DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.438 of 07-10-2013

Decided on 20-01-2014

Sahib Singh aged about 42 years S/o Gurcharan Singh R/o Ward No.2, St.No.5, Guru Teg Bahadur Nagar, Gidderbaha, Tehsil Gidderbaha, District Sri Muktsar Sahib.

........Complainant

Versus

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

.......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 Complainant: Sh.Sanjeev Gupta, counsel for the complainant.

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

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. This complaint has been filed by the complainant 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 complainant and his wife are owners of the plot No.1053-C, situated in Model Town, Phase 4 & 5, Bathinda, originally allotted by the opposite party to Naved Miyan S/o Mohammad Jan R/o 16, Khirki Upper Kot, Buland Shahar vide allotment letter No.1651 dated 2.5.2011, issued by the Estate Officer, BDA, Bathinda. Later on, the complainant and his wife purchased the plot No.1053-C from Naved Miyan for the residential purpose. As per the terms and conditions of the allotment letter issued by the opposite party, 10% of the total price of the plot in question was to be deposited at the time of its allotment and 15% more of the allotment price was to be deposited within the stipulated period by the allottee. As per Condition No.15 of the allotment letter, it was agreed by the opposite party that the possession of the abovesaid plot shall be handed over to the allottee after the completion of the development work at the site within the period of one year and five months from the date of issuance of the letter of intent. In case for any reason, Bathinda Development Authority is unable to deliver the possession of the plot within the stipulated period, the allottee shall have the right to withdraw from the scheme by moving an application to the Estate Officer. As per the allotment letter, it was specifically agreed by the opposite party that the possession of the abovesaid plot would be handed over to the allottee within the period of one year and five months and after going through the assurance of the opposite party regarding the completion of the development work within the stipulated period, the complainant and his wife have purchased the plot in question from the original allottee, for their residential purpose, the opposite party accepted the same with the same terms and conditions. Accordingly, the opposite party has issued the transfer letter of intent/allocation in the name of the complainant and his wife vide letter No.BDA/BTI/2011/45 dated 10.1.2012 on the same terms and conditions, they have paid the total amount through receipt bearing No.1179 dated 3.11.2011 for Rs.2,73,350/-; receipt No.2253 dated 2.5.2012 for Rs.2,61,800/-; receipt No.4195 dated 31.10.2012 for Rs.2,50,250/- and full and final payment of Rs.7,65,000/- through receipt No.5084 dated 31.1.2013. The said full and final payment of Rs.7,65,000/- has been received by the opposite party on the pretext that it will complete the development works within the period of 6 months from January, 2013 and will handover the possession of the plots to the allottees including the complainant and his wife within the period of 6 months. The opposite party has collected crores of rupees during the last about 18 months from the allottees of the plots in Phase 4 and 5 on the pretext of development work and by alluring them to complete the development work and to handover them the possession of the plots within the period of one year and half month, but however the speed of the development work is very slow and 50% of the total work has yet not been completed by the opposite party at the spot. The opposite party has collected crores of rupees and has not spent even 50% of the total amount for the development of Phase 4 & 5. The complainant and other allottees time and again visited the office of the opposite party and requested it to complete the development work and to deliver the possession of the plots, but to no effect. As such the complainant is suffering from the great mental tension, agony, botheration, harassment besides the financial crises as he has purchased the plot in question for the residential purpose by spending the huge amount. Hence the present complaint filed by the complainant to seek the directions of this Forum to the opposite party to complete the development work within the specific period to be assessed; to handover him the possession of the plot in question and to pay interest from the date of payment deposited by him to the opposite party till the date of delivery of the possession of the plot in question to the complainant and his wife alongwith cost and compensation.

