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DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Dr. Sangita Dhingra Sehgal, President and Anil Srivastava, (Member)
Vikas Setia – Complainant
Versus
Ansal Properties & Infrastructure Ltd. – Opposite Party
Complaint no. 706/2018
Decided on 5.5.2021
Counsel for the Parties:
For the Complainant: In person
For the Opposite Party.: Mr. Tanuj Sharma, Counsel
IMPORTANT POINT
Opp. party has abused its dominant position and repeatedly harassed the complainant with demand letters and charging enormously huge amount of interest.
Headnote:
Consumer Protection Act, 1986 – Section 17 Jurisdiction of the State Commission - Now, Consumer Protection Act, 2019 – Section 47 Jurisdiction of the State Commission - Complainant booked a plot with the Opposite Party and paid a sum of Rs. 1,57,000/- as booking amount – Opp. Party allotted plot in “Sushant City”, Kurukshetra, Haryana - Complainant paid entire amount due on External Development Charges to the Opposite Party – Opp. Party charged high interest rates due to non-payment of the External Development Charges instalment even when the Complainant had already cleared all dues - Complainant filed the consumer complaint before the District Forum – Complaint returned from the District Forum on want of pecuniary jurisdiction and instituted before the State Commission - Opp. party has abused its dominant position and repeatedly harassed the complainant with demand letters and charging enormously huge amount of interest.
Held: Brief facts necessary for the adjudication of the present complaint are that on 11.08.2007, the Complainant booked a plot with the Opposite Party and paid a sum of Rs. 1,57,000/- as the booking amount.
The Opposite Party allotted plot bearing No. C-2118, admeasuring 250 sq. mtr. in Opposite party’s project namely “Sushant City”, located at Kurukshetra, Haryana. The basic sale price as agreed between the parties was Rs. 6,279/- per Sq. Mtr. along with an additional cost of Rs. 37,375/- as Preferential Location Charges and Rs. 2,84,050 as External Development Charges. The total sale consideration amounts to Rs.18,91,175/-.
Subsequently, the complainant paid the entire amount due on External Development Charges to the Opposite Party as on 12.09.2009 as per the Cheques bearing numbers 712913 dated 17.07.2008, 712915 dated 14.11.2008, 718619 dated 14.01.2009 and 712924 dated 12.09.2009.
Thereafter, even after making payments towards the External Development Charges the Opposite party manipulated the statement of account in such a way that the payment made towards the External Development Charges was adjusted against the Basic Sale Price which was not even due. The Opposite Party then charged high interest rates due to non-payment of the External Development Charges installment even when the Complainant had already cleared all dues pertaining to the same. Hence, left with no other option, even after approaching the Opposite Party through all possible means, the Complainant filed the consumer complaint before the District Forum. Vide order dated 06.03.2018, the complaint was returned from the District Forum on want of pecuniary jurisdiction and was instituted before this commission.
The Opposite has abused its dominant position and repeatedly harassed the complainant with demand letters and charging enormously huge amount of interest even when the complainant fulfilled its liability with respect to the External Development Charges amount. (Paras 1, 2, 8, 9, 16 & 25)
Result: Direct the Opp. party to compensate the complainant on the delay caused by the Opp. party in handing over possession.
JUDGMENT
[Via Video Conferencing]
Dr. Sangita Dhingra Sehgal, President —Brief facts necessary for the adjudication of the present complaint are that on 11.08.2007, the Complainant booked a plot with the Opposite Party and paid a sum of Rs. 1,57,000/- as the booking amount.
2. The Opposite Party allotted plot bearing No. C-2118, admeasuring 250 sq. mtr. in Opposite party’s project namely “Sushant City”, located at Kurukshetra, Haryana. The basic sale price as agreed between the parties was Rs. 6,279/- per Sq. Mtr. along with an additional cost of Rs. 37,375/- as Preferential Location Charges and Rs. 2,84,050 as External Development Charges. The total sale consideration amounts to Rs.18,91,175/-.
3. Thereafter, the Plot Buying Agreement was executed between the parties on 03.09.2007 which consists of the payment plan as opted by the complainant to meet its liability towards the Opposite Party. For ready reference the payment plan has been reproduced as follows:
| Development Linked Payment Plan Installments | % Of Basic Sale Price Due | Amount Due |
| With application of Allotment | 10% of BSP | Rs. 1,60,712.50/- |
| Within 2 months of Allotment | 10% of BSP | Rs. 1,60,712.50/- |
| Within 4 months of Allotment | 10% of BSP | Rs. 1,60,712.50/ |
| Within 6 months of Allotment | 10% of BSP | Rs. 1,60,712.50/ |
| On laying of road in front of the plot | 10% of BSP | Rs. 1,60,712.50/ |
| On laying of storm water drain in front of plot. | 10% of BSP | Rs. 1,60,712.50/ |
| On laying Sewer Line in front of plot | 10% of BSP | Rs. 1,60,712.50/ |
| On laying Sewer Line in front of plot | 10% of BSP | Rs. 1,60,712.50/ |
| On laying Electric Cable in front of plot | 10% of BSP | Rs. 1,60,712.50/ |
| At the time of Possession. | 10% of BSP | Rs. 1,60,712.50/ |
|
| TOTAL AMOUNT DUE | Rs. 16,07,125/- |
4. The Complainant was also liable to pay Rs. 2,84,050 as External Development Charges as per the following schedule:-
| Installments | % of Charges Payable | Amount Due |
| Within 8 months of Booking | 20% | Rs. 56,810/- |
| Within 8 months of Booking | 20% | Rs. 56,810/- |
| Within 8 months of Booking | 20% | Rs. 56,810/- |
| Within 8 months of Booking | 20% | Rs. 56,810/- |
| Within 8 months of Booking | 20% | Rs. 56,810/- |
|
| TOTAL AMOUNT DUE | Rs. 2,84,050/- |
5. The Complainant made timely payments to the Opposite Party as and when demanded by them, however, the complainant received a demand letter dated 19.08.2008 for an amount of Rs. 2,17,523/- (Being the 5th BSP Installment along with External Development Charge installment).
6. Vide letter dated, 25.08.2008, the complainant inquired regarding demand letter as the amount could only be due on progress being made at the project site as per the construction linked payment plan.
However, on a recent visit to the project, the Complainant noticed that there was no progress in construction.
7. The Opposite Party then issued a fresh demand of 3rd Installment of External Development Charges as payable which was paid by the complainant on 24.11.2008.
8. Subsequently, the complainant paid the entire amount due on External Development Charges to the Opposite Party as on 12.09.2009 as per the Cheques bearing numbers 712913 dated 17.07.2008, 712915 dated 14.11.2008, 718619 dated 14.01.2009 and 712924 dated 12.09.2009.
9. Thereafter, even after making payments towards the External Development Charges the Opposite party manipulated the statement of account in such a way that the payment made towards the External Development Charges was adjusted against the Basic Sale Price which was not even due. The Opposite Party then charged high interest rates due to non-payment of the External Development Charges installment even when the Complainant had already cleared all dues pertaining to the same.
10. The Complainant then received a letter dated 10.08.2011 wherein the opposite Party raised a demand
