SOCIETY FOR CONSUMERS & INVESTORS PROTECTION Vs. HARYANA STATE INDUSTRIAL & INFRA. DEVELOPMENT CORPORATION LTD.

JUDGEMENT

(1.) Complainant No.1 is a registered Consumer Investor Protection Society duly registered under the Societies Registration Act. Complainant No.2 is a private limited company. Complainant No.3 is the Director of complainant No.2 company.

(2.) The above noted three complainants have filed a joint consumer complaint against the opposite party corporation, a fully owned by the Government company, alleging deficiency in service on the part of the opposite party in relation to allotment/delivery of possession of shop -cum -office plot No.T -12 triple story, SCO Sector -1, Manesar regarding which the complainant No.2 was declared successful bidder in the auction. It is case of the complainants that in response to the auction notice issued by the opposite party, the complainant No.2 participated in the auction pertaining to allotment of shop -cum -office plot No.T -12, triple story SCO, Sector -1, IMT Manesar (hereinafter referred to as "plot"). The complainant No.2 through its representative gave highest bid of Rs.3 crores and he was declared the successful bidder. The complainant, thus deposited 10% of the bid amount i.e. Rs.30 lacs as per the stipulation. Thereafter, the opposite party issued allotment letter dated 6 th December, 2010 detailing the terms and conditions in favour of the complainant No.2. Pursuant to the allotment letter the complainant No.2 submitted his acceptance on 4.1.2011 and deposited a further sum of Rs.45 lakhs vide a bankers cheque dated 7.1.2011 in favour of the opposite party corporation to make payment upto 25% of the bid amount. The balance 75% of the consideration amount was required to be paid in 8 half yearly instalments of Rs.28,12,500/ - besides the possession interest. First instalment was payable on 6.1.2011 and the last was payable on 6.12.2014.

(3.) It is further the case of the complainants that after the issue of allotment letter the opposite party came up with a new scheme known as EMP -2011. Clause 4 of he said scheme gave an option to the successful bidder of subject auction to switch over to EMP -2011 by giving a fresh unconditional undertaking to accept and be bound by the provisions of EMP -2011, where -after the agreement executed between the parties would be deemed to be modified to the extent of the provisions/conditions of EMP -2011 scheme. The complainant No.2 exercised his option to switch over to EMP -2011 and submitted the requisite undertaking alongwtih the requisite documents with the opposite party on 21.6.2011.