argued that the plot was allotted to the complainant on 15.3.2008 and receipt regarding adjustment of her booking amount was issued to her on 9.4.2008. Allotment letter, the copy of which is Ex.R38 was sent to the complainant. The balance amount of the installment was payable on or before 1.4.2008, but the complainant did not come forward to pay the balance amount of the plot despite sending reminders. Even notice of cancellation was sent to complainant, wherein it was specifically mentioned that if the outstanding amount was not paid, the booking amount of complainant shall stand forfeited. Therefore, the opposite parties are not liable to refund the booking amount deposited by the complainant.

10.              A perusal of the allotment letter Ex.R38 shows that there was no condition that if the complainant would not deposit the installments regarding sale consideration the booking amount deposited by her would stand forfeited. The opposite party no.1 in the letters and reminders did not mention about such condition. In the notices dated 30.1.2010, 6.3.2010 and 20.3.2010, the copies of which are Ex.R8, Ex.R4 and Ex.R2 respectively, it was specifically mentioned that in case the complainant did not respond to the notice, the opposite parties would have reason to believe that complainant was no longer interested in continuing allotment of the plot and the opposite parties would be left with no other alternative, but to cancel the booking/allotment and forfeit the amount as per the terms of allotment/agreement. This was unilateral condition mentioned by the opposite party no.1 in the notices sent to the complainant at her old address of Delhi, which was disclosed by her at the time of booking. Unilateral condition mentioned in the notices is not binding upon the complainant and the opposite party no.1 has no right to impose such condition unilaterally. Moreover, even in the notices it was mentioned that the amount deposited by the complainant would be forfeited as per terms of allotment/agreement. There is no such condition in the allotment letter. Admittedly, no agreement was executed between the parties. Therefore, under such facts and circumstances, the opposite parties had no right to forfeit the booking amount. Non-refunding the booking amount certainly amounted to deficiency in service on the part of the opposite party no.1. However, this aspect also cannot be ignored that after depositing the booking amount the complainant slept over the matter. The opposite party no.1 had to send letters and reminders and ultimately notices for cancellation. There is oral evidence by way of affidavits of complainant and Amit Gandhi that in the year 2007 change of address was informed to the office of the opposite parties and copy of the ration card were supplied. The opposite parties in the written statement have not specifically denied this fact as well as the factum of registered letter dated 7.8.2012 sent by the complainant.

10.              As a sequel to the foregoing discussion, we partly accept the present complaint and direct the opposite party no.1 to refund the booking amount of Rs.3,25,000/- to the complainant.  We further direct the opposite parties to pay Rs.5500/- to the complainant on account of mental agony and harassment suffered by her and for the litigation expenses. This order shall be complied within 30 days from the receipt of copy of this order. It is made clear if the abovesaid amount is not paid by the opposite parties within stipulated period, then this amount will carry interest @ 9% per annum from the date of announcement of this order till its realization. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 16.03.2017

                                                                                      (K.C.Sharma)

                                                                                         President,

                                                                             District Consumer Disputes

                                                                             Redressal Forum, Karnal.

                             (Anil Sharma)

                               Member