2. The opposite party after appearing before this Forum has filed its written statement and pleaded that as per Conditions No.15 and 16 of letter of intent for allotment, the complainant and his wife have a right to withdraw from the scheme at anytime by moving an application to the Estate Officer, if they are not interested. The opposite party is ready to refund the entire amount deposited by the complainant alongwith 10% simple interest, as per Conditions No.15 & 16. The opposite party admitted the fact that the complainant and his wife have purchased a plot No.1053-C, measuring 175 Sq. yards at Urban Estate Phase 4 & 5 (BDA Enclave) Bathinda from Naved Miyan S/o Mohammad Jan, he has been issued a letter of intent for the allotment of the residential plot vide letter No.1651 dated 2.5.2011 subject to terms and conditions there of. The complainant is bound by the terms and conditions of the said letter of intent for the allotment of the residential plot. The complainant has failed to join the necessary party i.e. Harjeet Kaur, his wife, in his complaint, who is a transferee. No assurance has been given by the opposite party as alleged by the complainant. The complainant has not come to this Forum with clean hands and has concealed the true facts from this Forum. It is clearly mentioned in the Conditions Nos.15 & 16 of the letter of intent for the allotment that in case for any reason, Bathinda Development Authority is unable to deliver the possession of the plot within the stipulated period, the allottee has a right to withdraw from the scheme by moving an application to the Estate Officer and in such case the opposite party will refund the entire amount deposited by the applicant alongwith 10% simple interest. Apart from this, there shall be no other liability of the Authority. The re-letter of intent for the transfer of allotment has been issued to Harjit Kaur and Sahib Singh, the complainant, conditionally vide letter No.47 dated 10.1.2012.

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, the complainant and his wife are owners of the plot No.1053-C, situated in Model Town, Phase 4 & 5, Bathinda, they have purchased the abovesaid plot from Naved Miyan S/o Mohammad Jan vide allotment letter No.1651 dated 2.5.2011, issued by the Estate Officer, BDA, Bathinda. The opposite party has issued the transfer letter of intent in the name of the complainant and his wife vide letter No.BDA/BTI/2011/45 dated 10.1.2012 with the same terms and conditions, the complainant has paid the total amount through receipts bearing No.1179 dated 3.11.2011 for Rs.2,73,350/-; receipt No.2253 dated 2.5.2012 for Rs.2,61,800/-; receipt No.4195 dated 31.10.2012 for Rs.2,50,250/- and full and final payment of Rs.7,65,000/- through receipt No.5084 dated 31.1.2013.

6. The complainant submitted that as per the terms and conditions of the letter of intent issued by the opposite party, 10% of the total price of the plot in question was to be deposited at the time of its allotment and 15% more of the allotment price was to be deposited within the stipulated period by the allottee. As per Condition No.15 of the allotment letter, it was agreed by the opposite party that the possession of the abovesaid plot shall be handed over to the allottee after the completion of the development work at the site within the period of one year and five months from the date of issuance of the intent letter, in case Bathinda Development Authority is unable to deliver the possession of the plot within the stipulated period, the allottee shall have the right to withdraw from the scheme by moving an application to the Estate Officer. The complainant further submitted that the opposite party got deposited the amount of Rs.7,65,000/- as full and final payment on the pretext that it will complete the development works within the period of 6 months from January, 2013 and will handover the possession of the plots to the allottees including the complainant and his wife within the period of 6 months. The opposite party has collected crores of rupees during last about 18 months from the allottees of the plots in Phase 4 and 5 by alluring them to complete the development work and to handover them the possession of the plots within the period of one year and half month, but only 50% of the total work has yet not been completed by the opposite party at the spot. The opposite party out of the total collected amount has not spent even 50% amount for the development purpose. The complainant and his wife many times visited the office of the opposite party and requested it to complete the development work and to handover the possession of the plot in question, but no heed was paid by the opposite party to their requests.

7. On the other hand the submission of the opposite party is that a re-letter of intent for allotment i.e. Ex.OP1/2 has been issued to Harjit Kaur and Sahib Singh, the complainant, conditionally vide letter No.47 dated 10.1.2012. So the complainant is bound by the terms and conditions of the said re-letter of intent for allotment of the plot No.1053-C. As per Condition Nos.15 and 16 of the intent letter for allotment, in case for any reason, the opposite party is unable to deliver the possession of the plot within the stipulated period, the allottee has a right to withdraw from the scheme by moving an application to the Estate Officer and in that case the opposite party will refund the entire amount deposited by the applicant alongwith 10% simple interest. Apart from this, there shall be no other liability of the Authority. For this, the opposite party has referred the Conditions No.15 and 16 of the intent letter vide Ex.OP1/3, the complainant is bound by the said terms and conditions of the said letter of intent for the allotment of the residential plot. The complainant and his wife submitted their affidavits and indemnity bonds for the transfer of the plot for admitting the rules, regulations and polices of the opposite party vide Ex.OP1/4 to Ex.OP1/6, as such the complainant is bound by the contents and terms of the said documents.

