Punjab

Ludhiana

CC/16/333

Anita Gupta - Complainant(s)

Versus

GLADA - Opp.Party(s)

Darbari Lal Adv.

01 Jun 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.  

Consumer Complaint No. : 333 of 03.05.2016                Date of Decision            :   01.06.2017

Ms.Anita Gupta, r/o 144-Green Park, Civil Lines, Ludhiana-141001. (Punjab).

….. Complainant

Versus

1.Greater Ludhiana Area Development Authority(GLADA), Near Raj Guru Nagar, Ferozepur Road, Ludhiana(Punjab).                                                                     2.The Chief Administrator, Greater Ludhiana Area Development Authority(GLADA), Near Raj Guru Nagar, Feroze Gandhi Market, Ludhiana.(Punjab).                                                                                        3.The Estate Officer, Greater Ludhiana Area Development Authority(GLADA), Near  Raj Guru Nagar, Feroze Gandhi Market, Ludhiana.(Punjab).

…Opposite parties

 

          (Complaint U/s 12 of the Consumer Protection Act, 1986) 

QUORUM:

SH.G.K.DHIR, PRESIDENT                                                                    SH.PARAM JIT SINGH BEWLI, MEMBER

COUNSEL FOR THE PARTIES:

For complainant            :         Sh.Satish Kumar Gupta, Advocate                                       For OPs                      :         Ms.Harsimrat Kaur, Advocate

PER G.K DHIR, PRESIDENT

1.                Complainant applied for allotment of 3BR(14 storey) premium apartments in Sector 40, Ludhiana under self financing scheme on 22.8.2014 vide application No.1981/22.8.2014, which was acknowledged at Sr. No.52 along with application money of Rs.75,000/- in the shape of Banker's cheque bearing No.099468 dated 22.8.2014 drawn on HDFC Bank, Ludhiana. The scheme was floated by GLADA after publication in Tribune (Jalandhar Edition) of date 19.8.2014. Tentative dates and events of the said scheme were as under:-

i)Scheme opens on                                                                  10.07.2014

ii)Scheme closes on                                                                 25.08.2014

iii)Objections/Corrections to be initiated by GLADA upto     15.09.2014

iv)Draw of lots in GLADA Office, Ludhiana on                     30.09.2014

v)Publication of result of draw(or Notice for Postponement)  05.10.2014

   In Indian Express(Delhi and Punjab Editions), Punjab Kesari

  (Delhi and Punjab Editions), Rozana Ajit and Website up to

vi)Submission of documents by those successful in the draw 15.10.2014

   of lots and those appearing in waiting list by

vii)LOI to be dispatched by GLADA by                                 15.11.2014

viii)1st installment to be deposited by                                              31.12.2014

ix) Bhoomi Pujan by GLADA on                                            01.01.2015

As per those terms, earnest money of all unsuccessful applicants will be refunded (without interest) within 90 days of final draw except in case of any factors beyond control of GLADA. GLADA abandoned the said scheme at their own. There was no occasion for the successful or unsuccessful applicants to apply for because the scheme was dropped by the GLADA authorities themselves. After dropping of the scheme, GLADA authorities were under an obligation to refund the deposited money. Complainant after long date sent letter dated 30.12.2014 along with enclosures for calling upon the GLADA officials to refund the application money. That letter along with enclosures was received by the OPs. In first week of February 2015, the complainant received letter dated 6.2.2015 from the Accounts Officer for getting information that after deductions of 2% of the deposited amount, balance amount approved to be refunded by the GLADA authorities. So, complainant got a refund of Rs.73,500/- after deduction of 2% of the deposited amount of Rs.75,000/- through cheque No.627722 dated 4.2.2015 drawn on Punjab National Bank, Ferozepur Road, Ludhiana. Though, the said cheque was of date 4.2.2015, but the same was delivered on 13.3.2015 after dispatch thereof on 12.3.2015. It is claimed that GLADA authorities deliberately delayed the payment by 37 days. For this delayed payment, interest is claimed. By pleading deficiency in service on the part of OPs and after serving legal notice through registered post, this complaint filed for claiming following reliefs:-

i)Interest on earnest money of Rs.75,000/-, which was deposited on 22.8.2014 in the shape of banker's cheque No.099468 dated 22.8.2014 drawn on HDFC Bank, Ludhiana till the refund of Rs.73,500/- granted by the GLADA vide cheque No.627722 dated 4.2.2015 delivered on 13.3.2015.

ii)Refund of Rs.1500/-, which was deducted @2% from the earnest money of Rs.75,000/- along with up to date interest.

iii) Compensation for mental agony, tension, financial loss, personal reputation loss and loss of working hours while visiting the GLADA office number of times along with appropriate relief as may be deemed fit.

2.                Ops filed their joint written statement for claiming interalia as if complaint is not maintainable in the present form; complainant estopped by her act and conduct from filing the complaint; complainant has no locus standi to file the complaint and moreover, owing to suppression of material facts by the complainant, complaint is not maintainable. It is claimed that demand survey for allotment of 2BR/3BR(14 storey) premium apartments in Sector 40, Ludhiana was conducted. Ops received only 129 applications and that is why, the demand survey was withdrawn by the Ops on 15.01.2015. Complainant filed an application for refund of earnest money on 30.12.2014 i.e. much before the withdrawal of the scheme. It is clearly mentioned in the application form in the column of eligibility that earnest money shall be refunded on request with 2% deduction before the date of draw. Ops refunded the full earnest money to 94 applicants, who claimed after the withdrawal of scheme. The deduction from the refunded amount was done as per the terms and conditions of the scheme. Those terms and conditions were disclosed to the complainant at the time of filing of the applications. Each and every other averment of the complaint denied.

