Madhya Pradesh

StateCommission

A/15/1126

R.K. SONI - Complainant(s)

Versus

VISHESH KSHETRIYA VIKAS - Opp.Party(s)

SH.SANDEEP GURU

25 Jul 2024

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL

PLOT NO.76, ARERA HILLS, BHOPAL      

 

FIRST APPEAL NO. 1126 OF 2015

(Arising out of order dated 25.08.2015 passed in C.C.No.53/2015 by District Commission, Gwalior)

 

R. K. SONI.                                                                                                           …         APPELLANT.

 

                    Versus

 

SPECIAL AREA DEVELOPMENT AUTHORITY,

GWALIOR THROUGH CHAIRMAN                                                                        …         RESPONDENT.

 

 

BEFORE:

                  HON’BLE SHRI A. K. TIWARI              :      ACTING PRESIDENT

                 HON’BLE DR. SRIKANT PANDEY      :      MEMBER

 

                                      O R D E R

 

25.07.2024

 

     Shri Anurag Maheshwari, learned counsel for the appellant.

     None for the respondent.

 

As per A. K. Tiwari:

    Being aggrieved by the order dated 25.08.2015 passed by the District Consumer Disputes Redressal Commission, Gwalior (for short ‘District Commission) in C.C.No.53/2015 whereby the complaint filed by complainant/appellant has been allowed, the complainant/appellant has filed this appeal.

2.                The facts of the case as narrated by the complainant/appellant (hereinafter referred to as ‘complainant’) are that he had booked two plots admeasuring 600 sq.ft. each in the scheme floated by the opposite party-

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Special Area Development Authority (SADA) and had deposited Rs.20,000/- each as booking amount for both the plots on 28.11.2002 by two different demand drafts. The information regarding allotment of plot had to be communicated by the opposite party-SADA but the same was never communicated by the SADA. After serving legal notice he filed a complaint before the District Commission.

3.                The opposite party SADA in their reply filed before the District Commission submitted that before allotment of plot, the complainant by filing an application sought refund of amount deposited by him and made a request to cancel the allotment. As per Clause 8(10) Chapter-8 of SADA (Counter Magnet) M.P. Rules 1999 after deducting 10% amount from the registration amount cheque for Rs.18,000/- each were sent to the complainant on 24.01.2003 but the complainant did not receive the said cheques. There has been no deficiency in service or unfair trade practice on part of the opposite party-SADA. The complaint is also barred by limitation. It is thus prayed that the complaint be dismissed.

4.                The District Commission while allowing the complaint directed the opposite party to pay to the complainant Rs.36,000/- (Rs.18,000/-for

 

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each plot) with interest @ 8% from the date of filing of complainant till payment. Costs of Rs.1,200/- is also awarded.

5.                Heard learned counsel for the appellant. Perused the record.

6.                Learned counsel for the complainant/appellant argued that the District Commission has erred in coming to a conclusion that the complainant is not a consumer. The District Commission did not consider that the opposite party has committed deficiency in service in not allotting the plots to the complainant whereas the complainant was entitled to relief of allotment of plots in question and the District Commission erred in not allowing the complaint to this extent. He argued that the District Commission ought to have taken into consideration the conduct of the opposite party before passing the impugned order. The impugned order is based on conjectures and surmises rather than on concrete facts. It is therefore prayed that by allowing this appeal his complaint be allowed in toto.

7.                Having heard learned counsel for the appellant and having gone through the record, we find that the complainant by depositing Rs.20,000/- each as booking amount booked two plots admeasuring 600 sq.ft each.  Before allotment of plots, the complainant by letter dated

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30.12.2002 made a request for cancellation of allotment of plots and for refund of Rs.20,000/- each deposited towards plots.

8.                The opposite party-SADA pleaded that the opposite party as per rules of SADA after deducting 10% from the amount deposited prepared cheque for Rs.18,000/- each towards refund to the complainant but the complainant did not receive the same. The District Commission directed the opposite party to refund Rs.36,000/- towards two plots with interest.

9.                By filing this appeal, the complainant sought allotment of plots. Once the complainant himself made an application for cancellation of allotment of plots and for refund of booking amount, how can he get the plots, more particularly when he had deposited only booking amount and not the full cost of the plots. At least he is entitled to get refund of booking amount after certain deduction as per rules of SADA. In such circumstances, the District Commission has rightly directed the opposite party to refund Rs.36,000/- booking amount of two plots with interest @ 8% p.a. from the date of filing of complaint i.e. 30.01.2015 till payment.

10.              During arguments, learned counsel for the appellant submitted that at least the interest ought to have been awarded from the date of

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cancellation of plots instead of the date of filing of complaint. Considering the aforesaid facts and circumstances of the case and the material available on record, we find that it is the discretion of the District Commission to award interest from the date as it deems fit. We do not find any ground to interfere with the same.

12.              In view of the above discussion, we do not find any ground to interfere with the findings recorded by the District Commission in the impugned order. Accordingly, the impugned order is hereby affirmed.

13.              In the result, this appeal being devoid of any merit is hereby dismissed. No order as to costs.

 

                    (A. K. Tiwari)                      (Dr. Srikant Pandey)  

                 Acting President                                Member