DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT
Complaint No. : 150
Date of Institution: 21.10.2015
Date of Decision : 24.02.2016
Balwinder Kumar s/o Nand Lal, r/o Street No. 4-L, Dogar Basti Faridkot.
.......Complainant
Versus
Estate Officer, Punjab Urban Planning and Development Authority, PUDA Bathinda.
....Opposite party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
Quorum: Sh. Ajit Aggarwal, President,
Smt. Parampal Kaur, Member,
Sh. P. Singla, Member.
Present: Sh. Ranjit Singh, Ld Counsel for complainant,
Sh. Vinod Monga, Ld Counsel for OP.
(Ajit Aggarwal, President)
Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs seeking directions to OP to refund the amount of Rs 1,93,492/- alongwith interest and to pay Rs 1,00,000/- as compensation for mental agony and harassment and financial loss to complainant besides litigation expenses of Rs 10,000/-.
2 Briefly stated, the case of the complainant is that OPs allotted a residential plot bearing no. 4, measuring 200sq yards through auction under OUVGL Scheme vide letter no. 1899 dt 8.12.2010. Before issuance of said letter, complainant deposited Rs 1,56,000/- vide receipt no 51/79 dt 24.08.2010 and Rs 2,34,000/-vide receipt no. 4/41 dt 22.09.2010, but after issuance of letter dt 8.12.2010, no possession of plot was handed over to complainant and no basic facilities like sewerage system, water supply etc were provided at the site. It is contended that complainant again deposited Rs 3,35,400/-vide draft no. 494466 dt 3.09.2012 , which were received vide receipt dt 3687 dt 3.09.2012 and thus, complainant has deposited total of Rs 7,25,400/-with OP, but OP has failed to hand over the possession of said plot to complainant and instead of providing basic facilities to complainant, OP cancelled the allotment of plot on 3.12.2012 and after that failed to refund the amount deposited by complainant with interest. It is contended that complainant received a cheque dt 10.08.2015 for Rs 5,31,908/- alongwith letter dt 14.08.2015, but no detail of refund was supplied to him. Though complainant deposited Rs 7,25,400/-with OPs, but OPs did not return his whole amount alongwith interest to him, which amounts to deficiency in service and trade mal practice on the part of Ops and has caused harassment and financial loss to complainant for which he is entitled for compensation and litigation expenses besides main relief. Hence, the present complaint.
3 The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 30.10.2015, complaint was admitted and notice was ordered to be issued to the opposite party.
4 On receipt of notice, OPs appeared in Forum through Counsel and filed reply taking legal objections that complaint filed by complainant is time barred. It is averred that plot in question was allotted to complainant vide letter no. 1899 dt 8.12.2010 for Rs 15,60,000/- and an amount of Rs 5,88,900/-was due towards complainant, which he did not pay even after several letters to him and when complainant did not deposit the due amount of Rs 5,88,900 to OP despite service of reminder to him, OP cancelled the allotment of plot of complainant u/s 45 (4) of PUDA Act and as per letter alongwith order of forfeiture of 10% of total deposited consideration money and interest and remaining amount of complainant was ordered to be refunded and accordingly complainant was intimated vide endorsement dt 7686-88 dt 7.12.2012. Complainant filed an appeal against the order of Estate Officer to Additional Chief Administrator PUDA, Bathinda on 28.01.2013, in which he submitted that due to sickness, he could not deposit the due amount within stipulated period and then, complainant through his brother gave an undertaking to deposit the due amount uptill 28.02.2013, but till 25.03.2013, complainant failed to deposit the remaining amount and therefore, his appeal was dismissed vide order dt 28.03.2013. It is further averred that there is no deficiency in service on the part of OP. However, on merits Opposite Party has denied all the allegations levelled by complainant being wrong and incorrect and asserted that complainant never approached OP to take possession of said plot. It is asserted that all the amenities like sewerage, water etc are already existing there, but complainant himself failed to pay the remaining purchase price of plot despite repeated reminders of OP to him, and OP was compelled to cancel the allotment of plot vide order dt 3.12.2012 of Estate Officer, PUDA Bathinda and after deducting 10% of total consideration alongwith interest, the balance money was ordered to be refunded to complainant and said cancellation was valid one. It is further averred that complainant even failed to deposit the balance sale price even after giving the undertaking through his brother before ACA, PUDA, Bathinda. Appeal of complainant was dismissed vide order dt 28.03.2013 after providing full opportunity of being heard and to deposit the sale price. Detail of money refunded to complainant was given and it is averred that complainant is not entitled to refund of Rs 7,25,400/- or interest thereon. All the other allegations and allegation with regard to relief sought too were refuted with a prayer that complaint deserves to be dismissed with special costs.
