Delhi

North East

CC/109/2018

Sh. Praveen Kumar - Complainant(s)

Versus

Yamuna Expressway Industrial Development Authority - Opp.Party(s)

06 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 109/18

 

		Shri Praveen Kumar, S/o Shri Ram Pal Singh, R/o 21-D, Pocket F, MIG Flats, GTB Enclave, Delhi 110093		Complainant
		Versus
		M/s Yamuna Expressway Industrial Development Authority, First Floor, Commercial Complex, Block P-2, Sector- Omega 1, Greater Noida, District-Gautam Budh Nagar, U.P 201308		Opposite Party
			DATE OF INSTITUTION:      JUDGMENT RESERVED ON:                        DATE OF ORDER:		04.06.2018 20.12.2023 06.02.2024

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

ORDER

Surinder Kumar Sharma, President

The Complainant filed the present complaint under Section 12 of the Consumer protection Act, 1986.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant had applied for the residential plot vide form no. IHD07702460 with the Opposite Party. Complainant was allotted plot no. 256 area measuring 120 sq. meters in Block C of Sector 17 of Yamuna Expressway Industrial Development Authority along with the Yamuna Expressway under Residential Plot Scheme RPS03/2016 launched by the Opposite Party. It is his case that he deposited Rs. 94,750/- to the Opposite Party as registration money. Complainant stated that he submitted an application dated 25.05.2016 to the Opposite Party to surrender the said plot as the location of the said plot was not suitable and requested for the refund of the registration amount but Opposite Party has failed to refund the registration amount till date despite his reminders dated 31.08.2016 and 31.10.2016. Complainant also sent a legal notice on 09.08.2017 to the Opposite Party but Opposite Party has failed to refund the registration amount till today. Hence, this shows the deficiency of service on the part of Opposite Party. Complainant has prayed for the refund of the registration amount i.e. Rs. 94,750/- along with interest @ 24 % p.a. from the date of receipt of the registration money. Complainant also prayed for Rs. 1,00,000/- as damages and Rs. 15,000/- as the cost of the proceedings.

Case of the Opposite Party

2. The Opposite Party contested the case and filed its written statement. It is stated that the Complainant has applied for the allotment of residential flat and deposited the registration amount of Rs. 93,750/-. It is stated that plot    no. 256 Block C Sector 17 was allotted to the Complainant. It is stated that the Complainant did not deposit the balance payment as per the terms and conditions of the allotment. It is stated that as per the terms and conditions of the allotment of the flat the Complainant is not entitled for any refund of amount. It is prayed that the complaint may be dismissed.

Rejoinder to the written statement of Opposite Party

3. The Complainant filed rejoinder to the written statement of Opposite Party wherein the Complainant has denied the pleas raised by the Opposite Party and has reiterated the assertions made in the complaint.

Evidence of the Complainant

4. The Complainant in support of his complaint filed his evidence by way of affidavit wherein he has supported the averments made in the complaint.

Evidence of the Opposite Party

5. In order to prove its case, Opposite Party has filed affidavit of Sh. Manish Bhati, wherein the averments made in the written statement of Opposite Party have been supported.

Arguments & Conclusion

6. We have heard the Ld. Counsel for the Complainant and Ld. Counsel for the Opposite Party. We have also perused the file and the written arguments filed by the Complainant and Opposite Party. The case of the Complainant is that he has applied for allotment of a residential flat and deposited Rs. 94,750/- as registration fee. His case is that one plot of 120 sq. meters was allotted to him but the location of the said plot was not suitable and therefore he applied for cancellation of the allotment and requested for the refund of the registration amount deposited by him.
7. On the other hand, the case of the Opposite Party is that there is no provision for refund of the registration amount to the applicant to whom the plot has been allotted. It is the case of Opposite Party that the registration amount is adjusted in the value of the plot, in case plot is not allotted to any person his/her registration amount is refunded.  It is the case of Opposite Party that in case the allottee deposits part payment in respect of the value of the plot after its allotment, on the request of the allottee the allotment of the plot can be cancelled and the amount deposited by the allottee subsequent to the allotment of the plot can be refunded to the allottee. It is the case of the Opposite Party that the registration amount of the plot can never be refunded to the allottee in any case.
8. Admittedly, allotment cum intimation letter dated 25.05.2016 was issued to the Complainant by the Opposite Party whereby the Complainant was intimated regarding the allotment of the plot to him and in the said letter the value of the plot and due date for the payment was also mentioned. Point 6 of the said allotment letter reads as  “Allotment money shall be payable within 60 days from the date of issue of allotment letter. In case the allottee fails to deposit the allotment money within this period, the allotment will be liable for cancellation and the Registration Money deposited will be forfeited in favour of the Yamuna Expressway Industrial Development Authority.”
9. The above mentioned allotment cum intimation letter was received by the Complainant. As per point 6 of the said letter the Complainant was required to deposit the allotment money within the prescribed period otherwise the allotment was liable to be cancelled and the registration money deposited by the allottee had to be forfeited in favour of the Yamuna Expressway Industrial Development Authority.
10. Admittedly, in the present case the Complainant did not deposit any allotment money with the Opposite Party after the plot was allotted to him. Therefore, as per the contents/terms of the above mentioned allotment cum intimation letter the registration money deposited by the Complainant was forfeited by the Opposite Party.
11. The case of the Complainant is that he requested for cancellation of the allotment of the plot as the location of the plot was not suitable. The Complainant has failed to show any rule/regulation under which the Complainant was entitled for cancellation of the plot in case the location was not suitable.
12. In view of the above discussion, we are of the considered opinion that the Complainant has failed to prove his case. The complaint is therefore dismissed. No order as to costs.
13. Order announced on 06.02.2024.

 

Copy of this order be given to the parties free of cost.

 

File be consigned to Record Room.

 

(Anil Kumar Bamba)          Member

(Adarsh Nain) Member

(Surinder Kumar Sharma) President