Haryana

Karnal

CC/147/2018

Ashok Kumar - Complainant(s)

Versus

Haryana Urban Development Authority - Opp.Party(s)

Dheeraj Sachdeva

24 Nov 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

            

                                        Complaint no. 147 of 2018                                                         Date of Institution:11.06.2018

                                        Date of Decision : 24.11.2021  

 

Ashok Kumar son of Sh. Roshan Lal, resident of Kothi No. 464, Sector 15-A, Hisar, District Hisar (Haryana).

                     ……Complainant.

 

                                Versus

1. Haryana Urban Development Authority, Karnal, through its Estate Officer.

 

2. Haryana Urban Development Authority, through its Chief Administrator, Panchkula (Haryana).

 

                                                                  ...…Opposite parties.

 Complaint under Section 12 of the Consumer Protection Act, 1986 as amended under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

              Sh. Vineet Kaushik…….Member

 

Present:   Sh. Dheeraj Sachdeva, Advocate for complainant.

Sh. Rishi Ram, Advocate for opposite parties.

 

(Jaswant Singh President)

 

ORDER

 

                The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (after amendment under Section 35 of the Consumer Protection Act, 2019) against the opposite parties (hereinafter referred to as OPs) on the averments that in the month of July-August, 2011, the OPs advertised publication for allotment of residential plots in Urban Estate, Sector-32, Karnal. Accordingly, the complainant had applied for allotment of a residential plot under six marla’s category and deposited an amount of Rs.1,05,800/- as earnest money with the application form on 30.08.2011. Subsequently, a draw was held in which complainant remained successful and a plot bearing No.812, measuring six marlas (135 Sq. meter) in Sector 32 in Urban Estate, Karnal was allotted to the complainant by the OPs vide allotment letter dated 03.06.2012 bearing memo No. ZO004/EO016/UE026/ GA/OT/0000000862 at the rate of Rs.7837/- per square meter i.e. for a total tentative price of Rs.10,57,995/-.  As per allotment letter, complainant was asked to deposit 15% amount of total amount of the allotment money within a period of 30 days. Accordingly, complainant deposited an amount of Rs.1,58,699/- through demand draft drawn on State Bank of India bearing No.507086 dated 27.06.2012 in favour of Estate Officer, HUDA and also submitted all other documents, which were demanded from the complainant by the OPs mentioned in the allotment letter. As per condition No.6 of allotment letter, balance amount of Rs.7,93,496/- was payable without interest within 60 days from the date of allotment or in 6 yearly installments of Rs.1,32,249/- with interest however, the interest will be charged after offer of possession. The first installment was due after expiry of one year.

2.             Further, complainant made the payments of installments as well as on account of enhancement to the OPs. An amount of Rs.2,50,000/- was paid on 4.10.2012 on account of enhancement. Besides this, complainant paid an amount of Rs.1,33,000/- through RTGS on 29.04.2014 and Rs.2,65,000/- on 14.10.2016 against the enhancement as well as on account of installment against the plot in question to the OPs. After that complainant paid an amount of Rs.2,50,000/- on 15.06.2017 and Rs.1,40,000/- on 13.07.2017 and Rs.1,50,000/- on 02.02.2018. In this way, the complainant paid total amount of Rs.14,52,499/- to the OPs whereas total cost of the plot was only Rs.14,30,841/- (Rs.10,57,995/- original cost + Rs.3,72,846/- on account of enhancement). In this way, the complainant has paid excess amount to the OPs but despite that, the OPs illegally issued notices to the complainant to deposit further amount and last notice bearing memo No.ZO004/EO016/UE026/US171/00000113 dated 13.11.2017 vide which an amount of Rs.2,90,366/- has been shown as balance against the complainant as on 13.11.2017 has been issued by the OPs which is totally illegal, null and void and liable to be quashed.

3.             Further, as per condition No.7 of the allotment letter, the OPs were bound to issue offer of possession within a period of three years from the date of allotment letter after completion of development work in the area but the OPs totally failed to develop the area and failed to provide basic necessary amenities in the area. Further, the OPs also failed to give the offer of possession to the complainant within a stipulated period of three years. As per condition No.7, if the offer of possession is not offered within a period of 3 years from the date of allotment, OPs were liable to pay interest at the rate of 9% per annum on the entire amount deposited by the allottee from the date of deposit and till the date of offer of possession and the allottee was not liable to pay further installments. Further as per condition no.7, the balance amount of installments will be paid only after the possession of plot is offered to the allottee.

4.             Further, OPs failed to give offer of possession within a period of three years, so the complainant is entitled to get interest on the entire amount deposited by him with the OPs till the offer of possession. The complainant has written so many letters in this regard including letter dated 16.3.2017 and requested to pay the interest on the entire amount deposited by complainant and also refund the excess amount of interest which has been illegally charged from the complainant on the installment as well as enhancement amount because when the offer of possession was not given within a stipulated period of three years, then the OPs were not entitled to charge the same from the complainant, but the OPs have not paid any heed to the requests of the complainant.

5.             Further, it is pertinent to mention here that even to save the skin from the interest and liability, the OPs issued a false and manipulated offer of possession vide letter bearing memo No.ZO004/EO016/UE026/OPOS/0000000/120 dated 03.05.2016 whereas in fact at the site, no development work has been carried out by the OPs. Neither any park or street light or any supply of water, sewerage system, market or other facilities which are essential has not been provided by the OPs till date. Even the land where the plot in question is situated and other surrounding land is lying in the shape of agriculture. Neither any demarcation of plots nor identification of plots has also been marked at site by the OPs. Despite providing all the facilities which are essential for living in the house as well as for construction of the house are necessary, a false offer of possession has been issued by the OPs on 03.05.2016.  After that complainant has made many requests to the OPs to withdraw the said offer of possession till providing the facilities, but the OPs are not paying any heed and putting of the matter on one pretext or the other.