5 Parties were given proper opportunities to prove their respective case. The complainant tendered in evidence his affidavit Ex.C-1 and documents Ex C-2 to C-7 and then, evidence of complainant was closed.
6 In order to rebut the evidence of the complainant, ld Counsel for OPs tendered in evidence affidavit of Gurjant Singh as Ex OP-1, document Ex OP-2 to 10 and then, closed the evidence.
7. We have heard the learned counsel for the parties and have very carefully gone through the affidavits and documents on the file.
8. Ld. Counsel for the complainant argued that OP allotted a residential plot no.4 measuring 200 Sq. Yds. Under OUVGL Scheme SDE residence at Faridkot by auction to complainant vide allotment letter dated 08.12.2010, prior to allotment of plot the complainant deposited Rs.1,56,000/- on 24.08.2010, and Rs.2,34,000/- on 22.09.2010 against duly issued receipts. After the allotment of plot the OP never deliver the possession to complainant and no basic facilities such as sewerage system, water supply provided at site which was required to be provided by the OPs. The complainant again deposited Rs.3,35,400/- with OPs on 03.09.2012 against duly issued receipts. Copy of allotment letter dated 08.12.2010 is Ex C-2 and copy of receipt are Ex C-3 to C-5, as such the complainant deposited total amount of Rs.7,25,400/- with the OP but the OP has failed to hand over the possession of the plot to the complainant and also failed to provide basic facilities at site. Instead of delivering the possession of the plot the OPs illegally cancelled the allotment of plot on 03.12.2012. The copy of letter regarding cancellation of plot is Ex C-6 but after cancellation of plot the OPs did not refund the amount deposited by the complainant along with interest from the date of deposit till its refund. In the month of August 2015 the complainant received a cheque for Rs.5,31,908/- along with letter dated 14.08.2015 from OPs but no detail of refund was supplied to complainant. The complainant deposited total Rs.7,25,400/- and is entitled for this entire amount along with interest from the date of deposit till its refund. After receiving the cheque complainant visited the office of OP and requested to refund the total amount along with interest and also demanded the detail of refund but OP refused to give any detail or refund and also to pay interest on this amount. All these acts of the OP amounting to deficiency in service and unfair trade mal practice have caused harassment and financial loss to the complainant. He prayed that the OP may be directed to pay Rs.1,93,492/- which are illegally deducted by them from the amount Rs.7,25,400/- which was deposited by complainant with them and also to pay interest on this amount from the date of deposit till final realization and also prayed for compensation and litigation expenses.
