SHASHI KIRAN RATTAN Vs. SWASTIK CONSTRUCTION

JUDGEMENT

(1.) IN reponse to an advertisement published in the newspaper the complainant deposited a sum of Rs. 10,000/ - by means of Cheque No. 906674 dated 6.2.88 which was received by the respondent. The total price of the built up house was Rs. 2.95 lacs. The respondent demanded a sum of Rs. 65,000/ - which was deposited vide Receipt No. 7 on 28.3.88. The other instalments paid on 5.11.88 and 23.5.89 in the sum of Rs. 36,666/ - each and in all a sum of Rs. 1,48,332/ - was deposited by 22.5.89. The details thereof are given in the letter dated 9.11.91. It has been alleged that the respondent cancelled the allotment vide letter dated 18.6.90 mainly on the plea that the 3rd instalments which was due on 11th September, 1989 was not received. Thereafter the complainant sent a draft of Rs. 68,000/ - on 23rd September, 1991 but it was not accepted by the respondent. The relief claimed in this complaint briefly is as under : (i) Possession of Flat No. 7 or any other house of same size in the locality which was originally advertised; (ii) Compensation in the sum of Rs. 4 lacs and refund of the entire deposit together with 24% interest; (iii) Respondent be restrained from executing any document in favour of the person other than the complainant; (iv) And other damages.

(2.) IN reply it has been averred that the complaint was not maintainable under the Consumer Protection Act, 1986. Besides this it has been averred that the allotment for the complainant was cancelled on account of non -payment of instalments which were due from the complainant since long and it violated the terms and conditions of the allotment. The respondent has by now already allotted the flat in question to some other eligible person and the complaint became infructuous.

(3.) THIS would go to show that the complainant was required to pay six half yearly instalments of Rs. 36,666/ - each and first instalment was due on 11.2.88. The letter dated 9.11.91 written by the complainant contains the details of the deposits made by the complainant and the relevant para thereof is as under : '2. In this connection, we have to request you as under : - (a) That I was allotted House No. 7 in the abovesaid complex vide your allotment Letter No. SC 659 dated 10.2.88 and I have made the payments as under : Particulars Amount Your Receipt No. Date (i) On application Rs. 10,000/ - 45 6.2.88 (ii) On allotment Rs. 65,000/ - 70 28.3.88 (iii) First instalment Rs. 36,666/ - 222 5.11.88 (iv) Second instalment Rs. 36,666/ - 281 23.5.89 Rs. 1,48,332/ -