M/S. TDI INFRASTRUCTURE LTD Vs. SUKHMAL JAIN, FLORA EXPORTS
LAWS(NCD)-2020-7-14
NCDRC
Decided on July 22,2020

M/S. Tdi Infrastructure Ltd Appellant
VERSUS
Sukhmal Jain, Flora Exports Respondents

JUDGEMENT

V.K.JAIN, J. - (1.) The complainants/respondents booked residential plots with the petitioner company in a project, namely, 'TDI City', which the petitioner company is developing in Kundli in Haryana. Allotment letters were issued to the complainants pursuant to the bookings made by them. The price of each plot was agreed at about 17 lakhs. The complainants were also required to pay External Development Charges in addition to the price of the plot. The said External Development Charges had not been ascertained by the time the allotments were made to the complainants. The allotment letters came to be issued to the complainants on 7.1.2006. The payment plan was incorporated in Schedule-1 annexed to the application whereby the bookings were made. The payment plan filed by the complainants is at variance with the payment plan filed by the petitioner company. Neither the payment plan filed by the complainants is signed on behalf of the petitioner company nor is the payment plan filed by the petitioner signed by the complainants. However, as per both the payment plans referred hereinabove, 60% of the payment was to be made at the timed of booking.
(2.) The case of the complainants is that since the payment plan annexed by the petitioner company to the allotment letters was different from the payment plan which they had agreed to, they wrote several letters to the petitioner to correct the payment plan, enable them to make payment accordingly, but no response to the said letters was forthcoming from the petitioner company.
(3.) Vide letters dated 29.7.2010, the petitioner company informed the complainants that the plots were ready for possession and the complainants were requested to make payment as per the Statement of Account annexed to the said letter within 15 days. No reply to the said letter was given by the complainants nor did they make any payment in terms of the demand raised by the petitioner company. After sending reminder to the complainants, the allotments were cancelled vide letter dated 11.12.2010 on the ground that the complainants had not cleared the outstanding dues.;


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