SARASWATI DAS Vs. CUTTACK DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) -THE limited question that arises for consideration in this complaint is whether the opposite parties are justified in asking the complainant to pay Rs. 54,069 as balance costs of the plot with interest as condition precedent for giving possession of the plot allotted to her as communicated in letter No. 29190/cda dated 27. 12. 2004 at Annexure 10.

(2.) IT is an admitted fact that in response to the advertisement issued by the opposite parties the complainant applied for allotment of 'c' category of plot by making initial deposit of Rs. 40,000 on 29. 12. 1999. Under the brochure the applicant was given four alternatives for payment of the costs of the plots, i. e. outright, four consecutive quarterly instalments, eight consecutive quarterly instalments and twenty-four consecutive monthly instalments. The complainant opted for the first alternative i. e. outright purchase of the plot. The opposite parties by letter dated 8. 12. 2000 at Annexure-2 provisionally allotted one 'c' category of plot measuring 40' x 60' in Sector-10 of Bidanasi Project Area, Cuttack. She was asked to pay rupees two lakh towards the lease premium on outright purchase basis. She deposited rupees two lakh on 1. 2. 2001 vide Annexure-3. By letter dated 15. 4. 2002 the opposite parties allotted to the complainant plot No. 10-3c/870 category 'c'. It was indicated in the said letter that out of the total costs of the plot of Rs. 2,81,520 she had already paid Rs. 2,40,000 and she was requested to pay the balance amount of Rs. 41,520. On 9. 7. 2003 she deposited Rs. 42,340 (Rs. 41,520 towards the balance costs of the plot + escalation costs and documentation charges ). The opposite parties have received the said amount. After receiving the said amount they are not justified in asking the complainant to pay further sum of Rs. 54,069 towards the balance costs of the plot with interest. In the letter dated 5. 4. 2002 (Annexure-4) the opposite parties fairly stated that the total costs of the plot would be Rs. 2,81,520 out of which she had already paid Rs. 2,40,000 and the balance amount of Rs. 41,520 was only payable. In the letter vide Annexure-4 there was no mention that in case of non-payment of balance amount of Rs. 41,520 by the stipulated date the costs of the plot would go up. The contesting opposite party is a tatutory authority and its dealings with the consumer should be open, transparent and clear.

(3.) FOR the reasons mentioned above, the demand of Rs. 54,069 to the complainant is unjustified and is liable to be ignored. We order accordingly. Since the complainant has already paid the entire costs of the plot allotted to her, the opposite parties are directed to effect delivery of its possession after complying necessary formalities within fifteen days hence. The complaint is allowed with costs assessed at Rs. 5,000 (five thousand ). Complaint allowed.