State Consumer Disputes Redressal Commission
Taneja Developers & Infrastructure ... vs Om Prakash Chauhan on 4 May, 2017
Daily Order IN THE STATE COMMISSION: DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Date of Decision: 04.05.2017 First Appeal No. 126/2012 (Arising out of the order dated 23.11.2011 passed in Complaint Case No. 1534/2009 by the District Consumer Disputes Redressal Forum (New Delhi) M Block, Ist Floor, VikasBhawan, I.P.Estate New Delhi) In the matter of: M/s Taneja Developers & Infrastructure Ltd. Through its Authorized Representative Having its place of Business At: 10, ShaheedBhagat Singh Marg Gole Market New Delhi-1 .........Appellant Versus Sh. Om PrakashChauhan S/o Late Sh. Jai Singh Chauhan R/o House No. 25 Village Palla Delhi-110036 ..........Respondent CORAM N P KAUSHIK - Member (Judicial) 1. Whether reporters of local newspaper be allowed to see the judgment? Yes 2. To be referred to the reporter or not? Yes N P KAUSHIK - MEMBER (JUDICIAL) JUDGMENT
Appellant i.e. M/s Taneja Developers & Infrastructure Ltd. has filed the present appeal against the orders dated 23.11.2011 passed by the Ld. District Forum VI VikasBhawan New Delhi. Parties hereinafter shall be referred to by their original status in the complaint. Complainant Sh. Om Prakash admittedly booked one plot with M/s Taneja Developers & Infrastructure Ltd. i.e. the 'OP' by paying an amount of Rs. 4,37,500/- in December 2005. Case of the complainant is that he kept on waiting for a response from the OP for allotment of a particular plot uptil 2008. Complainant wrote letters dated 28.05.2008 and 30.06.2008 calling upon the OP to cancel the booking and refund him the booking amount alongwith interest @ 18% p.a. Defence raised by the OP was that the complainant failed to abide by the schedule of payment agreed to between the parties.
Ld. District Forum allowed the complaint observing that the OP failed to explain the silence on his part to the letters dated 28.05.2008 and 30.06.2008. Ld. District Forum also observed that the OP failed to indicate any plot number on its alleged letter of demand. OP also did not place on record any formal agreement before raising any demand. Appeal has been preferred on the grounds inter-alia that the complainant was well aware of the terms and conditions of the allotment. Complainant has not approached the OP for non-compliance of the said conditions. Next contention of the OP is that the Ld. District Forum fell in error in observing that the schedule of payment was not placed on record by the OP.
I have heard at length the arguments addressed by the counsel for the appellant/OP Sh. VaibhavAgnihotriAdvocate and the Counsel for the Respondent/Complainant Sh. ArunChauhan Advocate.
Both the parties have admitted the letter dated 03.12.2005, called a registration form. The said letter is reproduced below:
"I/We wish to register for allotment of a residential plot of size 350 sq. yds. in your future township project. I/We am/are enclosing herewith Cheque/Draft pay order No. 129800 dated 03-12-2005 for Rs. 4,37,500/- (Rupees four Lac thirty seven thousand five hundred only) drawn on The Delhi NagrikSehkari Bank Ltd. which may please be treated as registration deposit, subject to the following conditions:-
That your offer of allotment for a residential plot in your future scheme(s) shall be made to me/us on or after 6 months of my registration application made herein.
That the said registration deposit paid by me/us would be adjusted against the booking amount payable by me/us as and when your offer of allotment for a residential plot is made to me/us.
In case the company is not in a position to make offer of allotment for a residential plot within a period of 6 months from the date of my/our application, we shall have the right to withdraw the money and ask for refund by giving 30 days notice along with interest calculated @ 15% p.a. from the date of payment of registration deposit.
Residential status: I/We/ am/are a Resident/Non-Resident Indian.
I am/We are Income Tax Assessee in Ward No. ________ /Distt. No. _______ and the PAN No. is ___________."
Perusal of the abovesaid letter shows that the offer of allotment was required to be made by the OP after six months of the registration application. It was thereafter that the amount received at the time of registration i.e. Rs. 4,37,500/- was to be adjusted against the booking amount. Plea of the OP that the complainant did not adhere to the payment schedule, does not inspire confidence for the reason that the letter dated 03.12.2005 does not show if any payment schedule was agreed to between the parties. The letter also does not find any mention of such schedule. On the contrary, the clause (c ) of the abovesaid letter entitled the complainant for seeking refund of money alongwith interest @ 15% p.a., in the event of the failure of the OP to make an offer of allotment. Admittedly no formal offer of allotment was ever made by the OP to the complainant. For these reasons, I am of the considered opinion that the impugned orders do not suffer from any infirmity or illegality. Appeal is hence dismissed.
Copy of the orders be made available to the parties free of costs as per rules and thereafter the file be consigned to Records.
(N P KAUSHIK) MEMBER (JUDICIAL)