Adherence to payment schedule under the Letter of Intent (LOI) and the availability of remedies for delayed possession delivery.

JUDGMENT

Meenakshi I. Mehta , J. - The petitioner has sought the indulgence of this Court for issuance of a writ in the nature of mandamus directing the respondents to deliver the possession of Plot No. 8447 measuring 150 sq. yds. to him with the further prayer for issuing a writ in the nature of certiorari for quashing the condition as imposed vide letter dated 27.06.2016 requiring him to deposit the excessive/exaggerated amount.

2. Bereft of unnecessary details, the facts necessitating the filing of this petition, are that the petitioner applied to the respondent-department for allotment of the plot under its Aerocity Scheme and deposited earnest money to the tune of Rs.1,80,000/- on 06.07.2010. In the draw of lots as held on 12.10.2010, he succeeded and deposited the balance amount so as to fulfil the condition of deposit of 25% amount of the total price at that stage. The Letter of Intent (hereinafter to be referred as "LOI") was issued to him on 18.03.2011 and he opted to deposit 70% amount out of the balance amount/price as per Plan-C, whereby he was supposed to pay this amount in seven half-yearly instalments commencing from the date of LOI and thus, the entire period stretching from 18.09.2011 to 18.09.2014, as described in para no.3 of this petition.

3. Thereafter, he deposited the first instalment of Rs.2,46,000/- on 19.10.2011 and the second instalment amounting to Rs.2,34,000/-on 14.03.2012 and the remaining five instalments were deposited by him during the period from 11.01.2017 to 03.02.2017 and the total amount as deposited by him, including the transfer-fee and the interest on the delayed payment, comes out to be Rs.19,71,165/-. As per the brochure of the said scheme, the possession of the plot was to be handed over to him within 2 years from the date of issuance of LOI but the respondents did not hand over the possession of the plot to him within the afore-prescribed period which came to an end on 18.09.2013. Though he could not deposit the balance instalments as per the schedule but later on, he paid the entire sum alongwith the interest on the delayed payments. However, vide letter dated 27.06.2016, the GMADA has raised the demand of Rs.14,70,500/-, which includes penal interest, from him whereas he was liable to pay the actual amount of Rs.10,35,000/- and thus, the demand of this excessive amount is not justified and is, rather, arbitrary because it was GMADA which had failed to deliver the possession of the plot to him within the above-said stipulated period.

4. In the short reply filed by respondents No.2 and 3 in the form of the affidavit of the Estate Officer of GMADA, i.e. respondent no. 3, the factum of the petitioner having applied for the allotment of a plot under the said scheme as well as his having remained successful in the draw of lots and also the issuance of LOI to him on 18.03.2011 is not disputed. It has also been admitted that the petitioner had opted for Plan-C for paying the allotment amount/price but it has been categorically mentioned therein that the petitioner deposited the amount of instalments no. 3 to 7 after the delay of 1576, 1402, 1218, 1053 and 869 days respectively. Rather, during this period, he applied to GMADA on 15.06.2016 seeking transfer of his 50% share in the plot in the name of his brother but his request could not be acceded to for want of the payment of instalments as per the prescribed schedule and then, vide the impugned letter, he was required to deposit the aforesaid amount on account of the delayed payment of instalments along with the penalty on this count but despite that, he failed to pay the amount due from him and rather, vide his letter dated 16.09.2016, he requested for the refund of the transfer money and also for the return of the original LOI.

5. It has been further deposed in the said affidavit that the penalty amount as well as the interest have been charged in accordance with condition no. 8 of the LOI and as per the latest statement of the account