complainant is not expected to wait for the delivery of possession of plot for indefinite period

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

REVISION PETITION NO. 499 OF 2017

(Against the Order dated 21/11/2016 in Appeal No. 135/2016 of the State Commission Punjab)

1. PUNJABURBAN PLANNING AND DEVELOPMENT AUTHORITY THROUGH ITS ESTATE OFFICER, BHAGU RAOD, NOW BDA, BHATINDA PUNJAB	...........Petitioner(s)
Versus
1. DARSHANA DEVI W/O. HARBANSH LAL BANSAL, R/O. HOUSE NO. 19118, STREET NO. 3, BIBIWALA ROAD, BHATINDA PUNJAB	...........Respondent(s)

Dated : 28 Mar 201
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7.         In order to appreciate the learned counsel for the petitioner, it would be useful to have a look on clauses 12, 21 & 22  of the Letter of Intent for allotment dated 26.02.2013 which are reproduced as under:

12. Possession of plot shall be handed over to the allottee after completion of development works at site or 18 months from the date of issue of allotment letter whichever is earlier.

21.           In case terms and conditions of the letter of intent, as detailed above are acceptable, allottee is required to send his / her acceptance by registered post along with a demand draft of 15% price of the plot within 30 days of issue of Letter of intent ( excluding date of issue) subject to the conditions.

22.            In case of refusal to accept the offer, such refusal in writing through a registered post should be received within 30 days from the date of issue of Letter of Intent, 10% amount of earnest money shall be forfeited.  In the event, such refusal is received after a period of 30 days from the issue of Letter of Intent, entire earnest money deposited shall be forfeited.”

8.         No doubt, clause 12 of Letter of Intent do provide that the possession of the plot shall be handed over to the allottee after the completion of the development work at the site or within 18 months from the date of issue of allotment letter, whichever is earlier.  It is also true that neither the development work has been completed as yet nor any allotment letter has been issued in favour of the complainant who deposited the demanded 15% of the consideration amount in furtherance of Letter of Intent.  The question is does this mean that by providing the stipulation in clause 12, 21 & 22 of Letter of Intent, the opposite party can delay the delivery of possession of subject plot to the complainant for indefinite period?  Our answer to the question if a firm ‘No’.  Admittedly, by giving a lure of allotment of plot to the complainant, the petitioner opposite party has received 25% of the agreed consideration amount from the complainant way back in April 2013.  Till date no allotment letter has been issued in favour of the complainant.  On our query, learned counsel for the complainant stated that development work at the site is not yet complete. From this it is evident that petitioner has obtained 25% of the consideration amount about four years back and till date the petitioner is not in a position to deliver possession of the plot to the complainant.  The complainant is not expected to wait for the delivery of possession of plot for indefinite period.  The aforesaid conduct of the opposite party in itself amounts to unfair trade practice by which they are utilizing the money belonging to the gullible consumers without making a serious effort to ensure that the promised possession of the plot is delivered within a reasonable period.   The stipulation to the effect that possession shall be delivered within 18 months of the issue of allotment letter gives a clear indication that impression was given to the consumers that possession of the plot would be delivered within a reasonable period i.e. 2-2 ½ years, which implied promise has not been fulfilled by the opposite party.  Therefore, we do not find any reason to differ with concurrent finding of the Fora below that petitioner opposite party is guilty of deficiency in service bordering unfair trade practice.