6.             It is further averred that due to the act and conduct of the OPs, the complainant is suffering financial loss as he could not construct his house in time and the cost of construction material i.e. cement, iron, labor etc. is increasing day by day, whereas on the other hand, the OPs are using and earning the profit from the money, which was deposited by the complainant. The complainant has visited so many times to the office of OP no.1 and requested to withdraw the eyewash offer of possession but the official of the OPs firstly assured the complainant to do the same but lastly in the last week have refused to redress the grievances of the complainant. The cause of action is still continuing as the OPs have issued a letter demanding an illegal amount of Rs.2,90,336/- vide their letter bearing No.9422 dated 17.12.2017 and also issued subsequent letters to the complainant. Further, many representations have been made by the complainant including dated 16.3.2017 which are still pending with the OPs. Hence, this complaint, seeking the following reliefs:-

(i)            That OPs be directed to withdraw the eyewash offer of possession and to refund the interest which was illegally charged from the complainant on the installment as well as enhancement and further to issue fresh offer of possession after doing the development work in the area and to refund the excess amount.

(ii)           The OPs be also directed to pay an amount of Rs.3,00,000/-  as financial loss suffered by complainant as he could not construct house in time and besides this OPs be also directed to pay compensation as well as litigation expenses of Rs.50,000/-.

7.             On notice, opposite parties appeared and filed written version raising preliminary objections  with regard to maintainability; locus standi; cause of action; deficiency in service or adopted unfair trade practice; complaint is misuse of the process of law and that this Forum (now commission) has got no jurisdiction to entertain and try the present complaint. On merits, while admitting the contents of para no.1 regarding allotment etc. to be correct being matter of record, it is submitted that since the complainant deposited the earnest money through a bank i.e. Sarav Haryana Gramin Bank, therefore, as per the agreement entered into between the HSVP and the concerned bank, the allotment letter was sent to the concerned bank directly and the complainant was bound to collect the said allotment letter from the concerned bank. As per the terms and conditions of the allotment letter, the allottee- complainant was bound to deposit 15% amount of the total tentative price within a period of 30 days from the date of issue of allotment letter and the allotment letter was issued on 3.6.2012. It was specifically mentioned in the said allotment letter vide condition No.4 that in case the allottee refuses to accept the allotment, he shall communicate his refusal by a registered letter within thirty days from the date of allotment letter, failing which this allotment shall be cancelled without any notice and earnest money deposited by him shall be forfeited to the authority and that he shall have no claim for the damages. In condition No.5 of the allotment letter, it was stipulated that in case the allottee accepts this allotment, please send your acceptance by registered post alongwith amount of Rs.1,58,699/- within 30 days from the date of issue of this allotment letter which together with an amount of Rs.1,05,800/- paid by him alongwith application form as earnest money will be constituted 25% of the total tentative price. It is further submitted that it is worth mentioning here that vide office memo No.7434 dated 11.6.2012, the complainant personally was also informed that his allotment letter has been sent to the financed bank and he was asked to collect the allotment letter from the bank concerned and to deposit 15% amount i.e. Rs.1,58,699/- in the shape of bank draft in favour of Estate Officer, HUDA, Karnal payable at Karnal within 30 days from the date of allotment letter i.e. 3.6.2012. The complainant deposited the said amount on 02.07.2012. As per condition no.6, the balance tentative cost of the plot was to be deposited without interest within 60 days from the date of issue of the allotment letter or in six yearly installments which was to fall due after one year of the issue of the allotment letter and every installment would be recoverable together with interest on the balance amount at the rate of 12% per annum. The complainant opted to deposit the balance tentative costs of the plot in question by way of six yearly installments.

8.             It is further pleaded that para no.3 of the complaint is correct to the extent of deposit of the amount by the complainant in respect of plot in question. It is, however, submitted that entire amount has been duly credited in the account of the complainant being maintained by the OPs. According to condition No.9 and 3 of the allotment letter, the price of the plot was subject to variation with reference to the enhancement of compensation in acquisition costs of land by the Court and the Ld. Court has enhanced the acquisition cost of the land in that Sector i.e. Rs.2761.82 per Sq. meter and as such an amount of Rs.3,72,846/- was to be paid by the complainant towards the enhancement price of the said plot and accordingly, vide letter No.702 dated 13.08.2012, the complainant was asked to deposit the said amount within a period of 30 days. It was also stipulated that in case he fails to deposit the same, HSVP shall charge an interest @15% per annum on the said amount. Vide the aforesaid letter, the complainant was also allowed to deposit the said amount of enhancement in five equal half yearly installments alongwith interest at the rate of 15% p.a as per the schedule given in the said letter. The complainant was bound to deposit the said amount within 30 days i.e. upto 12.9.2012, however, he failed to deposit the said amount and he deposited a sum of Rs.2,50,000/- on 4.10.2012. It is further pleaded that since the complainant failed to deposit the said amount of Rs.3,72,846/- and deposited only Rs.2,50,000/- that too beyond the stipulated period of 30 days, therefore, on the balance amount, the answering ops charged the interest @15% p.a. Thereafter, the answering OPs offered the possession of the plot in question vide memo No.120/9 dated 3.5.2016 on receiving the report of development works from the office of Executive Engineer, HSVP Division Karnal vide letter No.124 dated 4.1.2016 and the report of the office of Sub Division Electrical, HSVP Karnal vide letter No.709 dated 6.6.2016. Accordingly, the complainant was asked to obtain the possession of the plot in question by visiting personally or through some authorized representative on any working day within 30 days of the date of the letter. It was also mentioned in the offer of possession letter that after issuance of this letter, the balance amount shall carry an interest at the rate of 12% p.a. with effect from 3.5.2016. The complainant failed to maintain the installments schedule and he has been issued several demand notices including notice bearing memo No.113 dated 13.11.2017.

