BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI
Consumer Complaint No.329 of 2014
Date of institution: 13.05.2014
Date of Decision: 18.03.2015
Sampuran Singh, resident of House No.299, Sector 51-A, Chandigarh.
……..Complainant
Versus
GMADA, PUDA Bhawan, Sector 62, SAS Nagar, Mohali through its Estate Officer.
………. Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Mrs. Sonia Bansal, Member.
Present: Shri Deep Singh, counsel for the complainant.
Shri G.S. Arshi, counsel for the OP.
(MRS. MADHU P. SINGH, PRESIDENT)
ORDER
The case of the complainant is that he applied with the Opposite Party (for short ‘the OP’) for residential plot measuring 400 sq. yards in ECO City, Phase-1, New Chandigarh (Mullanpur) on 19.10.2011. At that time the complainant deposited Rs.7,60,000/- as earnest money through draft vide receipt Ex.C-2. The complainant had applied for the plot under riot victim category and submitted all the necessary documents. The draw of lot was held on 28.11.2011. Thereafter, the OP vide letter dated 02.12.2011 Ex.C-3 informed the complainant that he is at number one in the waiting. The complainant submitted the required documents vide his letter dated 14.12.2011 Ex.C-4. Thereafter the complainant visited the OP on number of times for allotment of the plot and even sent communications Ex.C-9 to C-14 but the OP did not bother to inform the complainant about the status of allotment of the plot. The OP sent cheque dated 02.04.2013 for Rs.7,60,000/- to the complainant on 05.04.2013 without any forwarding letter. On receipt of this cheque under protest, the complainant sent letter dated 05.04.2013 to the OP. The complainant came to know from the information sought under RTI that no cancellation or surrender has taken place and LOI has been issued but detail of the LOI has not been provided. As per Clause 5 and 6 of the brochure no claim whatsoever shall be entertained later and the applications for which supporting documents are not received in time will be rejected and next in the waiting list will be allotted the plot. The complainant got served legal notice dated 28.01.2014 Ex.C-21 to the OP for allotment of the plot or pay him interest on the refunded amount but the OP has neither replied the said notice nor paid any interest.
With these allegations, the complainant has sought directions to the OP to pay him Rs.2,05,200/- interest @ 18% per annum on Rs.7,60,000/- from 19.10.2011 till 02.04.2013; Rs.2,00,000/- for mental agony and harassment and Rs.33,000/- as costs of litigation.
2. The OP in the written statement has pleaded that the complainant vide letters dated 05.04.2013, 27.03.2013, 15.12.2012 and 22.08.2012 consented to retain his application and earnest money for 6 months after the draw in case his name figured in the waiting list. The successful applicants in the draw of plots were required to submit documents by 02.01.2012. However, many applicants have not submitted the requisite documents within the stipulated time and as such their applications were cancelled. These applicants had gone to the Hon’ble Punjab and Haryana High Court and obtained the status quo order. The Hon’ble High Court ordered to give another opportunity for completion of formalities to the successful applicants in the draw. It was further ordered to issue them letter of intent upon deposit of 30% amount and the OP was held entitled to 12% interest from these applicants for delay in deposit of the amount from March, 2012 till receipt of payment. The applicants were given another six months from 25.09.2012 for compliance of the order of the Hon’ble High Court which expired on 25.03.2013. The extension in time was given by the OP in the meeting held on 22.12.2012. The successful applicants of category R have been issued the letter of intent as neither of them had surrendered the plot nor any plot/application was cancelled. Thus, the complainant was refunded the amount of earnest money. The complainant was supplied the list of successful applicants in the draw of category R. He was also intimated that the applicants in this list have been issued letters of intent and neither any plot/application was cancelled nor any plot was surrendered. The complainant is not entitled to any interest or any plot as he has consented to retain his application and earnest money for 6 months from the draw. He never sought refund either during this period or during the extended period of waiting list. Thus, denying any deficiency in service or unfair trade practice on its part, the OP has sought dismissal of the complaint.
3. Evidence of the complainant consists of his affidavit Ex.CW1/1 and copies of documents Ex C-1 to C-22.
4. Evidence of the OP consists of affidavit of Mahesh Bansal, Estate Officer Ex.OP-1/1 and copies of documents Ex.OP-1 to OP-4.
5. We have heard learned counsel for the parties and gone through the written arguments filed by the complainant.
6. Undisputedly the complainant was in the waiting list at Sr.No.1 in the draw of lots for the plot in the riot victim category in the scheme Eco City floated by the OP. The draw of lot was held on 28.11.2011. The complainant has deposited Rs.7,60,000/- as earnest money with the application. As per brochure Ex.C-1 Clause-3 Page 14 in the event of refund of the earnest money to the waiting list candidate, the OP was required to pay 5.5% interest per annum on the deposited amount for retaining the earnest money beyond 180 days after the last date of application. Admittedly the complainant was in the waiting list and he has not received the refund of his earnest money within 180 days and he has received the refund money on 05.04.2013 through courier vide cheque No.043041 for Rs.7,60,000/- dated 02.04.2013. The said cheque has been received by the complainant under protest as is evident from the contents of Ex.C-16 dated 05.04.2013. The complainant has sought interest on the refunded amount @ 5.5% per annum beyond the period of 180 days from the date of application and also his right to allotment of the plot. Since the OP has failed to redress his grievance as raised in Ex.C-16 he has filed the present complaint alleging deficiency in service on the part of the OP.
7. As per the OP, the complainant is not entitled to any interest on the refunded amount on the ground that admittedly the refund is beyond 180 days and there is delay of 11 months. However, the said delay is not imputable to the OP as the matter of successful allottees was under challenge before the Hon’ble Punjab and Haryana High Court in CWP No.4625 of 2012. In pursuance of the orders passed by the Hon’ble High Court in the said writ petition, a High Level Committee meeting under the Chairmanship of Chief Minister of Punjab –cum- Chairman was held on 22.12.2012 to consider the whole issue of refund of earnest money of the waiting list candidate. The minutes of the meeting were released to the OP on 9.01.2013 Ex.OP-1 and thereafter the process was initiated to release the earnest money of waiting list candidates. Thus, there is no willful delay on the part of the OP for issuing the refund cheque to the complainant.
8. So much so the OP has already provided the information sought by the complainant under RTI Act by giving details of allotment of plots in respect of successful candidates falling in the riot victim/terrorist victim category. In the absence of any surrender or cancellation of the plot of the successful candidates, the waiting list category cannot be considered. We are in full agreement with this contention of counsel for the OP and do not find any irregularity or illegality in the act of the OP.
9. Therefore, the complaint being devoid of any merit is hereby dismissed with no order as to costs. Certified copies of orders be sent to the parties free of costs and thereafter the file be consigned to the record room.
Pronounced.
March 18, 2015.
(Mrs. Madhu P. Singh)
President
(Mrs. Sonia Bansal)
Member
