The District Consumer Disputes Redressal Forum (DCDRF) has directed the Yamuna Expressway Industrial Development Authority (Yeida) to refund Rs 9.90 lakh deducted by it to a complainant. The complainant had surrendered a plot purchased from the Yeida but Yeida had not given a refund in return.
The plot in question had been purchased by M/s JJ Fabtex in Sector 32 in 2013 from Yeida. The plot measures 1,800 square metre (sqm) and was purchased at the rate of Rs 5,500 per sqm.
The firm paid Rs 29.85 lakh till March 3, 2014. However, Yeida did not give possession till January 21, 2015.
On September 10 the same year, Yeida raised an additional demand of Rs 550 per sqm.
In its demand letter, the allottee was also given the option to surrender the plot if he did not wish to pay the additional sum.
Five days after the demand letter, the firm submitted an application surrendering the plot. The firm demanded a refund against the surrender of the plot, and the authority in January 2016, refunded Rs 19.80 lakh.
The allottee wrote to Yeida on January 27, 2016 for payment of the balance amount of Rs 10.05 lakh. The allottee sent a reminder on September 22, 2017 demanding refund of the balance amount. However, on October 7, 2017 Yeida refused to refund the balance amount.
{{/usCountry}}The allottee wrote to Yeida on January 27, 2016 for payment of the balance amount of Rs 10.05 lakh. The allottee sent a reminder on September 22, 2017 demanding refund of the balance amount. However, on October 7, 2017 Yeida refused to refund the balance amount.
{{/usCountry}}M/s JJ Fabtex then moved the consumer forum.
Yeida in its reply to the forum stated that it had deducted the 10% amount as per the allotment terms mentioned in the brochure.
The complainant stated there was no mention of deduction of amount in the surrender option given by Yeida in the additional demand letter.
“As per brochure terms, 10% deduction will be done if the allottee surrenders after payment of allotment amount and before the execution of lease deed. Brochure terms are not applicable in this case as the complainant did not surrender on his own, but surrendered the plot as per option given in the demand letter. So deduction by Yeida was illegal and amounts to unfair trade practice. However, Rs.15000 processing fee cannot be refunded,” said Rajindra Babu Sharma, president, District Consumer Disputes Redressal Forum, Gautam Budh Nagar.
“I have directed Yeida to refund the deducted amount of Rs 9.90 lakh with 10% simple rate of interest. Yeida has been directed to pay Rs 15000 towards physical and mental suffering and Rs 5000 towards legal expenses too,” said Sharma.
Yeida chief executive officer Arun Kumar Singh said, “I have seen the order. We will refund the amount. I have directed the officers not to deduct unjust amount from any allottee.”