SANDEEP KWATRA Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Succinctly put, the facts leading to the filing of the present Complaint are that the Complainant was allotted a residential plot bearing No.930, admeasuring 420 sq. mtr. in Sector 51, Gurgaon, Haryana (in short, the 'Plot') by the Opposite Parties (hereinafter referred to as the 'Authority'), in the year 2004, vide Allotment letter dated 27-01-2004, pursuant to his Application No.16584, at a tentative price of Rs.18,48,000/-. The Allotment was subject to Condition No.10 of the Allotment letter in terms of which the tentative price of the Plot may vary to the extent that any enhancement in the cost of the land awarded by the Competent Authority under the Land Acquisition Act shall also be payable proportionately, as determined by the Authority, and that the additional price so determined shall be payable within thirty days of its demand. The complainant paid an amount of Rs.1,84,800/- i.e. 10% of the tentative price towards earnest money and further paid an amount of Rs.2,77,200/-, which was due within 30 days of the issue of the Allotment letter. The remaining amount of Rs.13,86,000/- was paid in six annual instalments of Rs.2,31,000/- from the year 2005 to 2010. Subsequently, vide letter dated 18-03-2010, the Authority raised demand for enhanced compensation being EC No.2714 for an amount of Rs.8,83,747/-. The same was paid by the Complainant in instalments as was permitted. It is submitted that, subsequently, the accounts of the allottees were computerised by the Authority, which was informed to the Complainant by the Authority vide its letter dated 09-02-2011. The payments made towards the above said enhancement compensation were shown in the Online Allottee Account Statement of the Complainant as Enhancement No.2714. It is further submitted that the Online Allottee Account Statement downloaded by the Complainant on 07-01-2012 showed that no amount was outstanding and EC No.2714 was shown as fully paid. Thereafter, the Authority issued another letter dated 16-02-2012 to the Complainant intimating him that further enhanced compensation of Rs.23,43,856/- was due and payable with respect to the Plot as the acquisition cost of land in the Sector 51, Gurgaon has been enhanced by the Court. Complainant duly paid the same in permissible instalments, which were also reflected in the Online Allottee Account Statement of the Complainant as Enhancement No.1228.

(2.) The Complainant further submits that he downloaded the Online Account Statements on 12-04-2013, 24-02-2014 and 11-03-2015 which showed that no amount was outstanding towards the Complainant in respect of the Plot. In fact, the statement dated 24-02-2014 showed a credit balance of Rs.1,33,555/- because Complainant had prepaid the enhanced compensation. Since all the due payments were made, Complainant sought permission to start construction on the Plot. However, on 18-04-2015, when Complainant checked his Online Account, to his surprise, he found that an enhancement of Rs.16,73,129/- was being shown in his Account Statement, being EC No.42, which was due on 06-08-2011 and because this enhancement compensation was for the period prior to EC No.1228, the payments already made by the Complainant towards EC No.2714 and EC No.1228 were re-allocated to EC No.42. As per the Account Statement dated 18-04-2015, an amount of Rs.31,78,956/- was outstanding towards enhancement compensation together with interest. It is averred in the Complaint that Complainant never received any letter informing him of EC No.42 in the year 2011 nor was any such enhancement shown in his online account statements from 2011 till 2015. In fact, till March, 2015, the Account Statements showed that no dues were payable by the Complainant and both, EC No. 2714 and EC No.1228 were fully paid. It is further averred that the Complainant sent an email dated 03-07-2015 to the Authority in relation to EC No.42 and another email dated 14-07-2015, attaching both the Online Accounts Statements dated 11-03-2015 and 18-04-2015, raising the issue of the discrepancy that appeared to be an error in his account and sought that the matter be resolved. Since no response was received by the Complainant he sent reminder emails dated 19-07-2015 and 16-08-2015 seeking response on the discrepancy in his account, but to no avail. In fact, the Complainant received letter dated 20-08-2015 from the Authority that an amount of Rs.33,27,143/- was due and payable as enhanced compensation in respect of the Plot.

(3.) Vexed, the Complainant served a legal notice upon the Authority on 15-12-2015 in respect of EC No.42 and sought resolution of the matter. The Authority responded to the said notice by their letter dated 21-01-2016 impressing upon that EC No.42 dated 06-07-2011 had been sent to the Complainant; however, as per the Complainant no proof of receipt of the said EC was provided nor any explanation was given to the fact that EC No.42 was never reflected in the Online Account Statement till April, 2015. Thereafter, the Online Account Statement dated 26-05-2016 of the Complainant showed an amount of Rs.36,87,230/- outstanding with respect to enhancement compensation.