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.223/2012
SH. INDERJIT KAHER
S/O SH. KHEM CHAND KAHER
R/O S-478, GRETER KAILASH PART-I,
NEW DELHI-110048
…………. COMPLAINANT
VS.
M/S PIYUSH COLONISER LTD.,
A-16/B-1, MHAN COOPERATIVE
INDUSTRIAL ESTATE,
MAIN MATHURA ROAD,
NEW DELHI-110044
…………..RESPONDENT
Date of Order: 08.04.2016
O R D E R
A.S. Yadav – President
On 14.11.2007 complainant paid a sum of Rs. 4,12,549/- towards advance registration and booking for 200 sq. plot @ 4590 per sq. yds in the project of OP at “Integrated Township project in Piyush City Bhiwadi”.
For almost three years OP did nothing and OP did not make any correspondence with complaint in respect of status of the plot.
On 31.03.2011 OP issued an allotment letter allotting a residential plot bearing No.C-42 having an area of approx. 224.700 sq. yds. and after one month OP executed buyers agreement.
Thereafter OP started demanding the balance payment from the complainant but complainant asked for possession of the plot so that the payment can be made as the complainant was not aware where the plot exists. Complainant made several visits in this regard but no response was received. On 01.07.2011 complainant received a cancellation letter and it was replied by complainant through email as well as by post also. Complainant further requested the OP to specify the location of the plot No.C-42 so that complainant can make the payment as demanded. Complainant sent a legal notice on 27.01.2012 for restoration of the said plot. In response to the legal notice, OP called complainant telephonically for a meeting and offered to refund the advance amount alongwith 11% interest, which complainant refused. Alternatively OP also offered a plot of 200 yds at Palwal which was also not acceptable to complainant. Hence this complaint was filed on 22.02.2012. It is prayed that OP be directed to restore the cancellation of plot and issue the possession letter and also pay cost of litigation.
OP in the reply took the plea that this Forum has no territorial jurisdiction to entertain the present complaint as the plot in question is situated at Bhiwadi, Rajasthan. On merit it is stated that complainant has failed to honour his obligation towards OP as he has failed to pay the balance consideration despite many reminders sent to him vide letters dated 25.04.2011, 26.05.2011 04.06.2011 and 15.06.2011. Complainant having failed to make the payment and due to continuing breach of obligations, OP was left with no option but to cancel the allotment and accordingly a letter dated 01.07.2011 was sent to complainant whereby he was informed that the allotment of aforesaid plot is being cancelled. Thereafter vide letter dated 13.07.2011, complainant was informed that as the allotment of the aforesaid plot has been cancelled, complaint was called upon to return the original receipts issued in his favour against the allotment/booking so that after deducting 20% on the amount deposited by complaint, the remaining amount can be refunded to him. Complainant has failed to come forward to accept the refund and OP is still ready and willing to pay the said amount to complainant. The plot has already been allotted to some other person and no plots are available in the said project. It is prayed that the complaint be dismissed.
We have heard complainant as well as Ld. Counsel for OP and had gone through the written submissions made by the parties.
So far as the plea taken by the OP that this Forum has no jurisdiction to entertain this complaint is concerned, the plot was booked from Delhi office, allotment letter was issued by the Delhi office and the entire payment was made at Delhi office hence this Forum has got the territorial jurisdiction to entertain the present complaint.
It is not in dispute that the advance registration for allotment of plot measuring 200d sq. yds @ 4590 per sq. yd. was made by complainant in the project of OP on 14.11.2007 and he paid a sum of Rs.4,12,549/-. It is not in dispute that vide letter dated 31.03.2011 complainant was allotted plot No.C-42 in Piyush City, Bhiwadi, Rajasthan and complainant was asked to make further payment of Rs.6,64,635/- by 15.05.2011. it is not in dispute that vide letter dated 25.04.2011 complainant was asked to sign the buyers agreement and the buyers agreement was duly signed and sent to OP vide letter dated 30.04.2011. It is not in dispute that complainant was once again asked to deposit the amount vide letters dated 26.05.2011, 04.06.2011 and 15.06.2011 but complainant has not made the payment. Accordingly vide letter dated 01.07.2011 complainant was informed by OP that they are cancelling the allotment for non payment of amount. In response to this letter, an email was sent by complainant on 06.07.2011 whereby complainant stated that he was surprised and shocked to see the cancellation letter as the allotment letter itself was received after four years and thereafter the amount has been demanded without mention as to when possession will be delivered. He has further asked about the development link payment plan as he was not convinced with the work progress at the site. Thereafter a letter dated 08.07.2011 was sent by complainant to OP mentioning about the email dated 06.07.2011 and about no response being received. The courier receipt is placed on record. It is not clear as to whether the article was delivered to consignee or not. Nevertheless vide letter dated 13.07.2011 the allotment was cancelled and complainant was asked to submit the original receipts so that the amount can be refunded after deduction of 20% of total amount paid by him. This was replied by complainant reiterating the stand taken by him that he has not been issued possession letter. Ultimately a legal notice dated 27.01.2012 was sent to OP.
The only contention of complainant is that he has not paid the amount as he was not shown the location of his plot and there was nothing on the record to show when the possession will be delivered. It is significant to note that the allotment letter was given to complainant on 31.03.2011 and on the same day complainant was informed that as per the payment plan sent to him, he was to further make payment of Rs.664635/- within 45 days from the issue of the letter. The amount was further demanded vide letters dated 26.05.2011, 04.06.2011 and 15.06.2011. Despite receipt of these letters complainant has not made the payment. Even complainant did not bother to give reply to these letters. It is only when his allotment was cancelled 01.07.2011 for non payment of the amount, that the complainant sent an email on 08.07.2011 stating that there was no mention as to when possession of plot will be delivered. The allotment has been cancelled for non payment of the amount. Complainant was under obligation to pay the amount demanded by OP or at least he should have written a letter as and when amount demanded by OP and he wrote the letter only once the allotment has been cancelled. OP vide letter dated 13.07.2011 asked complainant to submit the original receipts so that the amount can be refunded after deduction of 20% of the total amount deposited by him.
It is true that for almost more than three years nothing was done. The booking was made on 14.11.2007 whereas allotment has been made on 31.03.2011 i.e. after more than 3½ years.
OP has categorically stated that the plot has already been sold to somebody else and this fact is not controverted by complainant in his rejoinder. Though complainant has prayed for restoration of the plot in question and for issuance of possession letter but since the plot has already been cancelled for non payment and allotted to somebody else, there is no question of restoration of the plot.
Under these circumstances the only relief this Forum feels appropriate is to direct OP to refund the entire amount received from complainant i.e. Rs.4,12,549/- alongwith interest @ 9% interest from the date of filing of complaint.
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) (A.S. YADAV)
MEMBER PRESIDENT
