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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
V.K. Jain, Presiding Member
Shashi Bala Mittal and Anr. —Complainants
versus
Director, Local Government,
Department of Local Government
and Anr. —Opp. Parties
Consumer Case No.3351 of 2017
Decided on 13.11.2020
Consumer Protection Act, 1986—Section 2(1)(g) : [Consumer Protection Act, 2019—Section 2(11)]—Allotment of plot—Physical possession—Lack of infrastructures facilities—Refund of amount—Physical possession of the plot which the complainant had booked for the purpose of earning their livelihood, with basic infrastructural facilities was not delivered to them—Case of complainants is that though possession was offered on 31.3.2016, they could not have accepted the same since even the basic infrastructure such as construction of roods and laying of sewerage and water lines had not been done by opposite party—Since complainants have already waited for more than 7 years, they cannot be compelled to wait further for the possession of the plot which was also he to them wayback in the year 2013—Thus, opposite party no.2 directed to refund the entire amount received by it from complainant with interest @ 9% p.a. (Paras 6 to 9)
Result: Complaint allowed.
ORDER (ORAL)
V.K. Jain, Presiding Member.—Opposite party No.2 advertised sale of commercial plots by way of auction in Zirakpur, Dist. Ajitgarh. The auction was to be held on 29.4.2013. The complainants submitted a bid for allotment of a plot, depositing a sum of Rs.6,40,000/- as earnest money on 26.4.2013. The demand letter was issued to the complainants on 3.5.2013 asking them to deposit a sum of Rs.1106721/-. The said amount was deposited by the complainants on 6.5.2013. An allotment letter dated 7.6.2013 was then issued to the complainants. They made a total payment of Rs.4493444/- to OP-2 followed by further payment of Rs.746720/- on 19.8.2013. An amount of Rs.164286/- was demanded from them towards interest, without offering possession of the plot to them. The complainant claim to have deposited that amount under duress, on account of threat to forfeit the plot allotted to them. The complainants wrote several letters to OP-2 requesting for providing infrastructural facilities in the area. Their case is that even the basic infrastructural faculties were not provided by the aforesaid opposite party and a possession letter dated 31.3.2016 was issued to them. The possession letter was issued in the sole name of the complainant –Shashi Bala Mittal though the plot according to the complainants was purchased jointly by both of them. Since physical possession of the plot which the complainants had booked for the purpose of earning their livelihood, with basic infrastructural facilities was not delivered to them, the complainants have approached this Commission seeking the following reliefs:-
“a. Do the demarcation of plot as per approved site plan and handover of actual, physical and legal possession of the plot with the amenities as per assurance/representation given in the advertisement, without any further delay.
b. Pay compensation for deficiency in service and unfair trade practice, amount of interest calculated @15% per annum compounded quarterly (the opposite party have charged compounded quarterly interest @12% from us) on the deposited amount from the date of actual possession due i.e., May 06, 2013 for delay in handing over of the possession till the date actual, physical & legal possession is handed over to us.
c. Refund the amount of interest Rs.169215/- (as the interest was payable after possession which is not given till date) and to pay interest on the amount from the date of deposit i.e., 05.02.2014 till the date refund is made.
d. Pay a sum of Rs.15,00,000/- towards compensation on account of mental agony & physical harassment, financial risk, hardship, escalation in the price of the construction cost and emotional disturbance caused to us due to the actions/omissions of the opposite party.
e. Pay costs of litigation amount of Rs.50,000/-.
f. Get the registered deed-executed/ plot transferred in our name and entered in the revenue records as Individual and separate owners of the plot no.14 (not as shareholders of land).
g. To allow the construction as per approved Building Plan/Map vide letter dated 26.04.2016 for which the fee is already paid, without any fee etc. (Construction can’t be done due to not handing over the physical possession).
h. This Hon’ble commission may also kindly be pleased to grant such other or further relief which it deem fit and proper in the facts and circumstances of the case.
It is further respectfully prayed to the Hon’ble Commission that in case the opposite parties fails to give immediate actual, physical & legal possession of the plot, then the opposite parties may kindly be directed to refund the entire amount paid by us along with compensation in the form of interest at the rate of 18% compounded quarterly from the respective dates of deposits. Pay a sum of Rs.15.Q0.000/- towards compensation on account of mental agony & physical harassment, financial risk, hardship and emotional disturbance caused to us due to the actions/omissions of the opposite party. Pay cos
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