9.             It is further submitted that possession of the plot in question was to be offered within a period of three years from the date of allotment after completion of the development work in the area. It was also made clear that in case possession of the plot is not offered within stipulated period of three years from the date of allotment, HUDA will pay interest @9% (or as may be fixed by the authority from time to time) on the amount deposited by the allottee after the expiry of three years till the date of offer of possession. It was also made clear that allotee was not bound to deposit the installment amount after the expiry of said period of three years and the payment of balance installment was to be started after the possession of the plot is offered to the allottee. It is further submitted that ops developed the said area and all the basic amenities are being provided in the said sector. After developing the said sector, the possession of the said plot was offered to the complainant vide memo No.120/9 dated 3.5.2016. However, the complainant failed to deposit the said amount within the stipulated period i.e. up to 3.7.2012. It is further submitted that after completion of development work in the area, where the plot in question is situated, the possession was offered to the applicant vide letter No.120/9 dated 3.5.2016 and as such delay of 336 days for offering of possession occurred and the complainant is entitled to the benefit of said days only and same is being given. It is further submitted that vide instructions/ letter No.71942-43 dated 24.4.2017 on the subject of charging of interest on the additional price on account of enhancement in case possession not offered within three years of allotment, the HUDA has clarified as under:-

                “ It is clarified that instructions dated 25.01.2017 are applicable only for tentative price as per authority decision in meeting held on 12.12.2006 and these are not applicable to enhanced compensation (additional price). Therefore, the benefit of 9% interest not to be given on enhancement (additional price) and delay interest is to be charged on additional price if timely payment is not made irrespective of the fact whether possession is given within three years of allotment or not.”

The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

10.           The parties then led their respective evidence.

11.           Learned counsel for complainant has tendered into evidence affidavit of complainant as Ex.CW1/A, copy of allotment letter dated 24.05.2012 Ex.C1, copy of letter dated 13.8.2012 of OPs written to the complainant for payment of enhanced compensation Ex.C2, copy of letter dated 2.6.2018 regarding payment of enhanced compensation Ex.C3, copy of guidelines for post allotment payments Ex.C4, copy of letter dated 7.5.2018 written by Administrator (HQ) Haryana Shehri Vikas Pradhikaran, Panchkula to all the Zonal Administrator and Estate Officers, HSVP regarding One Time Settlement Scheme alongwith Scheme Ex.C5, copy of allottee account statement Ex.C6 and Ex.C7, copy of allottee account statement dated 13.11.2018 Ex.C8, copy of allottee account statement dated 27.6.2018 Ex.C9, copy of letter of offer of possession Ex.C10, copy of application of complainant moved to Estate Officer, HUDA, Karnal for giving the benefit of interest on account of delay of possession of the plot Ex.C11, copy of browsing data Ex.C12, copy of application moved by complainant to the Estate Officer, HSVP Karnal dated 6.12.2018 to deposit the amount of Rs.1,00,000/- as per order dated 29.11.2018 Ex.C13, copy of demand draft Ex.C14, copy of message details Ex.C15, copy of challan Ex.C16 and closed the evidence the evidence on 29.01.2021 by suffering separate statement.

12.           On the other hand, learned counsel for OPs has tendered in evidence affidavit of Sh. Mayank Bhardwaj, Estate Officer, HSVP, Karnal as Ex.RW1/A, copy of allotment letter dated 3.6.2012 Ex.R1, copy of letter dated 11.6.2012 regarding information of allotment of plot Ex.R2, copy of receipt of the amount of Rs.1,58,699/- dated 2.7.2012 Ex.R3, copy of letter dated 13.8.2012 regarding demand of enhanced compensation from complainant Ex.R4, copy of receipt of the amount of Rs.2,50,000/- dated 4.10.2012 Ex.R5, copy of letter of offer of possession dated 3.5.2016 Ex.R6, copy of letter of the Executive Engineer, HUDA Division, Karnal dated 4.1.2016 Ex.R7, copy of show cause notice dated 13.11.2017 Ex.R9 and copy of letter of the Administrators, HUDA to all the Estate Officers, HUDA dated 24.4.2017 Ex.R10 and closed the evidence on 13.08.2021 by suffering separate statement. 

13.           We have heard learned counsel for the parties and have perused the case file carefully.

14.           Admittedly, after advertisement of the OPs regarding allotment of residential plots in Urban Estate, Sector-32, Karnal, on the application of complainant, a plot bearing No.812 of six marlas in above said sector was allotted to the complainant on 3.6.2012 as per allotment letter Ex.C1. The complainant paid an amount of Rs.1,05,800/- to the OPs alongwith application form as earnest money and the tentative price of the plot was Rs.10,57,995/-.  The clauses No.5, 6,7,9 and 10 of the allotment letter Ex.R1 dated 03.06.2012 are relevant which are reproduced as under:-

                “In case you accept this allotment, please send your acceptance by registered post alongwith amount of Rs.1,58,699/- within 30 days from the date of issue of this allotment letter which together with an amount of Rs.1,05,800/- paid by you alongwith your application form as earnest money, will constitute 25% of the total tentative price”. 

