CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.452/2013
SH. K.K. BHASIN(HUF),
GA-11 SHIVAJI ENCLAE,
RAJOURI GARDEN,
NEW DELHI-110027
…………. COMPLAINANT
Vs.
M/S LAND ASIA INFRASTRUCTURE LTD.,
REGISTERED OFFICE:-
204-206, UNIVERSAL CHAMBERS,
48, COMMUNITY CETNRE,
NEW FRIENDS COLONY, NEW DELHI
THROUGH ITS DIRECTOR
…………..RESPONDENT
Date of Order: 21.10.2016
O R D E R
A.S. Yadav – President
The complainant booked a plot measuring 200 sq. yards in the project of OP at Dehradun and paid a sum of Rs.1,95,000/- vide receipt dated 14.02.2006. The important terms and conditions as stated at the back of the registration form are:-
“(1) Allotment against registration may be made in approximately
eight months from the date of registration.
- In case, due to any reason whatsoever if company cannot allot the Flat/Villa/Kothi/Plot the company will refund the registration amount with simple interest at the rate of 10% p.a. interest will be paid on the registration amount for the period exceeding over 8 months from the date of registration. No further claims will be entertained regarding this matter.
(5) In case of cancellation of the registration by the applicant the total amount paid shall be refunded after deducting an administrative charge as to be decided by the company.”
The OP did not make any allotment within eight months as mentioned and illegally and unlawfully demanded further payment of Rs.1,11,128/- and the same was deposited hence in all complainant made total payment of Rs.3,06,128/-. Vide letter dated 13.6.07 OP informed that they have obtained approval from DVSADA Dehradun. On 13.02.09 letter of provisional allotment was sent but the same was not signed by anyone. In fact OP was playing fraud and complainant was constrained to send legal notice dated 10.6.13. The same was replied by OP vide letter dated 08.07.13 wherein it was stated that the allotment was cancelled on 24.04.10 and it was further stated that the complainant is free to seek refund of the amount after deduction of administrative charges @ 15% from the total cost of the plot. It is stated that it is a case of deficiency in service on the part of OP. It is prayed that the OP be directed to refund the amount of Rs.3,06,128/- alongwith 10% interest from the date of deposit of the amount as well as damages to the tune of Rs.1 lakh.
OP in its reply took the plea that the present complaint is barred by limitation as the allotment was cancelled vide legal notice dated 26.4.10. Therefore, the cause of action, if any, arose on that day whereas the present complaint has been filed on 03.09.13 beyond the period of limitation. It is submitted that complainant booked a plot on 29.01.06 and the complainant was informed about the approval of the project by OP vide letter dated 13.06.07. OP vide letter dated 05.12.07 informed the complainant regarding allotment of plot and further intimated that allotment shall be done on 16.12.07 at Hotel SANGIA-LA, 19 Ashok Road, New Delhi and thereafter plot no.D-17 has been allotted to the complainant on 16.12.07 which was duly accepted by the complainant and thereafter complainant deposited an amount of Rs.1,11,128/- on 17.12.07. Thereafter complainant has not made any payment in respect of aforesaid plot. Complainant was sent the allotment letter with request to send the duly signed copy to the OP, however, complainant with malafide intention has not signed the allotment letter nor sent back the same to the OP. Vide letter dated 03.6.09 OP called the complainant to take physical possession of the plot, however, complainant has not come forward either for making the payment or for taking the physical possession of the plot after making payment in terms of letter dated 03.06.09. It is stated that the OP is within its right to deduct administrative charges from the amount deposited by the complainant. It is stated that there is no deficiency in service on the part of OP. It is prayed that the complaint be dismissed.
In rejoinder complainant has denied the receipt of letter dated 26.04.10 regarding cancellation of the allotment.
We have heard Ld. Counsel for the parties and carefully perused the record.
So far as limitation part is concerned, there is no question of complaint being barred by limitation. It is significant to note that it is the complainant who has served a notice on OP dated 10.06.13 which was subsequently amended vide letter dated 03.07.13 and that notice was duly replied by OP vide letter dated 08.07.13 whereby OP has informed that the allotment was cancelled on 24.04.10. OP has not placed anything on the record to show that the legal notice dated 26.04.10 informing about the cancellation of allotment was ever served on the complainant. Complainant has denied about the service of letter dated 26.04.10. Moreover, in its reply dated 08.07.13, OP has offered complainant for the refund of the amount deposited by him after due deduction of administrative charges @ 15% from the total cost of the plot. Complaint is very much within limitation.
Simply because after allotment of the plot on 16.12.07, certain amount has been deposited by the complainant on 17.12.07, does not mean that OP has been absolved of his obligation to make the allotment within eight months from the registration. In the registration form it is specifically stated that if the company fails to make the allotment within the stipulated period, then the company will refund the amount with simple interest @ 10%. So far as clause in the registration form that “if cancellation of registration is sought by the complainant then the amount shall be refunded after deduction of administrative charges as to be decided by the company” is concerned, such a clause is against the public policy. In fact no agreement has taken between the parties so far. OP has clearly in its reply stated that complainant is at liberty to seek refund of the amount. There is no question of deduction of administrative charges.
OP is directed to refund a sum of Rs.3,06,128/- alongwith interest @ 10% p.a. from the date of deposit of the amount as well as Rs.5000/- for compensation and Rs.5,000/- for litigation expenses.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (RITU GARODIA) (A.S. YADAV)
MEMBER MEMBER PRESIDENT
