ANSAL HOUSING AND CONSTRUCTION LTD vs Sharda Rani Arora

MR . Vikas Arora and Smt. Sharda Devi Arora, both the complainants entered into an agreement with Ansal Housing and Construction ltd. (OP) on 27.05.1998, wherein it was agreed that OP will allot a unit measuring 150 square yards for a consideration of Rs. 5,06,415/ - at Eastent Loni. The clause 6 of the agreement runs as follows: 6. "The allottee shall pay interalia the basic sale price amounting to Rs. 5,06,415/ - (Rupees five lacs six thousand four hundred and fifteen only) approximately as per any of the opted payment plans given overleaf:

PAYMENT PLANS

Plan ''A'' : Down Payment with 15 % Rebate on Basic Cost

5% At the time of booking

75% Within 60 days of booking

5% At the time of offer of possession

Plan ''B'': Time Bound Interest Free Instalment Plan

5% At the time of booking

85% 17 bimonthly instalment of 5% each starting from the date of booking

10% At the time of offer of possession [

Plan ''C'': Construction Linked Plan:

5% At the time of booking

7.5% Within 3 months of booking

7.5% Within 6 months of booking

7.5% Within 9 months of booking

7.5% Within 12 months of booking

7.5% On Commencement of excavation

7.5% On Construction reaching plinth level

7.5% On Construction reaching lintel level

7.5% On Completion of roof slab

7.5% On fixing of door-window frames

7.5% On completion of flooring

7.5% On completion of external plaster

7.5% On completion of painting and finishing

5% At the time of offer of possession

NOTE: Under Payment Plan ''C'', instalments will become due as per construction status achieved at the site irrespective of the sequence mentioned above."

HOWEVER , it is clear that this payment plan was never complied with. The complainants paid a sum of Rs. 2,91,283 till the year 2001 on various dates.

ON 22.03.2003, notice was sent to the complainants, they were asked to pay remaining amount till 22.04.2003. The relevant para runs as under: - "We have the pleasure to enclose herewith your Full and Final statement of account in respect to your plot. You are requested to make the payment of balance dues to us by 22.04.2003 and after receiving the balance dues, we shall start processing your documents for possession and transfer of lease in your favour. However, it may be noted that should UPSIDC raise any demand / charges in addition to the above stated cost, allottees shall be required to honour the same as and when demanded."

The said notice was not complied with.

Thereafter, on 07.01.2006, another notice was sent where the complainants were required to make payment in the sum of Rs.2,39,552/ - till due date but due date was not mentioned. On 02.02.2006, another demand letter was sent where payment of Rs. 2,39,552/ - was demanded and the complainant was asked to pay the outstanding amount till 17.02.2006 and they were also warned that failing which their units would stand cancelled and 20% of basic cost would be forfeited as per the terms of the allotment letter. The said letter was sent through UPC and not by registered post. This letter was sent only to Mr. Vikas Arora and not to Smt. Sharda Rani Arora.

ON 05.03.2006, the petitioner sent an amount in the sum of Rs. 1,00,000/ - but it was not acknowledged. On 15.03.2006, another sum of Rs. 25,000/ - was sent by the complainants, however, on 25.03.2006, the opposite party cancelled the allotment and sent an amount in the sum of Rs. 1,90,000/ - on 30.03.2006 after deducting the forfeiture amount. The opposite party also returned both the cheques on 10.04.2006 without encashing the same. The said plot was sold to M/s MG Chamoli Pvt. Ltd. in the sum of Rs. 20,50,000/ - on 10.04.2006.

THE counsel for the petitioner is ready to return balance amount in the sum of Rs.1,01,283/ - within four weeks from today otherwise, it will carry interest @ 9 % per annum, till its realization. The Counsel for the respondent gives his assent. Order is passed accordingly. There will be no order as to compensation or costs.

BOTH the matters stand disposed of.