                 “The balance amount i.e. Rs.7,93496/- of the tentative cost of the plot/ building can be paid in lump-sum without interest within 60 days from the date of issue of the allotment letter or in 6 yearly installments of Rs.132,249/-. The first installment will fall due after the expiry of one year of the date of issue of this letter. Each installment would be recoverable together with interest on the balance price @12% p.a. on the remaining amount. The interest shall, however, accrue from the date of offer of possession. In case balance 75% of the tentative price of the plot is paid in lump-sum within 60 days from the date of issue of allotment letter, the rebate of 5% in the price of plot will be allowed”.

                “The possession of the plot will be offered within a period of 3 years from the date of allotment after completion of development work in the area. In case possession of the plot is not offered within the prescribed period of 3 years from the date of allotment, HUDA will pay interest @9% (or as may be fixed by Authority from time to time) on the amount deposited by you, after the expiry of 3 years till the date of offer of possession and you will not be required to pay the further installments. The payment of the balance installments will only start after the possession of the plot is offered to you”.

                “The above price is tentative to the extent that any Enhancement in the cost of land awarded by the Competent Authority under the Land Acquisition Act shall also be payable proportionately as determined by the Authority. The additional price determined shall be paid within 30 days of its demand”.

                “In case the installment is not paid by 10^th of the following the month in which it falls due (or in case the additional price is not paid within the time), the Estate Officer shall proceed to take action for imposition of penalty and resumption of plot in accordance with the provisions of Section 17 of the Act”.   

15.           As per condition No.5 of the allotment letter dated 03.06.2012, the complainant was required to deposit an amount of Rs.1,58,699/- i.e. 15% of the total tentative price of plot in question within a period of 30 days. The complainant deposited the said amount of Rs.1,58,699/- through demand draft bearing No.507086 dated 27.6.2012 drawn on State Bank of India in favour of Estate Officer, HSVP, Karnal and said amount was received by OPs on 02.07.2012 i.e. within period of 30 days from the date of allotment and this fact is also evident from page No.4 of allottee account statement Ex.C6. So, the above said condition No.5 of the allotment letter issued to the complainant by the ops has been duly complied with by the complainant.

16.           Then as per condition No.6 of the allotment letter dated 3.6.2012, the balance amount i.e. Rs.7,93496/- of the tentative cost of the plot was to be paid either in lumpsum without interest within 60 days from the date of issue of the allotment letter i.e. upto 2.8.2012 or in 6 yearly installments of Rs.1,32249/- each. According to said condition no.6 of the allotment letter itself, the first installment will fall due after the expiry of one year of the date of issue of the letter i.e. on 2.6.2013 and each installment would be recoverable together with interest on the balance price @12% on the remaining amount. The interest shall, however, accrue from the date of offer of possession and in case balance 75% of the tentative price of the plot is paid in lump-sum within 60 days from the date of issue of allotment letter, the rebate of 5% in the price of plot will be allowed.

17.           With regard to above condition No.6 of the allotment letter dated 03.06.2012, the complainant chose not to deposit the balance amount i.e. Rs.7,93,496/- of the tentative cost of the plot in question in lumpsum without interest within 60 days from the date of issue of the allotment letter and he chose to deposit the same in installments, therefore, he was not entitled to the rebate of 5% in the price of plot and the complainant has not claimed the same. Since, the complainant did not deposit the amount of Rs.7,93,496/- in one time within 60 days as is also evident from the record, therefore, it is clearly established that complainant wanted to deposit the said amount of Rs.7,93,494/- in installments as per condition No.6 laid down in the allotment letter and as such the first installment of Rs.1,32,249/- was to be paid on 2.6.2013 i.e. after expiry of one year of date of issue of the letter and subsequent five installments of Rs.1,32,249/- each were also to be paid by the complainant on 2.6.2014, 2.6.2015, 2.6.2016, 2.6.2017 and 2.6.2018 respectively. It is clearly mentioned in the condition No.6 of the allotment letter dated 3.6.2012 that each installment would be recoverable together with interest on the balance price @12% p.a. on the remaining amount, however, interest shall accrue from the date of offer of possession. The offer of possession of the plot in question was to be given within a period of three years from the date of allotment after completion of development work in the area as per condition No.7 of the allotment letter dated 3.6.2012. So, the offer of possession was to be given to the complainant up to 2.6.2015. But, however, offer of possession in this case admittedly has been given to the complainant on 3.5.2016 as is evident from copy of letter of offer of possession placed by ops themselves as Ex.R6. So, the ops were not entitled to any interest from the complainant on the installment before 3.5.2016, rather as per condition No.7 of the allotment letter dated 3.6.2012 itself, in case the possession of the plot is not offered within the prescribed period of 3 years from the date of allotment, HUDA will pay interest @9% (or as may be fixed by Authority from time to time) on the amount deposited by allottee after the expiry of 3 years till the date of offer of possession and allottee will not be required to pay the further installments and the payment of the balance installments will only start after the possession of the plot is offered to the allottee. So, from the above said conditions No.6 and 7 of the allotment letter dated 3.6.2012, it is clear that complainant was not liable to pay any interest on the installments up to 3.5.2016 and he is entitled to interest for the period 2.6.2015 to 3.5.2016 at the rate of 9% per annum on the deposited amount by the complainant with the ops as per condition No.7 of the allotment letter which says that in case possession of the plot is not offered within the prescribed period of 3 years from the date of allotment, HUDA will pay interest @9% on the amount deposited by allottee after the expiry of 3 years till the date of offer of possession and the allottee will not be required to pay the further installments and the payment of the balance installments will only start after the possession of the plot is offered to the allottee. As already mentioned, the offer of possession was to be given to the complainant by the ops up to 2.6.2015, but same has been given on 3.5.2016 and as such complainant is entitled to interest for the period from 2.6.2015 to 3.5.2016 at the rate of 9% per annum on the deposited amount.