3.                Complainant to prove her case tendered in evidence her affidavit Ex.CA along with documents Ex.C1 to Ex. C27 through counsel and thereafter, closed the evidence.

4.                On the other hand, counsel for OPs tendered in evidence affidavit Ex.RW/1 of Sh.Baljit Singh Ahluwalia, Estate Officer of GLADA along with documents Ex.R1 to Ex.R3 and then closed the evidence.

5.                Synopsis of written arguments submitted by the complainant, but not by Ops. Oral arguments of complainant and of counsel for Ops heard. Record carefully gone through.

6.                Undisputedly, the complainant applied for allotment of apartment by filing application form Ex.C12 and depositing amount of Rs.75,000/- through cheque Ex.C13, which was acknowledged by OPs on 22.8.2014 through acknowledgement Ex.C14. This application form was submitted by the complainant in response to the demand survey scheme published by Ops in brochure Ex.R3 and copies of which are produced on record as Ex.C1 to Ex.C11 by the complainant. So, dispute regarding the terms and conditions of the allotment of apartment or of refund of deposited amount has to be adjudged by keeping in view the terms contained in brochure Ex.R3=Ex.C1 to Ex.C11.

7.                Scheme was to close on 25.8.2014 and amount was deposited by the complainant with Ops before that i.e. on 22.8.2014 as per acknowledgement Ex.C14. Draw of lots was to take place on 30.9.2014 as per details of tentative dates and events published in Ex.R3 as well as in Ex.C2. After draw of lots in GLADA office, Ludhiana on 30.9.2014, result of draw was to be published through newspapers on 5.10.2014. No individual intimation to be sent is also a condition mentioned in Ex.R3=Ex.C2. So, it is obvious that virtually the draw of lots of the apartment was to come in the knowledge of the complainant as well as other applying applicants on 5.10.2014 and not before that. Submission of documents by the successful applicants in the draw of lots was to take place by 15.10.2014. However, the scheme in question rescinded or abandoned, due to insufficient response by preparing office noting Ex.R1 of date 31.12.2014. It is different matter that approval of abandonment of this scheme was granted on 15.1.2015. Before 15.1.2015, noting of dates 31.12.2014, 01.01.2015 and 9.1.2015 were incorporated. So, from the contents of Ex.R1, it is made out that actually abandonment of the scheme contemplated before 31.12.2014 and that is why office noting in that respect was prepared on 31.12.2014 itself. Refund of Rs.75,000/- to 94 applicants ordered on 25.2.2015 as revealed by contents of Ex.R2. If refund of Rs.75,000/- to these 94 applicants ordered, then why refund of Rs.73,500/- to the complainant made, despite the fact that she is placed in similar situation virtually in which those 94 applicants were placed.

8.                As per Ex.C2 and Ex.R3 earnest money of all unsuccessful applicants to be refunded without interest within 90 days of final draw. That final draw virtually took place on 30.9.2014 as per contents of Ex.R3. If the final draw was to take place on 30.9.2014, then publication of result on 5.10.2014 is of no consequence in matter of refund. However, complainant applied for refund of the deposited amount of Rs.75,000/- by writing letter Ex.C15 on 30.12.2014 and as such, certainly complainant applied for refund after final publication of result of draw of lots. Being so, complainant being unsuccessful applicant, entitled for the refund of the entire deposited amount of Rs.75,000/-, but without interest because she applied for the refund on 90th day of final draw of lots, which actually to take place on 30.9.2014 as per tentative dates and events published in Ex.R3. As the full deposited amount of Rs.75,000/- not refunded, but order for refund of Rs.73,500/- alone passed as revealed by contents of Ex.C17 and as such, certainly withholding of amount of Rs.1500/- is against the terms and conditions contained in brochures Ex.R3=Ex.C2.

9.                If the refund of Rs.73,500/- ordered on 6.2.2015 through order Ex.C17, then why cheque dated 4.2.2015 prepared in this respect was dispatched to the complainant on 9.3.2015 through memo No.1062 as disclosed by contents of Ex.C19 qua  that no explanation offered. That cheque as per claim of the complainant received by her on 13.3.2015 and as such, virtually amount of Rs.73,500/- even withheld from the complainant improperly for period from 7.2.2015 to 13.3.2015. So, complainant entitled to interest @8% on this illegal withheld amount of Rs.73,500/- w.e.f.7.2.2015 to 13.3.2015. Even deduction of Rs.1500/- illegally done against the terms and conditions contained in brochure Ex.R3 and as such Ops must refund this withheld amount of Rs.1500/- within 30 days from the date of receipt of copy of this order along with interest @8% per annum on this amount of Rs.1500/- w.e.f.7.2.2015 till payment. As complainant suffered mental harassment and agony and even has to bear expenses on litigation and as such, complainant entitled to compensation and litigation expenses also.

10.              As a sequel of above discussion, complaint allowed by grant of following reliefs:-

i)Ops will pay interest on the amount of Rs.73,500/-(the already refunded amount) @8% per annum w.e.f.7.2.2015 to 13.3.2015 only.

ii)Ops will refund the withheld amount of Rs.1500/- within 30 days from the date of receipt of copy of this order along with interest @8% per annum on this amount of Rs.1500/- w.e.f. 7.2.2015 till payment.

iii)Compensation for mental harassment and agony of Rs.2000/- and litigation expenses of Rs.2000/- more allowed in favour of the complainant and against Ops.

Payment of these amounts be made within 30 days from the date of receipt of copy of this order. Copies of order be supplied to parties free of costs as per rules.

11.              File be indexed and consigned to record room.

 

 

                                       (Param Jit Singh Bewli)                    (G.K. Dhir)

                                       Member                                            President

Announced in Open Forum.

Dated:01.06.2017.

Gurpreet Sharma.