Delhi

New Delhi

CC/03/2011

Rakesh Kumar - Complainant(s)

Versus

M/S. TANEJA DEVELOPERS & INFRASTRUCTURE LTD - Opp.Party(s)

03 Dec 2019

ORDER

 

 

                                       

 

                                 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-VI

                       (DISTT. NEW DELHI),

                                       ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                NEW DELHI-110001

 

 

    Case No.C.C./03/2011                                                                                     Dated:

 

                           Rakesh Kumar

                          S/o Sh. R RSaini

                         R/o  2052, Sector-7

                         Urban  Estate, Karnal – 132001

                         Haryana                                                                                                                 ……  Complainant

 

Versus

 

 

                        TDI  Infrastructure Ltd

                        Head Office  : 9, Kasturba Gandhi Marg, New Delhi and

      G -7, Ground  floor , Connaught Circus

      Opposite Madras Hotel Block

      New Delhi                                                                                                                …….Opposite Party

     ARUN KUMAR ARYA – PRESIDENT

                                                                                    ORDER

                  The brief facts of the case are that the complainant purchased  a plot no. E- 177 at         measuring 244.25 square yards in the OP’s project name TDI city Kundli, District Sonepat from one Sh. Ram Chand on 08/08/2008 and all the payments have been made  to the owner of the said  plot  or promoter of the city including  the External Development Charges of Rs. 3,06,290/- as per the statement of account dated 20/10/2008. The OP demanded a sum of Rs. 44,204/- as outstanding amount towards External Development Charges@ 1254 per square yard alongwith  interest for delayed payment which has not been questioned in the present complaint. It is stated that the Government of Haryana enhanced the EDC charges with retrospective effect and a demand of Rs. 99776 /- ( Rs. 408.50/-  per square yard ) was raised  for making payment  till 09/07/2009  and delay will attract interest  at the rate of 18% per annum. It is stated that  OP has raised the demand and did not provide the clarifications vide complainant’s letter dated 27/07/2009, 30/08/2009, 14/12/2009, 01/02/2010  and 15/02/2010, it was orally informed  that the enhanced EDC  calculated @ Rs. 408.50 per square yard with interest @ 18% has to be paid as directed by the Directorate of Town & Country Planning Haryana, Chandigarh vide Memo No. LC 722/2008/12093 dated 15/12/2008. Since no clarifications/ information was provided by the OP despite repeated articles complainant filed RTI application to the Directorate of Town & Country Planning ( DTCP) Chandigarh, Haryana  on 23/09/2009. The public information of Directorate of Town & Country Planning responded to the RTI application and also informed the complainant that certain information was required  from the OP which have not been furnished and accordingly a show cause notice was also issued. Prayer for refund of the enhanced External Development Charges(EDC) of Rs. 99,775/-, interest @18% levied on enhanced EDC Rs. 11809/- and  interest @ 18%  on the amount  i.e. Rs. 111584/- (enhanced EDC i.e. Rs. 99775/- +interest paid on question enhanced  EDC i.e. Rs. 11809 = Rs. 111584) has been made.

The OP was initially proceeded ex-parte after granting number of opportunities  to file written statement. However, the said order dated 25/02/2013 was set aside by the Hon’ble State Commission  and the written statement was allowed to be filed by OP.

The complainant had already filed ex-parte evidence which was adopted after filing of the written statement by the OP.

Both the OP also filed evidence by way of affidavit. They also addressed oral arguments.

We have considered the material placed before us and the submissions to the parties.

The entire issue remains confined to the demand of enhanced External Development Charges as stated and admittedly issued  by the Directorate of Town and Country Planning, Chandigarh, Haryana. The amount of Rs. 44,204/- has not been disputed by the complainant. The complainant stated to have paid the entire EDC charges at the time of purchasing  of the plot from the original  allotee i.e. much before the said demand. However, the demand was raised  by the OP to the tune of Rs. 99,776/- has been wrangled. The said amount of Rs. 99,776/- was later paid by the complainant as per the letter dated 09/03/2010 but  under protest.

In our considered view the builders and the  allotees have to meet  the requirements and the demands raised by the Government agency/ Stuatory bodies. The quantum of amount of enhanced EDC charges demanded by the OP ought to be conforming  to the demand raised by the  Directorate of Town and Country Planning, Chandigarh, Haryana. The complainant has filed reply to an RTI application which indicates that some clarifications/ documents were called for  by the DTCP from the OP. The inter-se communications  of the Directorate of Town & Country Planning, Chandigarh, Haryana and OP do not have  any impressive impact on the present proceedings/ complaint  since no concrete outcome/ decision appears to have emerged  there from.

Since, the amount of EDC payable  by the OP  after collecting from allotees of the plot holders had to be deposited with the Directorate of Town & Country Planning (DTCP) Chandigarh, Haryana. Therefore, claim of  the refund of the  amount of enhanced EDC  by the complainant is rejected.

In             view of above, the complaint is dismissed with no orders as to cost.

Copy of the order may be forwarded to the parties to the case

                                        free of  costs statutorily required. 

Announced in open Forum on  03/12/2019.

The orders be uploaded on www.confonet.nic.in

File be consigned to record room.

 

 

 

                                                                   (ARUN KUMAR ARYA)

                                                                           PRESIDENT

                                  (NIPUR CHANDNA)                                                                                                 (HM VYAS)

                                 MEMBER                                                                                                                     MEMBER