18.           Now, we see upto 03.05.2016, how much amount was deposited by the complainant. Admittedly, the complainant deposited an amount of Rs.1,05,800/- on 3.8.2011 being 10% of the tentative price alongwith application form, then he deposited an amount of Rs.1,58,699/- on 2.7.2012 being 15% of the tentative price of the plot, thereafter he deposited an amount of Rs.2,50,000/- through demand draft dated 4.10.2012 but that amount was deposited towards enhancement amount and not as installment, so the point of entitlement of interest on that amount of Rs.2,50,000/- will be decided in subsequent paras of the order. Then he deposited another amount of Rs.1,33,000/- on 29.6.2014 through demand draft. So, the complainant got deposited an amount of Rs.3,97,499/- as principle amount being part payment of the price of the plot in question up to 29.6.2014 i.e. before the date of offer of possession and the complainant is entitled to interest @9% per annum on the above said amount of Rs.3,97,499/- from 2.6.2015 to 3.5.2016. In this regard, the OPs have also admitted that delay of 336 days for offering of possession occurred and the complainant is entitled to the benefit of said days only and same is being given.

19.           The complainant has claimed that as per condition No.7, if the offer of possession not offered within a period of 3 years from the date of allotment, OPs were liable to pay interest at the rate of 9% per annum on the entire amount deposited by the allottee from the date of deposit and till the date of offer of possession. But we are not agree with this contention of complainant because, as per above said condition No.7 of the allotment letter, the interest at the rate of 9% on the entire amount deposited by the allottee will be payable after expiry of three years from the date of allotment till the date of offer of possession. Further, though OPs have admitted that they are liable to pay interest for delay of offer of possession but they have shown interest amount to be paid on this account as Rs.27,865/- on the principle amount of Rs.3,74,836/- for 335 days . But the OPs have not explained that how they have calculated the above said amount of Rs.3,74,836/- whereas the complainant got deposited an amount of Rs.3,97,499/- up to 29.6.2014 as principle amount and therefore, he is entitled to interest @9% per annum on the amount of Rs.3,97,499/- for the period 2.6.2015 to 3.5.2016.  At this juncture, we have also found that first installment of Rs.1,32,249/- was to be paid by the complainant on 3.6.2013 as per payment schedule given in the allotment letter Ex.C1, but the complainant deposited amount of Rs.1,33,000/- on 29.6.2014 against the payment schedule, but the amount remained deposited with the OPs prior to offer of possession and there is also admission of the OPs that they are liable to pay interest for delay of possession, therefore, we are of the considered view that complainant is entitled to interest on this amount also on account of delay of offer of possession. 

20.           Now we resolve the issue of the enhancement. In this regard, Condition No.9 of the allotment letter dated 3.6.2012 stipulates as under:-

                “The above price is tentative to the extent that any Enhancement in the cost of land awarded by the Competent Authority under the Land Acquisition Act shall also be payable proportionately as determined by the Authority. The additional price determined shall be paid within 30 days of its demand.”

21.           The OPs vide their letter Ex.R4 dated 13.08.2012, sought enhancement amount of Rs.3,72,846/- from the complainant and said letter is reproduced as under:-

                “According to the condition number 9/3 of the allotment/ re-allotment letter respectively, the price of the said plot is subject to variation with reference to the enhancement of compensation in acquisition cost of land by the Court. The Court has enhanced the acquisition cost of land in this Sector i.e. Rs.2761.82 per Sq. meters. As such an amount of Rs.3,72,846/- is recoverable from you”.

Installment     Due Date       Principal Amount       Interest @15%         Total Amount

1.       11/9/2012                  74,569/-               4444/-                    79013/-

2.       13/02/2013              74,569/-                 19,000/-                 93,569/-

3.       13/08/2013              74,569/-                 16,640/-                 91,209/-

4        13/02/2014              74,569/-                 11,277/-                 85,846/-

 

22.           The complainant deposited an amount of Rs.2,50,000/- towards enhancement amount on 4.10.2012. Either complainant should have deposited the above said amount of Rs.3,72,846/- on account of enhancement within 30 days from 13.8.2012 i.e. upto 13.9.2012 in order to avoid payment of interest or should have adhered to the above said payment schedule of the OPs in five installments with interest but the complainant neither deposited the above said amount in one time to avoid interest nor adhered to the payment schedule in five installments with interest and deposited the amount of Rs.2,50,000/- towards enhancement amount in part payment and the balance amount of Rs.1,22,846/- remained pending as enhancement amount towards the complainant.

