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Rajasthan Housing Board, Rajasthan & Another v/s Ashish Verma


Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- T L VERMA AND CO PVT LTD [Active] CIN = U45201CH1982PTC004829

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- R D VERMA AND COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1968PTC004873

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- B VERMA AND COMPANY PRIVATE LTD. [Strike Off] CIN = U74140DL1986PTC023027

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

    Revision Petition Nos. 301 of 2015

    Decided On, 10 February 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE V.K. JAIN
    By, PRESIDING MEMBER

    For the Petitioners: R.K. Sharma, Advocate. For the Respondent: Narendra Mewara, Advocate.



Judgment Text


Oral:

The complainant/respondent got himself registered under Self Finance Scheme - 2009 depositing registration charges amounting to Rs.55,000/-. Though the registration amount for a general category applicants was Rs.1,10,000/, the same was only Rs.55,000/- for an applicant belonging to reserved category and admittedly, the complainant belongs to a reserved category. After registration, Demand Letter was issued to requiring him to deposit the price of the house in installments. The first installment payable by the complainant was Rs.2,20,000/-, whereas the 2nd installment demanded from him was Rs.1,65,000/-. The complainant did not deposit any installments and rather sought refund of the registration amount.

2. The petitioners took the stand that in terms of Clause 18(d) of the Brochure, 20% of the registration and reservation amount was to be deducted and, therefore, 20% of the installments which had become due by that time was also to be deducted alongwith 20% of the Registration Money.

3. Being aggrieved, the complainant approached the concerned District Forum by way of a consumer complaint.

4. The complaint was resisted by the petitioners who relying upon the Brochure issued by them maintained that 20% of the Registration Money and the installments which had become due by the time refund was sought by the complainant, were deductible out of the amount deposited by him.

5. The District Forum having ruled in favour of the complainant, the petitioners approached the concerned State Commission by way of an appeal. The said appeal also having been dismissed, the petitioners are before this Commission.

6. I have perused Clause 18(c) & (d) of the Brochure, which are relevant for the purpose of this revision petition and the English translation of the aforesaid Clauses provided by the petitioners, reads as under:-

“(c) If any applicant applies for refund for the amount deposited under the Self Finance Scheme after the issuance of Registration Letter but prior to deposit first installment of reservation amount then the registration amount so deposited without interest will be refunded to him after deducting 20% from the deposited registration amount.

(d) If any applicant applies for refund for the amount deposited under the Self Finance Scheme after the issuance of Registration Letter and deposit of first/second/third/fourth installments etc. of reservation amount, then the amount so deposited (registration+ reservation amount) without interest will be refunded to him after deducting 20% from the deposited registration amount. For example, if any applicant applies for refund of his deposited amount when the 2nd reservation amount was due, then the amount refunded without interest will be subject to 20% deductions from the amounts of registration, first installment of reservation and second reservation. In case the reservation amount has not been deposited by the applicant, then also such reservation amount, which has become due, will be counted towards deduction calculations.”

7. Having carefully perused the original Brochure, issued by the petitioners, I am in agreement with the Fora below that the petitioners were entitled to deduct 20% of the Registration Money from the amount which the complainant had deposited with them. On a conjoint reading of Clauses (c) & (d), it is evident that if an allottee sought refund without paying even a single installment, in that case only 20% of the Registration Money was to be deductible and the balance amount had to be refunded to him without any interest. On the other hand, if the allottee made the payment of one or more installments and then applied for refund, 20% of the registration amount as well as the installments which had become due at that time would be deductible. The deduction in the first position will be under Clause (c) whereas the deduction in the second position will be under Clause (d).

8. Admittedly, the complainant did not deposit any installment, he having deposited only the registration money. Therefore, only a sum of Rs.11,000/- being 20% of the registration money was deductible. The balance amount

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was refundable to him and it has rightly been held by the Fora below. However, considering all the facts and circumstances of the case, the interest is reduced from 12% to 9% per annum. The payment in terms of this order shall be made within eight weeks from today, failing which the interest shall be payable @ 12% per annum w.e.f. eight weeks from today. The cost of litigation as awarded by the Fora below shall also be paid. The revision petition stands disposed of.
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