ANSAL HOUSING AND CONSTRUCTIONS LIMITED Vs. PRAVEEN DUBLISH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 10.4.2000 passed by District Consumer Forum, Ghaziabad in Complaint Case No.165/1995.

(2.) The facts of the case stated in brief are that the complainant applied for a house in Abhilasha Apartments of Vaishali, Ghaziabad and on 11.4.1992 deposited the reservation amount. The complainant was allotted by means of lottery house No.6/501 in Abhilasha Apartments. This information was given by letter dated 1.5.1992 and the complainant was also asked to pay 10% amount of the cost of the house. The complainant in compliance of the letter deposited the amount of Rs.39,837.50 on 25.6.1992. By letter dated 1.8.1992 the complainant was informed by the opposite party that a copy of the allotment letter is being sent, but along with allotment letter same unobjectionable material alongwith booklet was sent on which the complainant was asked to sign. The complainant refused to sign the same. The opposite party, Ansal Housing and Construction Company, issued four letters for depositing Rs.37,425/- towards the first instalment. As the father of complainant No.2. Anand Swaroop was seriously injured in an accident and remained in bed for four months, the complainants could not deposit the money in time. This amount was deposited on 20.2.1993 and on 25.2.1993 the opposite party/appellant demanded the second and third instalments which were due on 14.11.1992 and 15.2.1993. The amount of both these instalments were Rs.74,850/- (Rs.37,425/- per instalment ). On 22.2.1993 the complainant deposited a sum of Rs.37,425/- and demanded the receipt. He was assured that the receipt will be sent later on as the clerk was not available at that time. As this amount was deposited in cash, therefore, the complainants reminded the appellants to send the receipt of this amount, but no reply was received of this prayer. After some time the complainant came to know that the house allotted to the complainants has been allotted to some other party. This act of the appellants is malicious and they have done it in order to harm the complainants. The complainants tried to contact the appellant several times but he could not succeed. Thereafter by letter dated 31.1.1995 the complainants were informed that the house has been allotted to some other persons and the amount deposited has been forfeited. The complainants are willing to pay the entire cost of the allotted house. The complainant has prayed that the entire amount deposited by him along with 18% per annum interest be returned to him along with Rs.50,000/- as compensation.

(3.) The opposite party in their written version has admitted the allotment of the house to the complainants. The last payment was made by the complainants on 22.6.1992. As the complainants did not deposit the amount demanded by the opposite party vide letter dated 15.2.1993, therefore, this allotment letter was cancelled. This suit has been filed more than two years after cancellation of the allotment on 23.2.1992 and hence the same is barred by limitation. It is alleged that the Civil Court has the jurisdiction to decide this case and not the District Forum. It is further alleged that the complainant did not deposit the amount in time. Therefore, letters dated 10.8.1992, 16.9.1992, 18.11.1992 were issued for deposit of rest of the amount. The complainant had accepted the terms and conditions before the allotment of the house. As the complainant did not pay the amount in time hence allotment has been cancelled on 23.2.1993. It has further been alleged that the letter dated 25.2.1993 has been wrongly issued on account of employees in routine manner as no necessity of issuing this letter was there because the allotment had already been cancelled on 3.2.1993.