NOIDA: The District Consumer Disputes Redressal Commission (DCDRC) has ordered the Yamuna Expressway Industrial Development Authority (YEIDA) to refund ₹2.8 lakh to a flat buyer, with an annual interest rate of 6%, due to the Authority’s failure to deliver a flat as promised in its 2014 housing scheme.
Buyer Omveer Singh filed a complaint after the Yamunotri Housing Scheme failed to launch, and he never received possession of his assigned flat. Singh claimed he applied to the scheme on November 28, 2014, and was allotted an 880 square foot, 2BHK flat in Greater Noida’s Sector 22A, having paid a registration fee of ₹2.8 lakh.
The project did not materialize, and construction did not meet the expected timeline. YEIDA later provided buyers with two choices: either select a flat in a different project or request a refund with interest. Singh chose the refund and submitted his request via registered mail on October 13, 2017. When no response was received, he sent a notice from a lawyer on December 26, 2017, before reaching out to the commission.
In its response, YEIDA contended that Singh did not pay the complete allotment fee of ₹5,58,800 by the July 4, 2015 deadline and only paid the registration fee. The Authority’s counsel argued that Singh breached the conditions of the scheme and thus should not benefit from his own non-compliance, stating that the brochure provided for cancellation and forfeiture of the deposit in such instances.
However, the commission determined that the brochure did not constitute a binding contract, as it lacked signatures and served merely as informational material. It remarked that YEIDA had not formally canceled Singh’s allotment based on any alleged violations.
The Authority referred to a clause in the brochure preventing an applicant, spouse, or dependent from submitting more than one application. The commission noted that Singh’s wife, Ranjana Devi, had also applied and was awarded a separate 1BHK flat, which is under separate consideration. Nevertheless, it pointed out that YEIDA had not sought to cancel either allotment.
The panel stated that YEIDA’s letter dated October 6, 2017, which offered options for adjusting the registration amount, signified the Authority’s acknowledgment of its obligation to refund the money. The failure to return the funds following Singh’s request constituted a deficiency in service, the commission ruled.
On Monday, DCDRC president Anil Kumar Pundir and member Anju Sharma adjudicated a complaint filed on February 9, 2018, and instructed YEIDA to refund the full registration fee, along with interest calculated from the date of the complaint. They gave the Authority a 30-day deadline for payment and awarded Singh ₹5,000 for litigation costs.