23.           Now we observe that actually what amounts have been paid by the complainant towards installment and enhancement. The complainant has tendered his affidavit Ex.CW1/A in which he has stated that he started to deposit the amount of installments and enhancements with the OPs. The plot holder was/is not having any option to deposit the amount through cheques/ or demand drafts except online bank challan generated through HSVP Portal. As per guidelines of HSVP (Guidelines Annexure C-4), the entire amount will be adjusted firstly against installment and its interest whereas all the amounts have been adjusted firstly against enhancement and its interest. These guidelines are duly incorporated on the account statements as well as on the portal of OPs department. The software of computer had been intentionally tampered/generated/ manipulated, by the officials of OPs, just to defeat the purpose of One Time Scheme (OTS) @40% launched by the Government firstly on 7.5.2018 (Annexure C5) and thereafter extended for 2^nd time on 31.10.2018 @37.5%. He has further stated that entire amount deposited by him had been wrongly adjusted firstly against the enhancement and its interest instead of installments and its interest. These facts are duly evident from the computerized account statements dated 22.12.2020, 10.9.2019, 13.11.2018 and 27.06.2018 respectively (Annexure C6 to C9). He has further stated that the details of amount deposited by the complainant with OPs are as under:-

Sr. No.	Date of amount Deposited	Amount Rs.
1	03.08.2011 (10% application Money)	1,05,800/-
2	2.7.2012 (15% allotment money)	1,58,699/-
3	04.10.2012 (Demand Draft)	2,50,000/-
4	29.06.2014 (Demand Draft)	1,33,000/-
5	14.10.2016 (through challan)	2,65,000/-
6	15.06.2017 (through challan)	2,50,000/-
7	13.07.2017 (through challan)	1,40,000/-
8	02.02.2018 (through challan)	1,50,000/-
9	30.11.2018 (through challan)	80,000/-
10	30.10.2020 (through challan)	1,32,249/-
11	30.10.2020 (through challan)	1,32,249/-
12	30.10.2020 (through challan)	1,65,000/-
	Total	Rs.19,61,997/-

                                  

24.           The complainant has further stated that in this way, he has paid total amount of Rs.19,61,997/- with the OPs against the total cost of plot in question Rs.15,58,575/- (Rs.10,57,995/-+ Rs.3,72,846/- + Rs.1,27,734/-) i.e. Rs.4,03,422/- in excess amount with the OPs. He has further stated that beside this, as per condition no.7 of allotment letter, the complainant was entitled to get the interest on entire deposited amount of installments and enhancement cost w.e.f. respective dates of deposit, till offer of possession 03.05.2016 from the OPs as possession of plot was not handed over within a period of three years from the date of allotment. Whereas, according to the OPs, the complainant was bound to deposit the amount of Rs.3,72,846/- within 30 days i.e. up to 12.9.2012, however, he failed to deposit the said amount and he deposited a sum of Rs.2,50,000/- on 4.10.2012. It is further plea of the OPs that since the complainant failed to deposit the said amount of Rs.3,72,846/- and deposited only Rs.2,50,000/- that too beyond the stipulated period of 30 days, therefore, on the balance amount, the answering OPs charged the interest @15% per annum. As already held, since the complainant has failed to adhere to the payment schedule of OPs regarding enhancement amount of Rs.3,72,846/-, therefore, in so far as charging of interest by the OPs @15% per annum is concerned, we found no illegality of the OPs in this regard. However, we are going to discuss about one time settlement scheme in respect of recovery of additional price on account of enhancement notified by the Government of Haryana on 4.5.2018 in the foregoing paras of this order.    

25.           Then we observe that vide letter dated 02.06.2018, the OPs demanded an amount of Rs.1,27,734/- on account of enhancement from the complainant and the said letter Ex.C3 dated 02.06.2018 is reproduced here under for ready reference and convenience:-     

                 “According to condition number 9/3 of the allotment/ re-allotment letter respectively, the price of the said plot is subject to variation with reference to the enhancement of compensation in acquisition cost of land by the Court. The Court has enhanced the acquisition cost of land in this sector i.e. Rs.946.18 per sq. mtrs. As such an amount of Rs.1,27,734/- is recoverable from you.

                You are, therefore, requested to pay by these mode of payment i.e. online/ offline challan/ RTGS payable to the Estate Officer, Haryana Urban Development Authority, Karnal and the authorized Bank mentioned on HUDA website www.huda.org.in within 30 days from the date of issue of this letter failing which interest @15% per annum will be charged from the date of issue or this letter till the date of payment. However, payment can also be made in 3 installments of equal amount with interest @15% per annum as per following schedule:-

Installment     Due Date       Principal Amount       Interest @15%         Total Amount

 

1                  01/7/2018      42,578/-                 1522/-          44,100/-

2                  02/12/2018    42,578/-                 5389/-          47,967/-

 

26.           Now, we observe entitlement of the complainant for One Time Settlement Scheme floated by the Haryana Government towards enhancement amount. The total amount of Rs.5,00,580/- has been claimed by the OPs from the complainant on account of enhancement out of which an amount of Rs.2,50,000/- was paid by the complainant on 04.10.2012. The remaining amount of Rs.250,580/- on account of enhancement amount (alongwith interest to be charged/ already charged on account of failure to adhere payment schedule) remained pending towards the complainant by 2.6.2018. However, the first One Time Settlement Scheme was floated by the Haryana Government w.e.f. 15.05.2018 to 14.07.2018 to grant the rebate of 40% and the copy of letter of Haryana Shehri Vikas Pradhikaran, Sector-6 Panchkula bearing No.HSVP-Adm. (HQ)-2018/92022-23 dated 7.5.2018 written to all the Zonal Administrator, HSVP and all the Estate Officers, HSVP has been placed on file by complainant as Ex.C5. Through this letter, all the Zonal Administrator and Estate Officers were circulated One Time Settlement Scheme (OTSS) notified by the Government of Haryana on 4.5.2018 by which rebate of 40% on the amount outstanding on account of additional price (enhancement) including the delay interest as shown pending in the PPM account of the plot was to be given in respect of full amount. However, as per clause 7 of the notification, this scheme was open for a period of two months from the date of launch i.e. 15.05.2018 and as per sub clause (viii) of clause 7 of the scheme, the settlement under the scheme shall be granted to the allottee only if the amount is credited to the HSVP account before the closure of the scheme and sub clause (ix) of clause 7 of the scheme says that this is a “One Time Settlement Scheme”. It shall not be extended even by a day after the expiry of the period mentioned at Sr. No. (i) above. The above said scheme which was effective from 15.5.2018 to 14.7.2018 will not apply to the case of the complainant for giving rebate of 40% on the outstanding amount of enhancement (additional price) alongwith interest because admittedly the complainant had not applied for the same within above said period of two months.

