ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 40 of 2020

Yamuna Expressway Industrial Development

Authority (through its Chief Executive Officer)

First Floor, Commercial Complex, P-2

Sector-Omega 1, Greator Noida, Gautam Buddh

Nagar, Uttar Pradesh PIN 201308                   …Appellant.

Versus

Mr. Wilson Paulose K.M., 59 years Old,

S/o Mr. M.P. Kuriakise, R/o 84-H, Pocket

A-2, Mayur Vihar Pase-3, Delhi 110096     .…Respondent.

Present:-

Hon’ble Justice Ashok Kumar, President.

Date  7.9.2021

JUDGMENT

(Delivered by Hon’ble Justice Ashok Kumar, President)

Heard Sri Kushagra Dixit, ld. Counsel holding brief of Sri Prashant  Kumar, Advocate for the appellant.

 In short, the facts of the case are that the respondent has booked a plot on the basis of scheme introduced by the appellant Residential Plot Scheme, 2009. The brochure has been issued in which conditions are mentioned for the prospective buyers.

The respondent has admittedly paid a sum of Rs.1 lac and has deposited the same with the appellant on 4.5.2009. According, to the respondent Mr. Wilson Paulose K.M., who himself is arguing his case, the conditions stipulated in the brochure indicates that the tentative date of the draw was fixed by the appellant, Yamuna Expressway Industrial Development Authority, being 10.8.2009 whereas the said draw has been extended by the appellant and admittedly the draw was held on 23.11.2009. There was no proper intimation provided by the appellant to the buyers who deposited the token amount for participating in the draw.

(2)

          Ld. Counsel for the appellant has submitted that the appellant has provided a payment schedule to all the prospective buyers and the said payment schedule indicates that the allotment money has to be deposited by the prospective buyers on or before 21.1.2010, which was Rs.3,27,500.00. Thereafter, the installments are fixed being 16 in number and the due dates are also mentioned in the payment schedule. A copy of payment schedule has been annexed at page 31 of the paper-book (annexure ‘2’).

          The submission of the ld. Counsel for the appellant is that the date for depositing the allotment money which is fixed as 21.1.2010 has been extended by the appellant Authority and the new date has been fixed being 19.3.2010.

          The respondent submits that no intimation has been given by the appellant Authority to those persons who deposited the money including the present respondent. The respondent has placed reliance on the condition no.6B of the brochure published by the appellant which reads as follows:-

          6B. Extension of Time for making Payment:

           “All payments shall have to be made within the time specified and no extension in time for making payment shall ordinarily be granted. However, in extraordinary circumstances, time for making payment can be extended by the Chief Executive Officer or any other officer authorized by him in this behalf on his satisfaction. Such extension of time, if granted, shall be subjected to payment of an interest @ 14% p.a. compounded half-yearly on the outstanding amount of such extended period as may be granted.”  

 Therefore, the submission of the respondent is that applying the aforesaid condition, the respondent has approached the Chief Executive Officer of the appellant Authority as well as other higher authorities for consideration of the request of the respondent for allotment of the plot of which the area was fixed as 300 sq. meters in the aforesaid scheme.

The respondent has placed reliance at annexure ‘7’ of

(3)

the reply, which is a copy of the letter dated 14.2.2011 addressed to Shri Mohinder Singh, IAS, Chief Executive Officer, Greater Noida.

From the bare perusal of the aforesaid letter, it is crystal clear that the respondent has approached the Chief Executive Officer as indicated in condition no.6B and further by several letters he has again and again approached the Chief Execution Officer and other senior authorities.

The submission of the ld. Counsel for the appellant is that sofar as the availability of the plot is concerned, he is not aware. However, the appellant Authority will definitely consider the claim of the respondent which is based on the condition no.6B in case of availability of the plot.

In view of aforesaid, the instant appeal is disposed of by directing the Chief Executive Officer, Yamuna Expressway Industrial Development Authority to consider the request of the respondent sympathetically and expeditiously in the light of the condition no.6B and if there is any plot available with the appellant Authority, the claim of the respondent be considered within a period of 30 days from the date of production of certified copy of this order and an speaking order has to be passed.

Alternatively, in case, if there is no scope for allotment of the plot to the respondent, the appellant is directed to return the principal amount of Rs.1 lac which has been deposited by the respondent on 4.5.2009 and the interest thereon which will be paid @15% p.a. from the date of deposit till the date of payment.

The amount deposited by the appellant before this Commission be returned to the appellant in accordance with law within a period of 2 weeks from today.

          Certified copy of this judgment be provided to the parties as per rules. 

The stenographer is requested to upload this order on the Website of this Commission today itself. 

                                                          (Justice Ashok Kumar)

                                                               President

Jafri PA II

Court 1