Noida: The district consumer disputes redressal commission (DCDRC) has directed Yamuna Expressway Industrial Development Authority (YEIDA) to refund Rs 2.8 lakh to a flat buyer, along with 6% annual interest, after the Authority failed to deliver a flat under its 2014 housing scheme.Buyer Omveer Singh approached the consumer forum after the Yamunotri Housing Scheme failed to take off and possession of his allotted flat was never handed over. In his complaint against YEIDA, Singh said he had applied under the scheme on Nov 28, 2014. He said he was allotted an 880 square feet, 2BHK flat in Greater Noida’s Sector 22A through a draw of lots on depositing a registration fee of Rs 2.8 lakh.The scheme never took off, and construction was not completed within the stipulated period. YEIDA subsequently offered buyers two options, either to book a flat in another project or seek a refund with interest. Singh opted for a refund and submitted an application by registered post on Oct 13, 2017. When the amount was not returned, he sent a pleader’s notice on Dec 26, 2017, before approaching the commission.In its written reply, YEIDA argued that Singh had failed to deposit the full allotment amount of Rs 5,58,800 by the July 4, 2015 deadline, having paid only the registration fee. Counsel for the Authority contended that Singh had violated the scheme’s brochure terms and could not benefit from his own default, adding that the brochure allowed for cancellation and forfeiture of the deposited amount in such cases.The commission, however, observed that the brochure did not constitute a binding contract between the parties since it carried no signatures and served only as informational material about the scheme. It also noted that YEIDA had not taken any formal action to cancel Singh’s allotment on grounds of the alleged violation.The Authority pointed to a brochure clause barring an applicant, spouse or dependent from submitting more than one application under the scheme, but the commission noted that Singh’s wife, Ranjana Devi, had also applied and was allotted a separate 1BHK flat, with her case pending before the commission separately. Even so, it observed, YEIDA had not moved to cancel either allotment over this.The panel said YEIDA’s own communication, an Oct 6, 2017, letter offering adjustment options for the registration amount, indicated the Authority itself acknowledged an obligation to return the funds. Its failure to do so despite Singh’s request amounted to a deficiency in service, the commission ruled.On Monday, DCDRC president Anil Kumar Pundir and member Anju Sharma disposed of a complaint filed on Feb 9, 2018, and asked YEIDA to refund the registration fee in full with interest calculated from the date the complaint was filed. It gave the Authority 30 days to make the payment. The commission also awarded Rs 5,000 as litigation costs to Singh.
