Payment obligations for plot allotment must adhere to original contract terms, rejecting claims not made within stipulated timelines.

1. This petition has been filed under S.21(b) of the Act 1986 in challenge to the State Commission's Order dated 18.11.2013 in appeal No. 1537 of 2009 arising out of the District Commission's Order dated 20.8.2009 in complaint No. 291 of 2008.

2. We have heard the learned Counsel and have perused the material on record including inter alia the District Commission's Order dated 20.8.2009, the State Commission's impugned Order dated 18.11.2013 and the petition.

3. The matter relates to a residential plot allotted by the development authority (the respondent herein) to the complainant (the petitioner herein).
The complainant was the subsequent allottee of a residential plot admeasuring 300 sq. yards which was transferred to him from the original allottee vide the development authority's letter dated 25.3.2002. He submitted site and construction plans on 3.8.2007. The development authority sent a demand letter dated 19.9.2007 for Rs.3,27,634 and another letter dated 28.12.2007 giving the break - up to be Rs.1,13,514 as the balance amount due, Rs.1,12,334 as the penal interest and Rs.1,01,786 as the extension / non - construction charges i.e. total Rs.3,27,634. Aggrieved, he filed a complaint before the District Commission.

4. The nub of the matter is that 25% of the cost of the plot had been deposited by the original allottee prior to the issuance of the letter of allotment dated 5.3.2002. As per the terms and conditions contained therein the balance 75% of the cost of the plot was to be paid either in lumpsum within 60 days from the date of issue of the allotment letter or in 5 quarterly equated instalments. It was also stipulated that in case lumpsum payment is made within 60 days rebate of 5% on the 75% amount due will be given. Extension / non - construction charges had been paid by the original allottee upto 5.3.2005.
One issue inherent in the dispute was whether the 60 day period for making the balance 75% payment will be counted from the date of issue of the original allotment letter i.e. 5.3.2002 or from the date of issue of the re - allotment letter, i.e. 25.3.2002. Another issue was whether further extension / non - construction charges beyond 5.3.2005 will be chargeable and if so from which date and for which period.

5. The District Commission vide its Order dated 20.8.2009 held that the 60 day period formaking balance 75% payment will be counted from the date of issue of the re - allotment letter i.e. 25.3.2002. It also held that further extension / non - construction charges will be chargeable from 25.3.2005 (This is the date of submission of the site and construction plans that has been written by the District Commission in its Order. As per the record the correct date of submission of the plans was 3.8.2007. Apparently the date written by the District Commission is a clerical mistake. However this has no material effect on its reasoning and findings.)
The District Commission quashed the demand letter dated 28.12.2007 and ordered the development authority to sanction the plans within one month on payment of extension / non - construction charges for the period from 25.3.2005 to 30.8.2007. It also awarded Rs.10 thousand as compensation including cost of litigation.

6. The development authority appealed before the State Commission.
The State Commission vide its impugned Order dated 18.11.2013 partly accepted the appeal. It held that the 60 day period for making balance 75% payment will be counted from the date of issue of the original allotment letter, i.e. 5.3.2002 and not from the date of the issue of the re - allotment letter, i.e. 25.3.2002. It also held that further extension