9. To controvert the arguments of the complainant, the Counsel for the OP argued that the present complaint of the complainant is time barred as the plot in dispute was allotted to the complainant vide allotment letter dated 08.12.2010 and complainant filed the present complaint on 21.10.2015 which is time barred and may be dismissed on this ground. However, he admitted that the OPs allotted a plot of 200 Sq yards @ 7800/- per sq yards for a total price of Rs.15,60,000/- to complainant vide allotment letter dated 08.12.2010, as per terms and conditions specified in the allotment letter. He admitted that the complainant deposited Rs.1,56,000/- on 24.08.2010, Rs.2,34,000/- on 22.09.2010, Rs.3,35,400/- on 03.09.2012 with OP against duly issued receipts. He argued that the complainant failed to pay the instalment of the plot on time and was defaulter of the OP Rs.5,88,900/- were due towards complainant out of the instalment of the plot on 31.03.2012 but the complainant failed to deposit the same. The OP served notice upon the complainant vide letters dated 28.05.2012, 13.07.2012 and 21.08.2012 and he was requested to deposit the said amount and was asked to explain the reason as to why his allotment may not be cancelled on account of non payment of due price and he was requested to attend the office of OP but despite the receipts of these notices complainant did not deposit this amount. The copy of notices are Ex OP-5 to Ex OP-7. Vide order dated 03.12.2012 OP cancelled the allotment of plot of the complainant as per Provision of Section 45 (4) of PUDA Act and as per condition no.7 (viii) of allotment letter along with order of forfeiture of 10% of total deposited consideration money and interest and other expenses and remaining amount of the complainant was ordered to be refunded. This fact was duly intimated to him vide letter dated 07.12.2012. Copy of the same is Ex C-6 and Ex OP-8. Against this order of the OP, complainant filed an appeal before Additional Chief Administrator PUDA, Bathinda in which he submitted that he remained unwell and could not deposit the due instalment within stipulated period and complainant through his brother Parvesh Kumar in writing gave undertaking to deposit the due amount up to 28.02.2013 but up to 25.03.2013, the complainant failed to deposit the defaulting amount so his appeal was also dismissed vide order dated 25.03.2013. Copy of statement of Parvesh Kumar brother of the complainant is Ex Op-4 and copy of the order dated 25.03.2013 passed by Additional Chief Administrator, PUDA, Bathinda is Ex OP-10. It is wrong that the OPs did not ready to deliver the possession of the plot or the basic facilities were not available on the site, rather the complainant did not come to take possession. All the basic facilities were providing on the site within time. It is only the complainant who failed to deposit the sale consideration of the plot in dispute in time and due to this reason the OP cancelled the allotment of his plot and order to refund the amount deposited by him, after deducting 10% of the total consideration along with interest and other expenses, the cancellation of the plot is valid one as the complainant failed to deposit the balance sale price despite undertaking given by complainant through his brother before ACA, PUDA, Bathinda. The OP correctly refunded the amount of Rs.5,31,908/- after deducting 10% of total sale consideration, interest and other expenses, as per terms and conditions of the allotment. It is wrong that complainant is entitled for refund of the entire amount of Rs.7,25,000/-deposited by him with OP and interest thereon. The OP correctly deducted the amount out of the amount deposited by the complainant with them and refunded the remaining amount to him. The complainant is not entitled to any interest on this amount. Now nothing is due towards the OP regarding the amount deposited by the complainant with them as price of the plot. There is no deficiency in service and unfair trade practice on the part of the OP. The complainant never suffered any tension, harassment and financial loss. He is not entitled to any refund or compensation from the OP. He filed false and frivolous complaint against the OPs, the present complaint may be dismissed with cost.
