DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.634/2006
Sh. Fakroo
S/o Sh. Shyam Lal
R/o H.No.51, Okhla Village,
P.O. Jamia Nagar, New Delhi ….Complainant
Versus
Delhi Development Authority
Through its Assistant Director (CE)
Commercial Estate Branch
Vikas Sadan, New Delhi ……Opposite Party
Date of Institution : 02.11.06 Date of Order : 02.07.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
Sh. S. S. Fonia, Member
O R D E R
Briefly stated, the case of the Complainant as gathered from the complaint and his affidavit in evidence is that he was allotted a shop No.23 (UGF) Pocket-III, Sector-B, Vasanj Kunj under the SC Quota and the total value of the shop was Rs.5,58,000/- and he was to be deposited 25% of the total cost and he had deposited a sum of Rs.143125/- on 09.04.1999 through demand draft No.666037 and he was asked to pay the remaining amount in 24 installments of Rs.18548/- each. He submitted a letter dated 20.04.01 to the Dy. Director (CE), DDA Commercial Branch for issuing NOC regarding the said shop on rent to a bank. He deposited Rs.2 lacs with the OP and spent Rs.1,50,000/- for opening the shop. The OP vide letter dated 29.07.04 asked him to deposit the entire installments and to send the copies of three challans to the OP. On 20.12.04, he informed the OP that he had already deposited all the 24 installments with the OP in the October, 2003 and submitted three copies of the challans and requested to issue NOC in his favour. Again on 17.02.05, he had submitted a letter to the OP for issuing the NOC and till date he has not received the same. He sent many letters to the OP and informed he had already deposited the final installments and requested to issue the NOC. On 16.05.05 he submitted a letter to the Dy. Director of OP wherein he had requested the OP to intimate how much amount be had to deposit with the OP for giving the shop on rent. Again on 14.07.05 he submitted a letter to the OP wherein he had asked the OP to intimate where the antenna for ATM machine of HDFC bank may be installed but the OP demanded the documents regarding payment of the installments. On 20.10.05 he submitted letter to the Commissioner (CE) of OP where he had again informed that he had already deposited Rs.25,000/- demanded by the OP for installing ATM Machine of HDFC Bank but despite making all the payments the OP had not given the document of the title of the shop. But OP vide letter dated 28.12.05 informed him that the interest of balance payment of Rs.4452/- and monthly installments of Rs.163176/- total amount of Rs.167628/- was to be deposited by him. On 16.01.06 he had informed the Assistant Director of OP that he had already deposited the entire 24 installments with the OP and after about 2 years how an amount of Rs.167628/- has been shown against him for payment but OP has not replied. On 17.05.06 he received a letter from the OP regarding payment as interest on balance payment of Rs.4452/- and monthly installment of Rs.163176/-, total amount of Rs.167628/- to be deposited. He sent a legal notice on 01.07.06 to the OP regarding withdrawal of the illegal demand of Rs.167628/- and issuing a no dues letter/NOC in his favour. As no reply was received from the OP, he had given the shop on rent to the HDFC Bank in the month of July, 2001 as he had already made all the payments to the OP. It is prayed that the OP be directed to deliver the documents of the shop in question to him so that he may become the absolute owner of it.
