Delhi

New Delhi

CC/758/2014

Ram Chander Kalra - Complainant(s)

Versus

M/S. Alliance Nirman Ltd. - Opp.Party(s)

03 Jun 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

        Case No.CC/758/2014                                                                                                     Dated:

        In the matter of:

RAM CHANDER KALRA

S/O SH. HEMRAJ KALRA

R/O A-34, 1^ST FLOOR, MANIKVIHAR,

TILAKNAGAR,

NEW DELHI – 110 018                                                                                                                                  …………………Complainant

Versus

 

1. M/s Alliance NirmanLtd.,

       Through its Director,

       513-516, NARAIN MANZIL,

      23, Barakhamba Road,

      New Delhi – 110 001      

                

2. Sh. Arvinder Singh ,CMD

      M/s Alliance Niramn Ltd.,

 

3. Sh. Yuvraj Singh , JMD

    M/s Alliance Niramn Ltd.,

 

4. Sh. Satbir Singh , DMD

       M/s Alliance Niramn Ltd.,

 

 

 

All above having address at

 

513-516, NARAIN MANZIL,

23, Barakhamba Road,

New Delhi – 110 001

342.  

324-325, 3^RD FLOOR, VARDHAMAN,

 BAHNHOF PLAZA,

POCKET-7, PLOT NO.10,

 SEC-12, DWARKA,

NEW DELHI-75                               

……………………….Opposite Parties

ORDER

 

MEMBER:NIPUR CHANDANA

 

Complaint under  Sec.12 of the CPA 1986 as amended upto date

 

Ms.NipurChandna, Member

        Complainant booked one plot in the project of the OP named as “Cedar High Premium”, at Rudurpur , Uttarakhand  and deposited a sum of Rs. 2,25,000/-  vide receipt no. 0847 dt. 15.09.2006. The opposite party assured the complainant that possession of the plot will be given within fifteen months.

It is alleged by the complainant that in the month of November 2007 OP approached him and requested that due to some major changes, OP was not in a position to handover the plot and convinced him to purchase the flat with the total sale consideration of Rs. 9,99,000/-  and at that time only 15 %  of the amount was to be paid and rest at the time of the offer for possession.

In order to save his hard earned money complainant executed an “Application for Transfer” and also deposited further payment of Rs. 2,50,000/- with the OP.  Thereafter opposite party converted the said booking of plot in the flat vide flat no. B – 404, 4^th Floor, Cedar High Classic, city One ,Rudurpur, Uttarakhand admeasuring 74.02 Sq. mtrs for a total sale consideration of Rs. 9,99,000/- vide allotment  certificate dt. 11.11.2008. The opposite party also executed the Agreement to sell in favour of the complainant and duly acknowledged the payment of Rs. 4.75,000/- and also assured to deliver the possession within 15 months.

        It is alleged by the complainant that the OP  never informed him about the date of possession  despites  reminders issued in the months of March 2010, December 2010 and many times in the year 2011, 2012,and 2013, hence Complainant finally issued legal Notice dt.03.05.2014 upon the OP demanding a refund of an amount of Rs. 4,75,000/- along with interest @ 15 % p.a. and in compliance of the said notice opposite party sent him two post dated cheques of Rs. 2.50.000/- and Rs. 2,25,000/- dt. 20.07.2014 and 20.08.2014 respectively, but failed to pay the interest on the principal amount as agreed by it.  Hence this complaint.

           Notice of the complaint was sent to the OPs through Regd. AD post for 14.01.2015.  Since none appeared on behalf of the OPs they were ordered to be proceeded with exparte.

     In his exparte evidence, the complainant has filed his evidence by way of  affidavit wherein he has corroborated the contents of the complaint.

          We have heard arguments advanced at bar and have perused the record.

     The complainant has placed on record, a copy of application for transfer, copy of the Allotment Certificate and Agreement to sell Copy of the Receipt NO. RN00076 dt.22.11.2007 ,copies of receipt no. 188 and 206 dt. 03.12.2007 and 18.12.2007 respectively, copy of the legal notice dt. 03.05.2014 along with the copies of cheques dated 20.07.2014 and 20.08.2014 sent by the OP, to prove his case.  

     The complainant has alleged in his complaint that the OP had arbitrarily sent him the cheque dated 20.07.2014 and 20.08.2014  for an amount of Rs.4,75,000/- without calculating the interest accrued, as per the terms and conditions of the agreement to sell.

It is alleged by the complainant that the aforesaid amount was never acceptable to him and he had made several requests to the OP to pay the interest accrued on the amount deposited by him, but no response was given by the OP to his request.  The complainant had however, failed to place on record any documents/protest letters to prove his aforesaid submission.   On the other hand, the complainant had en-cashed the above said cheque, meaning thereby that he had received the amount in full and final settlement and therefore no further cause of action arose in his favour to re-open his claim.  If the payment of Rs.4,75,000/-  was not acceptable to the complainant then he should not have en-cashed the cheque and rather should have returned the same to the OP or in the alternative enchased, the cheque without prejudice to his rights and intimating OPs about it in writing.  The complainant having en-cashed the cheque had lost his character as a consumer entitled to receive any further amount from OPs.

              A similar view was taken by Hon’ble National Commission in the case of Haryana State Co-operative Supply and Marketing Federation Ltd., Jind V/s IFFCO Tokyo General Insurance Company Ltd. through its Manager Revision Petition No. 4713 of 2012  wherein it was held that:-

     The petitioner cannot be allowed to accept the offer of the respondent only in part which suited their convenience and reject the condition subject to which offer was made.

       In view of the aforesaid judgment and the documents placed on record, we are of the considered opinion that the complainant by his own conduct his forfeited his right to plead that he had not accepted the offer in full and final settlement of his claim against the OP. 

     In the light of above discussion we find no merits in the complaint.  The same is hereby dismissed

         This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

File be consigned to record room.

Pronounced in open Forum on  03.06.2016

 

 

(S K SARVARIA)

 PRESIDENT

(H M VYAS)             (NIPUR CHANDANA)

                                                                 MEMBER                          MEMBER