8. A perusal of record placed on file shows that a re-letter of intent for allotment, Ex.C1, has been issued to Harjit Kaur and Sahib Singh, the complainant vide letter No.47 dated 10.1.2012. The complainant and his wife have purchased the plot in question from the original allottee Naved Miyan S/o Mohammad Jan vide allotment letter No.1651 dated 2.5.2011, Ex.C2, for residential purpose, the terms and conditions of the same are applicable on the complainant.

9. The main allegation of the complainant is that despite getting deposit the payment by him on various dates i.e. Rs.2,73,350/- vide receipt No.1179 dated 3.11.2011; Rs.2,61,800/- vide receipt No.2253 dated 2.5.2012; Rs.2,50,250/- vide receipt No.4195 dated 31.10.2012 and full and final payment of Rs.7,65,000/- vide receipt No.5084 dated 31.1.2013, the opposite party has not handed over the possession of the plot in question to the complainant and his wife within the period of 6 months. As the complainant has purchased the abovesaid plot from Naved Miyan S/o Mohammad Jan, all the terms and conditions are applicable on him and the opposite party has relied upon the Conditions No.15 and 16. As per the Conditions No.15 & 16:-

“15) The possession of the abovesaid plot shall be handed over to the allottee after completion of development works at the site within the period of 1.5 years from the date of issuance of this letter of intent. In case for any reason, B.D.A is unable to deliver the possession of plot within this stipulated period, the allottee will have a right to withdraw from the scheme by moving an application to the Estate Officer and in such case B.D.A shall refund the entire amount deposited by the applicant alongwith 10% simple interest. Apart from this, there shall be no other liability of the Authority.

16) In case B.D.A is unable to give the possession of the plot due to any reason, the allocation of the plot shall be cancelled and B.D.A shall refund the entire amount deposited by allottee alongwith a simple interest @ 10%. Apart from this, there shall be no other liability of the Authority.”

According to the abovesaid allotment letter, the completion of the development works at the site be completed within the period of 1.5 years from the date of issuance of this letter of intent. In case the opposite party is unable to deliver the possession of plot within this stipulated period, the allottee/complainant and his wife can move an application for the refund of entire amount and can seek the refund @ 10% on simple interest. The complainant has been issued the re-letter of intent for allotment by the opposite party on dated 10.1.2012 i.e. after 7 months of the purchase of the plot in question by the original allottee. A perusal of re-letter of intent for allotment of plot in question, Ex.C1, shows that it has been issued to the complainant on dated 10.1.2012 and as per its own terms and conditions i.e. Condition No.15, the opposite party has to complete the development work within the period of 1.5 years and to handover the possession of the plot in question to the complainant and his wife within the period of 6 months, whereas the period of one year and nine months has already lapsed till institution of the present complaint before this Forum, but the development work has not been completed by the opposite party. Hence the opposite party has violated its own terms and conditions. As the complainant has purchased the abovesaid plot for the residential purpose, he is unable to construct the plot due to the non-development of the work done by the opposite party in the area and not handed over the possession of the plot in question to the complainant. The opposite party has not placed on file any record to prove that the development work has been completed.

10. Thus keeping in view the facts, circumstances and evidence of the complaint we find that there is deficiency in service on the part of the opposite party. Hence this complaint is accepted with Rs.15,000/- as cost and compensation against the opposite party. The opposite party is directed to pay the interest @ 12% per annum on the total amount deposited by the complainant since institution of this complaint till completion of the development work in the area where the plot in question is situated and to hand over the possession of the plot in question to the complainant and his wife.

11. The compliance of this order be done with regard to cost and compensation within 45 days from the date of receipt of the copy of this order.

12. 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:- (Vikramjit Kaur Soni)

20-01-2014 President

(Sukhwinder Kaur) (Jarnail Singh)

Member Member