OP in the written statement has stated that there is no hiring of services and, hence, Complainant is not a consumer as defined in section 2 (1) (d) of the C.P. Act. The Complainant filled an application under SC/ST category towards the shop/stall and deposited Rs.2,000/- as earnest money vide application No.011985 and he was allotted a shop No.23 (UGF) measuring 14.91 sq. meter (code No.104) CSE in pocket-III, Sector-B, Vasant Kunj, New Delhi vide letter dated 26.03.1999. The provisional demand–cum-allotment letter was issued to him on 26.03.99 to deposit Rs.143125/- towards 25% of reserved price alognwith other charges within 60 days from the date of issue of the letter. The balance 75% premium of the shop was to be deposited in 24 equal monthly installments @ Rs.18548/- each. The first installment was payable after 90 days from the date of demand–cum-allotment letter. The Complainant deposited Rs.143125/- towards 25% vide challan No. 167837 dated 09.04.99. The Complainant furnished the documents on different intervals. He finally submitted the documents on 29.07.99. The possession letter and NOC was issued /given to him on 19.08.99. The Complainant deposited first three installments and thereafter vide application dated 05.02.01 he informed the OP that he could not deposit the further installment due to the amount spent in opening of the shop and requested to intimate the balance amount of installments to be deposited by him. The request of the Complainant was examined by the OP and they informed him vide letter dated 21.03.01 that he has to deposit Rs.333864/- in 18 monthly installments as detailed in the Written Statement. Thereafter the Complainant vide letter dated 11.06.04 submitted the details of all monthly installments. The Complainant did not submit the third copy of challan No. 8035 dated 04.08.03, challan No.8036 dated 1.09.03 and challan No.8037 dated 01.10.03 which were demanded vide letter dated 29.07.04 and the same were furnished by him vide letter dated 11.08.04. On inspection it came to the notice of OP that the Complainant had made unauthorized construction/encroachment in the shop and as such a show cause notice was issued to him on 04.03.05. Complainant vide letter dated 29.07.05 requested to grant the permission to install the ATM on the roof of shop which was examined by the OP. Since the roof right of the shop remains with the OP and one time license fee for 4 sq. mtr. was Rs.20,000/- which could be increased on prorata basis in case of requirement of extra space. In the instant case, the area covered by the Complainant was 4.50 sq. mtr. therefore, an amount of Rs.25,000/- was worked out as amount of license fee on prorata basis which was demanded vide letter dated 07.09.05 on account of one time license fees for installation of ATM charges. The same was deposited by the Complainant vide challan No. 46581 dated 20.09.05. Since the payment of the demanded installments was not deposited on time which was admitted by the Complainant himself, therefore the OP worked out a sum of Rs 167628/- on account of interest on balance payment and monthly installments which was demanded vide their letter dated 28.12.05 & 17.05.06 but the same has not been deposited by the Complainant till date. OP has stated that the Complainant has to deposit the interest on the delayed installments as per the demand–cum-allotment letter. OP has prayed for dismissal of the complaint.
Complainant has filed rejoinder to the written statement of OP.
Complainant has filed his own affidavit in evidence whereas affidavit of Sh. Yashpal Singh, Director (CE) has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the parities and have also gone through the file very carefully.
It is not in dispute that the Complainant was allotted a shop No.23 (UGF) measuring 14.91 sq. meter (code No.104) CSE in pocket-III, Sector-B, Vasant Kunj, vide letter dated 26.03.1999. The provisional demand–cum-allotment letter was issued to him on 26.03.99 to deposit Rs.143125/- towards 25% of reserved price alognwith other charges within 60 days from the date of issue of the letter. The balance 75% premium of the shop was to be deposited in 24 equal monthly installments @ Rs.18548/- each. The first installment was payable after 90 days from the date of demand–cum-allotment letter. The Complainant deposited Rs.143125/- towards 25% vide challan No.167837 dated 09.04.99. The Complainant deposited three installments on time and the other installments were paid by the Complainant but not in time as per the details given by the OP in their written statement. The Complainant requested the OP to issue NOC to give shop on rent to the HDFC Bank and requested for installation of ATM on the roof of the shop. The OP gave permission to the Complainant for installation of ATM on one time license fees amounting to Rs.25,000/- and the same was deposited by the Complainant on 20.09.05.
Firstly, the dispute relates to a shop. It is not the case of the Complainant that he had got allotted the shop for the purpose of earning his livelihood. Moreover, he made unauthorized construction on the roof of the shop in question, let it out to a bank for running an ATM booth after paying Rs.25,000/- to the OP as one time license fee on 20.09.05. It clearly shows that the Complainant has been infact using the shop in question for commercial purpose. Hence, he is not a ‘Consumer’ as defined in Section 2 (1) (d) of the C.P. Act.
Secondly, undisputedly, Complainant had paid 21 installments late. Naturally interest would have accrued on the delayed installments. It was/is the duty of the Complainant to deposit the arrears of interest with the OP. He is in arrears of interest amount. Hence, we hold that he is otherwise also not entitled to any relief. Therefore, we dismiss the complaint with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
(S. S. Fonia) (Naina Bakshi) (N. K. Goel)
Member Member President
Announced on 02.07.16.
