ORDER      (DR.R.K.DOGRA, PRESIDENT)

          The instant complaint has been filed by proprietor Amit Mittal of   M/s Om Parkash Shyam Sunder u/s 35 of the Consumer Protection Act, 2019 against the opposite parties alleging deficiency in service and unfair trade practice on the part of the opposite parties.

FACTUAL ASPECTS

2.                The brief facts of the present case are that the complainant applied for allotment of a plot measuring 209 Sq. Meters and deposited Rs.4,23,000/- through NEFT dated 20.02.2019. The plot application of the complainant was registered at Sr. No. N2019FEB16075. The respondents were to make the allotment of plots within six months. The complainant also completed all the formalities but the respondents have failed to allot the plot against the above said application of the complainant nor have held any auction for allotment of plots till today. The complainant also moved an application on 30.06.2020 and even sent email on 15.07.2020  regarding allotment of plot or refund of his money but the respondents did not do the needful and even did not give any reply to the application. The complainant also moved an application on CM window but no result has come till today.  Due to this act and conduct of respondents, the complainant has come to this Commission with the prayer to direct the respondents either to allot the plot or to refund the deposited amount of Rs.4,23,000/- along with interest @ 15% per annum from the date of deposit i.e. 20.02.2019 till the date of payment and to pay Rs.50,000/- as compensation along with Rs.22,000/- as litigation expenses.

 3                In reply, respondents submitted that the respondents informed the complainant through speed post vide letter No.1095 dated 20.11.2020 that there is no policy to give interest on the earnest money, however, if the complainant wants to withdraw the application for allotment of plot in Sector-25, Part II, Panipat the application money refund shall be processed after the applicant has withdrawn the application through online mode and complainant was advised to do the needful as per his requirement. The respondents again informed the complainant that neither the complainant has withdrawn the application through online nor any reply has been sent by the complainant to the respondents till date. The complainant was again requested to apply through online but the complainant instead of following the request has filed the present false complaint. It is pertinent to mention here that the complainant was very well aware before applying for plot in question that there is no policy to give interest on the earnest money. Hence, the complainant is not entitled for any relief.

EVIDENCE LED BY COMPLAINANT

4                 In order to prove the allegations of the complaint, the proprietor has filed his sworn affidavit Ex.CW1/A and closed the evidence after tendering the following documents;

EVIDENCE LED BY OPPOSITE PARTIES

5                 Opposite parties in evidence have tendered affidavit of Rishi Kumar Chauhan, Estate Manager, HSIIDC, Panipat as Ex.RW1/A and closed the evidence after tendering the following documents;

6                 After considering the arguments and perusing the whole documents placed on file by both the parties, the following points have been found to be made out:-

1       Whether the complainant is entitled for relief along-with interest and cost.? OPC

2.      Whether the complaint of the complainant is not maintainable in the present form? OPR

STAND TAKEN BY THE COMPLAINANT

7                   The counsel for the complainant has contended that the complainant applied for allotment of a plot measuring 209 Sq. Meters and deposited Rs.4,23,000/- through NEFT dated 20.02.2019. The respondents were to make the allotment of plots within six months. The complainant also completed all the formalities but the respondents have failed to allot the plot against the above said application of the complainant nor have held any auction for allotment of plots till today. The complainant also moved an application on CM window but no result has come till today.  Hence, the present complaint.

STAND TAKEN BY THE OPPOSITE PARTIES

8.                The counsel for the opposite parties has argued that the respondents informed the complainant that there is no policy to give interest on the earnest money, however, if the complainant wants to withdraw the application for allotment of plot, the application money refund shall be processed after the applicant has withdrawn the application through online mode and complainant was advised to do the needful as per his requirement.  But no any reply has been sent by the complainant to the respondents till date. The complainant was very well aware before applying for plot in question that there is no policy to give interest on the earnest money. The complainant was again requested to apply through online but the complainant instead of following the request has filed the present false complaint.

