DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

C.C. No. 433 of 04-10-2013

Decided on 24-01-2014

1.Jawahar Lal S/o Dwarka Dass S/o Girdhari Lal

2.Manoj Kumar S/o Jawahar Lal S/o Dwarka Dass

Both R/o House No.5155, St.No.5, Nai Basti, Bathinda.

........Complainants

Versus

Bathinda Development Authority, Bhagu Road, Bathinda, through its Executive Officer/Estate Officer.

.......Opposite party

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt.Vikramjit Kaur Soni, President.

Smt.Sukhwinder Kaur, Member.

Sh.Jarnail Singh, Member.

Present:-

For the Complainants: Sh.Ashok Gupta, counsel for the complainants.

For Opposite party: Sh.N.P Singh, counsel for the opposite party.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The instant complaint has been filed by the complainants under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the opposite party floated a residential scheme in Phase 4 and 5 for which the applications have been demanded from the general public for the allotment of the plots for the residential purposes. The opposite party apprised the complainants that husband, wife and children above 18 years can apply separately and public draw of all the application would be held at Community Centre, Phase 3, Bathinda. The opposite party disclosed the consumers/applicants that the amount obtained from them would be kept in the shape of FDR and in case the earnest money would be retained by it beyond 180 days, the interest would be paid to them as given by the bank in the shape of FDR and further disclosed the complainants that the rates of the plots of 200 Sq. yards would be Rs.12,000/-. The application form accompanied by 30% of the tentative price was to be deposited with the State Bank of India branches, Bathinda, Gidderbaha and its other branches. The complainants applied for two plots of 200 Sq. yards under the abovesaid scheme. Jawahar Lal, the complainant No.1 has deposited the amount of Rs.2,40,000/- in the account bearing No.32042587387 and Manoj Kumar, the complainant No.2 has deposited the similar amount in the account bearing No.32042471327 with the opposite party on dated 21.11.2011 in the State Bank of Patiala branch. The opposite party assured the complainants that they would pay the interest to them as given by the bank on the deposited amount. The bank has given the interest @ 10.35% to the opposite party. As per the account statement supplied by the bank, the opposite party paid the amount of Rs.10,687/- to the complainant No.1 and Rs.12,302/- to the complainant No.2 and retained the remaining interest amount of Rs.21,906/- + Rs.23,521/-=Rs.45,521/- which was to be paid to the complainants for which they are entitled to. Both the complainants are father and son residing in the same house, have their accounts in the same bank, applied for the plots and deposited the amount on the same day. The MOD balance in the account of the complainants has been maintained on asking of the opposite party. The opposite party kept the amount with the different banks in the shape of FDRs and collected the interest @ 11% per annum and earned more than Rs.17 crores, but the opposite party paid the interest to the complainants at a very low rate. Hence the present complaint filed by the complainants to seek the directions of this Forum to the opposite party to pay the balance interest amount of Rs.45,521/- alongwith interest, cost and compensation.

2. The opposite party after appearing before this Forum has filed its written statement and pleaded that the complainants are bound by the terms and conditions of the brochure/application form of the abovesaid scheme. The opposite party denied that it disclosed the consumers or complainants that the amount would be kept in the shape of FDR and interest would be paid to the consumers as given by the bank in the shape of FDR. It is clearly stated in the terms and conditions of the brochure that interest @ 5.5% per annum shall be paid for the period earnest money is retained by BDA beyond 180 days after the last date for application i.e. 21.11.2011. As per the terms and conditions of the brochure of the abovesaid scheme the tentative rate of 200 Sq. yards plot has been fixed to the tune of Rs.12,000/- per Sq. yard and the application form should be accompanied by the earnest money i.e. 10% of the tentative price of the plot. The list of designated banks for sale and receipt of application forms for the allotment of the plots in BDA Enclave, Bathinda has also been published in the brochure of the abovesaid scheme. State Bank of India, Gidderbaha is not a designated bank in the list of the brochure of the abovesaid scheme.

3. The parties have led their evidence in support of their respective pleadings.

4. Arguments heard. The record alongwith written submissions submitted by the parties perused.

5. Admittedly, Jawahar Lal, the complainant No.1 has deposited the amount of Rs.2,40,000/- in the account bearing No.32042587387 and Manoj Kumar, the complainant No.2 has deposited the similar amount in the account bearing No.32042471327 with the opposite party on dated 21.11.2011 in the State Bank of Patiala branch.

6. The submission of the complainants is that the bank has given the interest @ 10.35% to the opposite party. As per the account statement supplied by the bank, the opposite party has paid the amount of Rs.10,687/- to the complainant No.1 and Rs.12,302/- to the complainant No.2 and retained the remaining interest amount of Rs.21,906/- + Rs.23,521/-= Rs.45,521/- which was to be paid to the complainants for which they are entitled to.

7. On the other hand the submission of the opposite party is that the complainants are bound by the terms and conditions of the brochure/application form of the abovesaid scheme. In the terms and conditions of the brochure it has been specifically mentioned that interest @ 5.5% per annum shall be paid for the period earnest money is retained by BDA beyond 180 days after the last date for application i.e. 21.11.2011. As per the terms and conditions of the brochure of the abovesaid scheme the application form should be accompanied by the earnest money i.e. 10% of the tentative price of the plot. The list of designated banks for sale and receipt of application forms for the allotment of the plots in BDA Enclave, Bathinda has also been published in the brochure of the abovesaid scheme. The opposite party has already paid the interest amount to the complainants as per the terms and conditions of the brochure of the abovesaid scheme.

8. A perusal of Condition No.3 of pricing and earnest money to be paid with the application, Ex.OP1/1, shows that interest @ 5.5% per annum shall be paid for the period earnest money is retained by BDA beyond 180 days after the last date of application, including those who opt to retain themselves in the waiting list'. As per this condition the opposite party has paid the interest amount of Rs.10,687/- to the complainant No.1 and Rs.12,302/- to the complainant No.2 with interest @ 5.5% p.a. beyond 180 days.

9. Thus in view of what has been discussed above we are of the considered opinion that as per the terms and conditions of the brochure of the above said scheme, the amount has already been refunded to the complainants, thus we find no deficiency in service on the part of the opposite party. Hence this complaint fails and is hereby dismissed without any order as to cost.

10. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum:-

24-01-2014

(Vikramjit Kaur Soni)

President

(Sukhwinder Kaur)

Member

(Jarnail Singh)

Member