DLF COMMERCIAL DEVELOPERS LTD. Vs. S.C.JAIN

JUDGEMENT

(1.) As seen from the records of this First Appeal, on 19.7.1996, the respondent/complainant was allotted a shop in DLF Galleria, a commercial complex developed by the appellant/OPs (DLF Commercial Developers Ltd). For this, the Agreement of Sale was executed on 9.10.1997, under which the total consideration agreed was Rs.23,12,820/-. Shortly thereafter, on 7.1.1998, the Income Tax Department issued a notices to both sides the OPs as the transferor and the complainant as the transferee asking them to show cause why the Form 37-I filed by them on 17.10.1997 should not be rejected for belated filing. It was followed by the order of 29.1.1998, rejecting the Form 37-I. The OPs challenged the order of the Income Tax Department in a writ petition before the High Court of Delhi. On 30.11.1998 the High Court allowed the writ petition and set aside the rejection order.

(2.) In the meanwhile, within a few days of the notice from the Income Tax department, the respondent/complainant wrote to the appellant/OP on 9.1.1998 expressing his concern and asking for deferment of the instalment of Rs.1,37,445/- as well as for not charging penal interest till the problem of Form 37-I was solved. In reply, he received a letter from the OPs, assuring that all necessary steps for filing of Form 37-I had been taken. The OPs also asked for the outstanding amount of Rs.1,37,445/- at the earliest, on the ground that all the delayed payments were subject to recovery of interest at 24% per annum for the period of delay. Soon thereafter, reminders were sent by the OPs on 11.12.1998 and 8.2.1999. This was followed by a letter of 17.2.1999 in which cancellation of allotment of shop was communicated by the appellant/OPs to the respondent/Complainant. As per this letter, a deduction of Rs.4,74,368/- was to be made and the remaining amount of Rs.14,75,973/- was offered to be refunded, leaving still an opportunity with the Complainant to pay the entire amount as per the demand notice to avoid cancellation. Eventually, on 26.4.2000 appellants/OPs sent him a cheque for Rs.14,75,973, informing that all original agreements and receipts between the parties in respect of the shop stood cancelled.

(3.) In the complaint before the State Consumer Disputes Redressal Commission, Chandigarh, refund of the deducted amount of Rs.4,74,368/- was prayed for together with interest on the amount of Rs.19,50,341/- which had remained with the OPs since January, 1998 and appreciation in the value of the shop. The State Commission allowed the complaint directing OPs to refund the deducted amount with 12% interest and also pay interest at the same rate on the refunded amount from the respective dates of payment. Cost of Rs.10,000/- was also awarded.