Haryana

StateCommission

A/472/2016

PARSVNATH DEVELOPERS - Complainant(s)

Versus

KAMAL - Opp.Party(s)

ASHWANI TALWAR

03 Apr 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA.

 

                                                First Appeal No.472 of 2016

                                                          Date of Institution: 25.05.2016                         Date of Decision: 03.04.2017

 

Parsvnath Developers Limited A company registered under the provisions of The Companies Act, 1956; Having its registered office at Parsvnath Tower, Near Shahdara Metro Station, Shahdara,Delhi 110032, (Through its Authorised signatory Mr. R.C.Gupta General Manager)

Corporate office at 6^th Floor, Arunachal Building, 19, Barakhamba Road, New Delhi 110001.

…..Appellant

                                      VERSUS

Kamal Singh S/o Budh Ram, r/p D-8, DCR University of Science & Tech. Murthal, Distt. Sonepat.

          …..Respondent

 

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.                                   

For the parties:  Mr.Ashwani Talwar, Advocate counsel for the appellants.

Mr.B.S.Rathee, Advocate counsel for the Respondent.

 

O R D E R

 

R.K.BISHNOI, JUDICIAL MEMBER :-

     Respondent filed complaint No.165 of 2014 requesting to direct appellant-Opposite Party (O.P.) to issue allotment letter about a plot booked by him.

2. Appellant-O.P. controverted his averments and requested to dismiss complaint.

3.  Vide order dated 12.05.2015 the complaint was allowed by District Consumer Disputes Redressal Forum, Sonepat (In short “District Forum”) and O.P. was directed to issue allotment letter about the plot.  When that order was not complied with he filed execution  petition as provided under section 25 read with section 27 of the Consumer Protection Act, 1986 (In short “Act”) and O.P.-appellant allotted a plot to him at Rajpura. Thereafter complainant filed application to direct O.P. to allot residential plot in project being development at Sonepat and that request was accepted vide impugned order dated 01.03.2016.

4.                Feeling aggrieved therefrom O.P. has preferred this appeal on the ground that at the time of booking no assurance was given to allot plot at Sonepat. He booked plot in the future project, which may come up anywhere. So District Forum was not competent to give direction to allot plot at Sonepat.

5. Arguments heard. File perused.

6.  Learned counsel for the appellant vehemently argued that from the perusal of clause A of his application it is clear that he booked plot in future projects, may be developed anywhere and not to be developed at Sonepat only.  According to agreement plot has been allotted to him at Rajpura and district forum committed an error while directing to allot plot at Sonepat, so the same be set aside.

7. This argument is devoid of any force. After booking plot, O.P. sent letter EX.C-2 dated 07.12.2005 to allot plot at Sonepat. For ready reference the relevant portion of that letter is reproduced  as under:-

“To

          Mr. Kamal Singh Dhillon (K0071)

          D-8, C.R. College of Engineering

          Murthal.

Dear Sir/Madam

Re     :         Registration for P & F Project.

With  reference to your registration for allotment in our P & F projects, we  are pleased to inform you that we will be shortly offering to you a residential plot in our proposed township at Sonepat.  In order to enable us to enlist your name in priority for allotment, we request to remit to us a further sum of Rs.395000.00 by 22 December 2005.”

8. After receiving this letter complainant deposited that amount. It shows that O.P. offered him plot at Sonepat against  the deposit of aforesaid amount. Offer given by O.P. was accepted by the complainant. So O.P. is bound to allot plot at Sonepat and  cannot get out  of it’s own letter. So impugned order dated  12.05.2015 cannot be disturbed and the appeal is hereby dismissed.

April 3rd, 2017

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Member Addl.Bench

S.K.