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.644/2013
SMT. RUCHI SATYARTHI
W/O SH. J.P. SATYARTHI,
R/O 510, 1ST FLOOR, C& D-BLOCK, PKT-1,
SHALIMAR BAGH, DELHI
…………. COMPLAINANT
VS.
M/S SUPERTECH LTD.
1114, 11TH FLOOR, HEMKUND CHAMBERS,
89, NEHRU PLACE, DELHI-110019
………….. RESPONDENT
Date of Order: 24.05.2016
O R D E R
This order shall dispose of an application moved by OP for dismissal of the complaint.
In brief complainant has booked a flat in the project of OP and the total cost of the flat was Rs.28,01,775/-. The project could not be completed as the acquisition process was quashed by the Hon’ble Allahabad High Court and the same was upheld by the Hon’ble Supreme Court. Complainant paid a sum of Rs.5,68,332/- to OP towards the part payment in respect of the aforesaid flat. That entire amount was refunded by OP vide letter dated 05.08.2013. Alongwith that letter a cheque was sent for the aforesaid amount. That cheque as per this letter was towards full and final payment and that cheque has been encashed by complainant in September 2013. Thereafter this complaint has been field on 16.12.2013 claiming therein interest as well as compensation. The contention of complainant is that on 22.10.2011, he has agreed to accept the alternative offer of allotment of flat in the other project of OP.
We have gone through the record carefully.
The letter dated 05.08.2013 is reproduced as under:-
“Dear Sir/Madam
This is to inform you that Hon’ble Supreme Court of India in the matter of Grater Noida Industrial Development Authority V/s Devendra Kumar & Ors. (SLP NO.16366/2011) and batch has confirmed the judgment and final order of Hon’ble Allahbad High Court vide which acquisition process of the land in Village Shahberi, Pargana Dadri, Distt. Gautam Budh Nagar, UP was quashed.
Since, the acquisition of the aforesaid land had been quashed, all the third party rights created on the said land would also be cancelled/terminated and the acquired land including our project land falling in Shahberi village would also be revert to original land holders.
In view of the aforesaid legal position, your provision/allotment of the flat falling in the Shahberi village stands cancelled.
Therefore, the refundable amount is being returned herewith vide cheque no.425753, dated 21.06.2013 for sum of Rs.568332/- drawn on HDFC Bank, issued in favour of Sh./Smt. Ruchi Satyarthi(Main Applicant) as full and final amount against the cancellation of provisional booking of the said flat/unit.
Please take note that the aforesaid amount sent to you is the full and final payment against the cancellation of the said booking and after that, there will lie no claim of whatsoever nature against the company.”
It is significant to note that it is specifically stated in the letter that the aforesaid amount has been sent towards full and final payment against cancellation of said booking and after that there will lie no claim of whatsoever nature against the company.
Complainant has admittedly encashed the said cheque and thereafter no cause of action arises for filing of the present complaint.
It is useful to refer to the case of Bhagwati Prasad Pawan Kumar Vs Union of India (2006) 5 SCC 311 – wherein it was concluded that the encashment of the cheques amounted to acceptance of the amount in full and final settlement of the claim. It was further laid down by the Hon’ble Apex Court that the protest and non-acceptance must be conveyed before the cheques were encashed and if the cheques were encashed without protest, then it must be held that the offer stood unequivocally accepted and offeree cannot be permitted to change his mind after unequivocable acceptance of the offer.
In view of the law discussed above, the application stands dismissed.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
