The District Consumer Disputes Redressal Commission has directed the Greater Noida Industrial Development Authority (GNIDA) to refund ₹2 lakh in stamp duty to a Mohali resident after the authority changed the plot allotted to him and required him to execute a fresh lease deed.
The commission passed the order on August 12 on a complaint filed by Neeraj Aggarwal, a resident of Sector 70, Mohali. Aggarwal had received residential plot No 1505/A in Omicron-I, Greater Noida, measuring 58.18 sq metres, in a draw held in January 2014. He executed and registered a lease deed in August that year and paid ₹1.6 lakh as stamp duty.
In December 2020, GNIDA informed Aggarwal that the allotted plot could not be constructed and reallocated plot No 1402/A in the same sector and of the same area. Aggarwal then executed another lease deed in June 2021 and paid ₹1.9 lakh as stamp duty.
He subsequently sought a refund of the ₹1.6 lakh paid for the first lease deed, arguing that he lost the amount because GNIDA changed his allotment. He approached the commission after his requests to the authority did not result in a refund.
GNIDA argued that the stamp and registration department, not the authority, collected the stamp duty and that it had no power to refund or adjust the amount. It also argued that Aggarwal had not sought a refund when the authority issued the reallocation letter.
{{/usCountry}}GNIDA argued that the stamp and registration department, not the authority, collected the stamp duty and that it had no power to refund or adjust the amount. It also argued that Aggarwal had not sought a refund when the authority issued the reallocation letter.
{{/usCountry}}The commission rejected the authority’s defence, observing that Aggarwal had no role in the non-construction of the original plot and had to execute a fresh lease deed because of the authority’s decision.
The commission, comprising president SK Aggrawal and its members Paramjeet Kaur and Lt Col JS Bath held that leaving him to bear the earlier stamp duty amounted to deficiency in service.
It directed GNIDA and its officials to pay ₹1.6 lakh with 6% annual interest from January 28, 2022, until payment. The commission also awarded ₹20,000 as compensation and litigation expenses. The opposite parties were held jointly and severally liable for the payment.