27.           According to the complainant, for second time, One Time Settlement Scheme was floated by the Haryana Government w.e.f. 31.10.2018 to 30.11.2018 to grant the rebate of 37.5% on the entire pending amount under the head of Enhancement and its interest to the plot holders and the entire balance amount was to be deposited on or before 30.11.2018. The complainant in his affidavit has stated that accordingly, he made his willingness on the portal of HSVP on 14.11.2018 and also moved an application to this Commission on 15.11.2018 before last date with the request to direct the ops to disclose the balance amount, so that he could deposit 10% of the amount as per scheme, but the officials of OPs intentionally not disclosed the balance amount despite order of the Commission. He has further stated that he has deposited Rs.80,000/- on 3011.2018 on the last date of scheme but benefits of OTS scheme has not been given and even as per account statement dated 27.06.2011 and 13.11.2018 of OPs, an amount of Rs.1,27,734/- and interest thereon was pending on account of enhancement against him whereas OTS scheme was floated firstly on 7.5.2018 and secondly on 31.10.2018 and at least, he was entitled to get the benefits of rebate 37.5% on this amount and its interest. As already mentioned above, the complainant is not entitled to rebate as per first scheme which was effective from 15.5.2018 to 14.7.2018 since complainant did not opt for the same. But however, he is very much entitled to the benefits of scheme which came into force from 31.10.2018 to 30.11.2018. In this regard, it is pertinent to mention here that the complainant had also moved an application before this Commission on 15.11.2018 seeking direction to the OPs to submit correct calculation after adjusting the entire deposited amount against installments instead of installment, which has been wrongly and illegally adjusted by the OPs in the head of enhancement and further OPs be directed to overhaul the account and disclose the exact amount after adjusting the amount in the installments, so that he can avail the benefit of scheme launched by the Haryana Government for rebate under the head of enhancement and its interest. By putting up the file on 16.11.2018, notice of the said application was given to Mr. Nishant, an employee of HUDA department who appeared in an execution petition and the case was pre-poned to 20.11.2018 from 29.11.2018 for filing reply on behalf of OP. On 20.11.2018 reply was not filed and the case was adjourned to 22.11.2018 for filing reply and ultimately reply was filed on 26.11.2018 and the case was adjourned to 29.11.2018 for consideration on the application. Though in the reply filed by OPs, the application of the complainant was resisted on the ground that scheme shall be open for a period of 1.11.2018 to 30.11.2018 and any allottee desiring to avail the scheme shall have to register his willingness on the HSVP portal latest by 16.11.2018 by depositing approximately 10% of the best amount to be paid under FFSS and the balance amount shall have to be deposited on or before 30.11.2018. It was further submitted that as per the conditions of the said policy, the applicant (complainant) has miserably failed to register his willingness on the HSVP Portal within stipulated period i.e. up to 16.11.2018. But from the perusal of document Ex.C12 i.e. browsing data of the Internet placed on file by the complainant reveals that complainant sent OTSS request through email on the portal/ site of the opposite parties and said request of the complainant was received by the OPs at 2.09 PM on 15.11.2018. According to the complainant, despite request received by OPs, they did not provide account statement and statement of balance amount of the enhancement and in this way complainant could not deposit 10% of remaining enhancement as per the scheme and he is ready to deposit the entire enhancement amount after deducting scheme amount. It is also relevant to mention here that following order was passed by this Commission on the above said application of the complainant on 29.11.2018:-

                “On perusal of the documents attached with the file, it is proved that the complainant has made request to the OP to provide the account statement of enhanced amount so that he can avail the benefit of the scheme of the Government. The scheme is going to close on 30.11.2018. So, in view of the above facts and in the interest of justice, we direct the OPs to allow the complainant to avail benefit of the scheme and balance amount of enhancement be accepted. OPs are further directed, after giving the benefit of scheme, to provide the correct amount of enhancement today positively, so that complainant can avail the benefit of scheme. Hence, the application of complainant disposed off accordingly.”

28.           But however, instead of complying the above said directions, the OPs preferred to file a revision petition before the Hon’ble State Consumer Disputes Redressal Commission, Haryana, Panchkula challenging the above said order of this Commission and the Hon’ble State Commission in Revision Petition No.34 of 2019 decided on 05.02.2020 while rejecting the revision petition of the OPs has passed the following order:-

                “Complainant opened the website on 14.11.2018 at about 14.06 p.m. and sent his online request, but the request was not entertained. The complaint is still pending, even and if for the sake of arguments, it is assumed that respondent-complainant did not apply online on 14.11.2018 as claimed by him then also he is entitled to benefit of the scheme as he had filed a misc. application on 15.11.2018 i.e. one day before the last date of willingness to avail the benefits of the scheme.

                “ As a sequel to above discussion, we do not find any illegality in the impugned order except with the rider that the benefit of the scheme to the respondent- complainant will be only an interim relief subject to final outcome of the complaint and in the meantime respondent-complainant would abide by all other terms and conditions of the scheme for availing benefit of 37.5% per annum of total amount due against him on account of enhancement as well as on its interest.”

