10 June 2024 Consumer Complaints >> Civil & Consumer Law  

The Ghaziabad Development Authority (GDA) has successfully challenged a State Consumer Commission order that favored a plot allottee in a dispute over cancellation of allotment. The Revision Commission's judgment highlights the importance of adhering to payment schedules in such cases.

In 1995, the GDA allotted a plot to a complainant. The following year, the GDA issued a payment schedule that included an immediate transfer fee and registration amount, followed by installments. The complainant's case hinged on two arguments: delayed receipt of the payment schedule and a request for a one-time payment option made in 1997. However, the GDA maintained that the initial transfer fee and registration amount deadlines had already passed before the one-time payment request.

The State Consumer Disputes Redressal Commission initially ruled in favor of the complainant. The Commission cited the GDA's lack of response to the one-time payment request and the absence of a proper show cause notice before cancellation as reasons for their decision.

The GDA filed a revision petition contesting the State Commission's order. They argued that the initial defaults by the complainant, specifically the missed deadlines for the transfer fee and registration amount, justified the cancellation. The GDA acknowledged some delay in communication regarding the one-time payment option but downplayed its significance considering the initial missed deadlines.

The Revision Commission ultimately sided with the GDA. They agreed that the complainant's initial defaults on the transfer fee and registration amount constituted a breach of the allotment agreement. The request for a one-time payment, made after several missed deadlines, did not negate these initial defaults.