9                 We have heard the arguments advanced by the learned counsel for the parties and perused the whole record available on file. Our point-wise findings with reasons thereof are as under:-

FINDINGS

                                    POINT NO.1

10                   Considering the arguments advanced by learned counsel for the parties and after perusing the entire documents and evidence placed on file by the parties, this Commission is of the firm opinion that the first and far most condition for filing this complaint is based on Ex.C1  which is an invitation to offer and it has been specifically mentioned herein that “Application may be filled online through Single Window Portal of the Haryana Government at www.investharyana.in upto 20.02.2019. The corporation reserves the right to add/amend/withdraw/modify any of the above terms and conditions at any stage without any notice. The decision of the corporation in respect of all these will be final.” After perusing the advertisement, the complainant accepted the offer and applied for the industrial plot and for that the complainant had deposited Rs.4,23,000/- through RTGS. The perusal Ex.C8 which is application for the industrial plot wherein it has been mentioned that “I/we hereby understand that the allotment of the industrial plot shall be governed by the provisions of the Industrial Policy of the State Government ad applicable Estate Management Procedure (EMP) of the Corporation, as amended from time to time. I/We hereby confirm that I/We have gone through the Enterprises Promotion Policy 2015.” Again the acceptance letter of complainant dated 27.02.2019 shows that the complainant had understood that mere remittance of earnest money and processing fee and submission of the application shall not entitle the applicant for allotment of plot/shed/FF-Shed. By this letter applicant has admitted and perused all the terms and conditions of the respondents.

          It has been specifically mentioned by the respondents that as per letter No.1095 dated 20.11.2020 wherein it has been mentioned that there is no policy to give interest on the earnest money, however, if the complainant wants to withdraw the application for allotment of plot in Sector-25 of Part II of Panipat, the application money refund shall be processed after the applicant has withdrawn the application through online mode and complainant was advised to do needful as per the basic requirements. The complainant was again informed through speed post letter No.276 dated 21.12.2020 that neither complainant has withdrawn the application of allotment of plot through online nor any reply has been given by the complainant. It is also pertinent to mention here that the respondents have refunded the earnest money Rs.4,18,000/- to the complainant in his bank i.e. Central Bank of India, Account No.3513600966 through RTGS vide letter No. HSIIDCA/C21/016 dated 16.07.2021 and by that way the complainant has got no cause of action to maintain the present complaint. As per Ex.R1 which is letter dated 20.11.2020 addressed to the complainant regarding refund of application money in which it has been specifically mentioned that there is no policy to give interest on the earnest money, however in case complainant wants to withdraw the application for allotment of plot, the application money refund shall be processed after the applicant has withdrawn the application through online mode but despite that the complainant did not applied online regarding the refund of application money. As per Ex.R3 the amount Rs.4,18,000/- has been deposited in favour of complainant through RTGS by the Branch Manager, PNB, Sector-17, Chandigarh dated 16.07.2021 and after that nothing is left for the complainant either to claim the amount or interest therein because the complainant had accepted the offer of the respondents after admitting all the terms and conditions Ex.C1, Ex.C11. As the complainant failed to prove this fact that he is entitled for any interest over the deposited application money because he himself admitted all the conditions of the respondents as mentioned in the advertisement of the draw.

                   On the other hand, the respondents have fully proved that the complainant is not entitled for any relief as claimed. Hence, this point No.1 which remains unproved is hereby returned in favour of respondents and against the complainant.

POINT NO.2

11               So far as the Point No.2 is concerned, having glance over the detailed finding on Point No.1, which remained unproved at the instance of complainant, this Point No.2 is automatically returned in favour of the respondents.

FINAL ORDER

12               Having heard the rival contentions raised by learned counsel for the party and after perusing the whole record, this Commission is of the firm opinion that the present complaint, which is devoid of merit, is hereby dismissed with no order as to costs. Certified copies of the order be sent to the parties as per rules.   File be consigned to the record room after due compliance.