10. We have heard the arguments of both the parties and also gone through the pleadings and evidence led by both the parties. The case of the complainant is that he was got allotted residential plot in auction by OPs for total sale consideration of Rs.15,60,000/-and he deposited Rs.7,25,400/-towards sale consideration of the said plot with OP on different dates against duly issued receipts but OP did not deliver the possession of the plot and provide basic amenities on the site. The OP cancelled his allotment on 03.12.2012 but they did not refund the amount which was deposited by him as sale consideration to them along with interest from the date of deposit. He received a cheque dated 10.08.2015 amounting to Rs.5,31,908/- from OP as refund of money deposited by him as sale price of plot. The OP illegally and wrongly deducted the amount from the amount deposited by him. He is entitled to refund of amount 7,25,400/- which is deposited by him along with interest from the date of deposit. In reply OPs admitted that they allotted plot to complainant vide allotment letter dated 08.12.2010 for total price of Rs.15,60,000/-. They further admitted that the complainant deposited Rs. 7,25,400/- to them on different dates. They argued that complainant failed to deposit the instalment of plot in dispute on time and was defaulter of the OP. Rs.5,88,900/- were due towards him due of the price of plot in dispute as on 31.03.2012, they issued several notices to the complainant requesting him to deposit the said amount but he failed to deposit this amount with them and to regularise to account. Due to non-payment of price his allotment of plot was cancelled on 03.12.2012 and order to refund the amount deposited by him, after deducting the 10% of total sale consideration money as per Rules of the OP and he further argued that against this order the complainant filed an appeal before Additional Chief Administrator, Bathinda and made undertaking that he will deposit the defaulting amount up to 28.02.2013 but he failed to deposit the amount despite this undertaking, so his appeal was also dismissed and now OP refunded the amount deposited by him as price of plot after deducting 10 % total sale consideration and other expenses, as per terms and conditions of the allotment letter, they calculated the refund amount correctly and nothing is due towards them.
11. We have thoroughly gone through the file and evidence led by both the parties in the allotment letter dated 08.12.2010 Ex C-2 and OP-3 in the terms and conditions Sr. No.7 ( viii) it is clearly mentioned that in case of any breach of any conditions of allotment or of regulations or non payment of any payment of any amount due together with the penalty, the plot or building as the case may be shall be liable to be resumed and in that case an amount no exceeding 10% of the total amount of consideration, money, interest and other fees payable in respect of plot shall be forfeited as per the provision of Section 45 (3) of the Punjab Regional and Town Planning and Development Act,1995.
From the evidence produced by the OP it is very much clear that complainant failed to deposit the instalment of the plot in dispute on time and his allotment was cancelled by the OPs on 03.12.2012, further complainant filed an appeal against the order dated 03.12.2012 before Additional Chief Administrator, PUDA, Bathinda and despite giving undertaking to make payment of the balance instalments, he failed to deposit that amount with OPs and his appeal was also dismissed, so in these circumstances we are in the considered opinion that complainant is not entitled to get refund of entire amount of Rs.7,25,400/-which was deposited by him with the OPs as part price of plot and the OP correctly deducted the amount of Rs.1,93,492/- out of it on account of 10% of total sale consideration of plot interest and other expenses as per Rules and regulations and condition of allotment letter. However, on the other hand the OPs cancelled the allotment of the plot of complainant on 03.12.2012 due to non payment of the price of the plot as stipulated and vide this letter it was ordered that the amount deposited by the allottee shall be refunded to him after deduction of 10% of total sale consideration plus interest and other expenses but despite this order the OPs failed to refund this amount to complainant within time and they made payment of this amount to complainant only on 14.08.2015 the Ops wrongly retained this amount with them for such a long period. The act of the OPs to retain this amount with them amounts to deficiency in service and trade mal practice. The complainant was entitled to get refund of this amount immediately after when his allotment was cancelled by OPs on 03.12.2012.
11 In the light of above discussion, the present complaint is hereby partly allowed. The Ops are ordered to pay interest on the amount of Rs.5,31,908/- @ 9% PA from 03.12.2012 till its payment i.e. 14.08.2015 on account of delayed payment. The OPs are directed to make payment of this interest amount to complainant within 45 days from the receipt of copy of this order. In case of failure the Ops are directed to pay interest @ 9% PA on the amount of interest so calculated from 14.08.2015 to till its final realization failing which complainant shall be entitled to initiate proceedings under Section 25 and 27 of Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room.
Announced in Open Forum
Dated : 24.02.2016
Member Member President (P Singla) (Parampal Kaur) (Ajit Aggarwal)