28.           The complainant in his affidavit has also stated that as no detail of pending amount was provided to him, even then he tried to deposit the amount of Rs. one lac and Rs.80,000/- by generating the online challan on 30.11.2018 to avail the benefits of One Time Settlement Scheme valid up to 30.11.2018 but he could succeed in depositing only amount of Rs.80,000/- on 30.11.2018, however, he could not succeed to deposit amount of Rs.one lac through bank challan and transaction was declined by the bank. After that finding no alternate, he obtained demand draft of Rs. one lac bearing No.207308 on the same day i.e. 30.11.2018 in favour of HSVP and sent the same through courier with forwarding letter to the office of OPs but the same was returned by OPs without any reason just to harass and humiliate and cause financial loss to him.  The complainant has placed on file copy of an application moved to the EO, HSVP, Karnal as Ex.C13 with the request to deposit the amount of Rs.1,00,000/- vide DD No.207308 dated 30.11.2018 for One Time Settlement as per order of this Commission dated 29.11.2018 and that application was received on 6.12.2018 but vide Endst. No. 9824 dated 7.12.2018, the DD was returned to the complainant and he was asked to deposit the amount online. So, keeping in view all above aspects, the complainant is entitled to the benefit of the OTS scheme which was effective from 31.10.2018 to 30.11.2018 with regard to rebate of 37.5% on the balance amount of enhancement and its interest which was outstanding/ balance during the subsistence of the scheme from 31.10.2018 to 30.11.2018 after adjusting the amounts of Rs.2,50,000/- deposited on 4.10.2012, Rs.2,09,894/- deposited on 14.10.2016 and Rs.80,000/- deposited on 30.11.2018. According to complainant, amounts of Rs.250000/-, Rs.2,65,000/- and Rs.80,000/- deposited on 4.10.2012, 14.10.2016 and on 30.11.2018 respectively have been wrongly adjusted under the head of enhancement instead of installments by the OPs against rules and guidelines of OPs. Firstly, the amount should be adjusted against installments and its interest and then in enhancement and its interest. But, however, we found no substance in this plea of complainant firstly because no such rules or guidelines have been placed on file by the complainant though complainant in his affidavit has given reference to the guidelines of HSVP as Annexure C4 but no such Annexure C4 has been placed on file. Secondly, the complainant has himself deposited amount of Rs.2,50,000/- on 1.10.2012 as part payment against enhancement amount. Then again on 14.10.2016 complainant himself generated challan whereby he deposited Rs.55,106/- towards installment and amount of Rs.2,09,894/- was deposited towards enhancement. Further, the complainant has also admitted that amount of Rs.80,000/- was deposited by him on 30.11.2018 against enhancement in order to avail benefit of OTS scheme. So, now the complainant cannot say that said amounts have been wrongly adjusted towards enhancement by the OPs.   

29.           In so far as plea of the complainant that even offer of possession vide letter dated 3.5.2016 has been issued without any development work and providing basic amenities is concerned,  the complainant has failed to prove the said plea by leading cogent and convincing evidence and even by placing any photographs of the site in question or the surrounding area. On the other hand, OPs have placed on file copy of letter of Executive Engineer, HUDA Division, Karnal dated 4.1.2016 Ex.R7 written to Estate Officer, HUDA Karnal whereby it has been informed that development works around the plots including plot of complainant has been done and possession of plots can be offered. Similarly, the OPs have also placed on file copy of letter of the office of Sub Division Engineer HUDA Electricity Sub Division, Karnal dated 6.6.2016 Ex.R8 written to the Executing Engineer, Electrical Division HUDA, Panchkula whereby report regarding completion of electrification work has been submitted. So, the plea of complainant in this regard is hereby repelled.   

30.           The complainant claims that he has deposited total amount of Rs.19,61,997/- with the OPs against the total cost of plot in question of Rs.15,58,575 (Rs.10,57,995/- + Rs.3,72,846/- + Rs.1,27,734/-) and in this way he has deposited an amount of Rs.4,03,422/- in excess with the OPs. As mentioned above, the complainant will be entitled to interest @9% on the amount of Rs.3,97,499/- for the period 2.6.2015 to 3.5.2016 after deducting amount ( since OPs have claimed that benefit of amount of Rs.27,865/- is being given to the complainant), if same has already been adjusted towards interest amount in the account of complainant. The complainant will be further entitled to rebate of 37.5% on the balance amount of enhancement which was due between 31.10.2018 to 30.11.2018 against enhancement and the OPs will refund the excess amount of enhancement, if any to the complainant after giving rebate. The OPs are also directed to refund any other excess amount charged from the complainant. 

31.           In view of above discussion, we partly allow the present complaint and direct the opposite parties to pay interest @9% per annum on the amount of Rs.3,97,499/- for the period 2.6.2015 to 3.5.2016 after deducting amount of Rs.27,865/- as per OPs, if same has already been adjusted towards interest amount in the account of complainant. The complainant will be further entitled to rebate of 37.5% on the balance amount of enhancement which was due between 31.10.2018 to 30.11.2018 against enhancement and the OPs will refund the excess amount of enhancement, if any to the complainant after giving rebate. The OPs are also directed to refund any other excess amount charged from the complainant. We also direct the OPs to pay a sum of Rs.20,000/- as compensation for harassment and Rs.11,000/- as litigation expenses to the complainant. The OPs are directed to comply with this order within a period of 45 days. The parties concerned be communicated the order accordingly, and the file be consigned to the record room, after due compliance.

Announced

  

 

Dated:24.11.2021.    

                                                                    President,

                                                      District Consumer Disputes

                                                      Redressal Commission, Karnal.

       

                        (Vineet Kaushik)               

                              Member