Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                   Complaint No. : 584.

                                                                   Instituted on     : 28.11.2018.

                                                                   Decided on       : 05.01.2021.

Saurav Ahuja, aged 27 years son of Shri Ashok Ahuja, resident of House No. 847/25, Ahuja Kunj, Chinyot Colony, Rohtak.

                                                                             ……..Complainant.

                             Vs.

1. Haryana State Industrial Infrastructure Development Corporation (HSIIDC) Regd. Office No. C-13-14, Sector-6, Panchkula through its Managing Director.
2. Additional General Manager, HSIIDC, IMT, Delhi Road, Rohtak. 

……….Opposite parties.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. RENU CHAUDHARY, MEMBER.

                   MS. TRIPTI PANNU, MEMBER.

Present:       Shri M.K. Munjal, Advocate for complainant.

                   Shri Shakti Singh, Advocate for opposite parties.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case are that the complainant was allotted plot no.176 in HSIIDC Industrial Estate Panipat on 15.9.2014, and total price of the plot was Rs.29,25,000/-. He deposited total amount of Rs.34,02,639/- because of imposition of interest & penalties etc. As per terms & conditions of the allotment, in case of surrender of plot, the complainant was entitled to refund of total amount paid and no deduction was to be made. The complainant surrendered the plot in June, 2017 and the opposite parties illegally deducted Rs.2,92,500/- as less 10% price of plot and Rs.52,650/- as GST 18% at 10% plot cost and the remaining amount of Rs.30,57,489/- was refunded to the complainant as per letter dated 22.2.2018 issued by the opposite party. The opposite parties have illegally deducted the above said amount as 10% of cost of plot and GST. It is submitted that as per clause 34 of the allotment agreement, the deduction of 10% of price was to be made in case of resumption of plot and in case of surrender, no deduction was to be made.  The complainant requested the opposite parties many times to refund the remaining amount, which has been illegally deducted by the opposite parties but the opposite parties are avoiding the same on one pretext or the other. The complainant also served a legal notice dated 12.4.2018 to the opposite but all in vain, as opposite parties have sent a vague reply vide letter memo No.HSIIDC:PKL: Estate:2018:207 dated 24.5.2018 refusing to refund the deducted amount alongwith interest. Hence, this complaint and the complainant has prayed for directing the opposite parties to refund the amount of Rs.2,92,500/- and Rs.52,650/- which has been illegally deducted as GST and also to pay interest thereon @ 18% p.a. from the date of deposit till payment and also to pay another amount of Rs.50,000/- on account of harassment and litigation expenses to the complainant.

2.                After registration of complaint, notice was issued to the opposite parties. Opposite parties in its reply submitted that this Forum(now Commission) has no jurisdiction to try and entertain the present complaint as the plot in question has been allotted to the complainant at Panipat, which is beyond the territorial jurisdiction of this Forum(now Commission). It is also submitted that the opposite parties has not deducted Rs.2,92,500/- illegally. It is also submitted that allotment in this  case was made to the complainant vide RLA dated 15.09.2014  as per clause 6.1.a of EMP 2015 in the event of surrender of plot, the payment deposited by the allottee on installments, would be refunded, without any interest by the Corporation, after deducting 10% price of the plot. Further, GST on 10% deduction was charged as per the provisions of Goods and Service Tax Act and the complainant was very well aware of this fact. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.

3.                          Ld. counsel for the complainant has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C6 and closed his evidence on 25.10.2019. Ld. counsel for the OPs tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R3, and closed his evidence on dated 20.10.2020.

 4.               We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.

5.                 In the present case complainant was allotted plot no.176 in HSIIDC on 15.09.2014  and the complainant surrendered the plot in June, 2017. The contention of the complainant is that as per terms & conditions of the allotment, in case of surrender of plot, the complainant was entitled to refund of total amount paid and no deduction was to be made but the opposite parties illegally deducted Rs.2,92,500/- on account of 10% price of plot and Rs.52,650/- as GST and the remaining amount of Rs.30,57,489/- was refunded to the complainant as per letter dated 22.2.2018 issued by the opposite party.

6.                          After going through the file and hearing the parties, it is observed that as per Regular letter of allotment with offer of possession placed on record Ex.R1, as per condition no.3, “ In case the Industrial plot is surrendered at any time within a period of two years of allotment, full principal amount paid by the allottee will be refunded, without any interest, “ In case the Industrial Plot is surrendered within the 3^rd year of allotment, the principal amount paid by the allottee will be refunded, without any interest, after deduction of 5% of the price of the industrial plot”.  In the present case, complainant was allotted the plot on 15.09.2014 and he surrendered the plot in June 2017 i.e. in the third year but the opposite parties have illegally deducted the 10% price of plot and Rs.52650/- as GST from the amount of complainant. Whereas at the time of agreement and payment of earnest money, GST was not in operation. Hence the same cannot be applied retrospectively.  Moreover, the plot in question was surrendered in the 3^rd year, hence as per terms and conditions of the allotment letter, the opposite party was only  entitled to deduct 5% of price of plot but the opposite party has deducted 10% of price of plot. Hence there is deficiency in service on the part of opposite party and opposite party is liable to refund the alleged amount.

7.                In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties to refund the amount of 146250/- on account of 5% price of plot  and Rs.52650/- charged as GST  i.e. total Rs.198900/-(Rupees one lac ninety eight thousand and nine hundred only) alongwith interest @ 9% p.a. from the date of filing the present complaint  i.e. 28.11.2018 till its realization and also to pay a sum of Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service and Rs.10000/-(Rupees ten thousand only) as litigation expenses to the complainant within one month from the date of decision. 

8.                         Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

05.01.2021.

                                                          …………………………………..

                                                          Nagender Singh Kadian, President

                                                          …...........................................

                                                          Renu Chaudhary, Member.                               

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                                                          Tripti Pannu, Member.