Failure to communicate acceptance and deposit the required amount within the stipulated time does not lead to a concluded contract for plot allotment.

Hemant Gupta, J.

The challenge in the present writ petition is to communications dated 24.03.2009 (Annexure P-10); 02.06.2009 (Annexure P-11); 16.06.2009 (Annexure P-15) and 10.04.2012 (Annexure P-22) as well as an order dated 19.11.2012 (Annexure P-26) whereby the allotment of plot No.2396, Sector 65, Faridabad, was cancelled.

2. The petitioner applied for a residential plot at Sector 65, Faridabad by raising loan from Central Bank of India, Putlighar Branch, Amritsar on deposit of 10% of the amount of total sale consideration i.e. Rs.2,22,138/-. In the draw of lots, the petitioner was successful and letter dated 30.05.2007 was forwarded by Estate Officer, Haryana Urban Development Authority (for short `HUDA'), Faridabad to Manager, Central Bank of India, Queens Road, Civil Lines, Amritsar (Punjab) i.e. the address given by the petitioner in the application form submitted to the respondents. It was pointed out that the allotment letter was sent by Estate Officer, HUDA to the Bank which was released after the petitioner cleared the loan of the Bank on 08.02.2012. A copy of letter of allotment has been attached with the writ petition as Annexure P-6. The relevant conditions from the letter of allotment reads as under:-

"4. In case you refuse to accept this allotment you shall communicate your refusal by a Registered A.D. Letter within 30 days from the date of issue of this allotment letter, failing which this allotment shall stand cancelled, and the earnest money deposited by you shall be forfeited to the authority & you shall have no claim for damages.

5. In case you accept this allotment please send your acceptance by Registered A.D. alongwith an amount of Rs.333207.00 within 30 days from the date of issue of allotment letter which together with an amount of Rs.222138.00 paid with your application form as earnest money will constitute 25% of tentative price."

3. The petitioner asserts that she contacted Central Bank of India in October, 2007 and on being informed that she is successful in draw of lots, she sent a demand draft of Rs.3,60,000/- on 24.10.2007 towards 15% of the amount of total sale consideration to Estate Officer. The petitioner sent another communication on 30.08.2008 that she has been informed that demand draft of Rs.3,60,000/- has not been received, therefore, she sought to furnish a new demand draft on issuance of a certificate by the respondent- HUDA that the amount of draft has not been credited to their account. It was on 04.09.2008, the Bank confirmed that draft dated 24.10.2007 has not been paid.

4. On 24.03.2009, the allotment of the plot was cancelled, the communication which was sent to the petitioner through Central Bank of India, the address available with the respondents. Thereafter, the petitioner submitted representation on 22.05.2009 referring to payment of Rs.3,60,000/- vide demand draft dated 24.10.2007. The representation was declined by learned Administrator for the reason that no payment has been made within the period as stipulated in the allotment letter. The draft was never received in HUDA office nor was it even encashed at any stage. The revision was dismissed on 10.04.2012 after returning a finding that draft of 15% was sent after the expiry of period of 30 days, therefore, no concluded contract has come into existence. The petitioner relies upon policy dated 20.03.2007 (Annexure P-27) contemplating period for extension of initial deposit of 15% to contend that if the petitioner has not remitted the amount within 30 days, but in terms of the policy, the period of deposit should have been extended.

5. In reply filed on behalf of respondents No.1 to 3, it is averred that allotment letter dated 30.05.2007 was issued to the petitioner through Manager, Central Bank of India, through registered post as the application was submitted by the petitioner through Bank. The address in th