Pranay
Asked June 28, 2016

Government Employee appointment refused

  • 1 Answer
  • 184 Views

My father working on consolidated pay full time attender sponsored by employment exchange Karimnagar, appointed by the principle in s.k.n.r Govt Jr. clg, jagtial has suddenly expired due to incident met on 18-1-2016 at Thippannapet. In recognition of full time employee serve on consolidated pay Rs.3900/- on the pretext that his service may regularize as his appointment was 1995 from different rates from consolidated pay Rs.1000/- vide G.O.No.30. Dt 26-2-1999. I Reqstd the intermediate commissioner but my file has been rejected, by saying that my father is not a regular Govt employe. If I file a case in court can I get job? Iam pursuing B.Tech Thanking you .

Answer 1

In your problem, the facts are:

 

1. The buyer/aggrieved party booked a flat in Noida in June 2010

2. He paid 7.5 lakhs to the builder in 2011.

3. Due to delay in construction, the buyer withheld further payments.

4. The seller cancelled the booking due to non-payment.

 

Issue 1

Whether the seller has the right to cancel the booking due to non-payment?

From the recent judgements of National Consumer Forum it is clear that builder can cancel

allotment for non payment of demands. The order copy can be accessed here. CONSUMER

CASE NO. 505 OF 2014

The brief facts of the case were

1. The buyer booked a residential plot in Noida and paid Rs.4 lakhs as the booking

amount in 2005.

2. When the buyer visited the site of construction in 2006 he saw there was no

construction activity going on.

3. The buyer withheld all the further payments.

4. The agreement specified delivery of possession by 2008.

5. The developer offered possession in 2010 as asked for the due amount.

6. On non-payment the developer cancelled the booking and paid the amount after

deduction of charges.

The court in its judgement said that

“5. Had the complainant made payment as per the payment schedule agreed by him and

the opposite party defaulted in delivery of possession by the stipulated date, he would have

been entitled to seek appropriate compensation from the opposite party, but having

defaulted since May 2006, in payment of the instalment as per the schedule agreed by him,

he failed to perform his part of the obligation under the agreement between the parties.

Since the complainant himself defaulted in performing his part of obligation under the

agreement, he cannot insist upon the opposite party continuing to perform the obligation

cast on it under the said agreement. Therefore, in our opinion, the opposite party was

justified in cancelling the allotment, forfeiting the earnest money from the amount

deposited by the complainant and refunding the balance amount to him.”

 

Issue 2

Whether the buyer can revive back his flat?

The buyer cannot revive the flat back as he did not fulfil his part of the agreement. Had the

buyer paid the demand amount and completed his part of the obligation he could have

challenged the cancellation of the flat.

The buyer however is entitled to the refund of the money already given by him to the

developer. The cancellation clause is given in the agreement itself. The buyer is requested to

read the agreement and the process of refund will take place accordingly.

REAL ESTATE (REGULATION AND DEVELOPMENT) ACT has been enacted in May 2016. The

relevant provision of the Act says

“(4) The allottee shall be entitled to claim the refund of amount paid along with interest at

such rate as may be prescribed and compensation in the manner as provided under this Act,

from the promoter, if the promoter fails to comply or is unable to give possession of the

apartment, plot or building, as the case may be, in accordance with the terms of agreement

for sale or due to discontinuance of his business as a developer on account of suspension or

revocation of his registration under the provisions of this Act or the rules or regulations

made thereunder.”

The text of the whole act can be accessed here:

http://www.indiacode.nic.in/acts-in- pdf/2016/201616.pdf

 

Conclusion

It can be concluded that though the complainant cannot revive his booking back but he is

entitled to the refund of the booking money already paid.

It should also be noted that the limitation period for filing a complaint in the consumer

forum is two years which is over in this case. The complainant can file a money recovery suit

in the civil court of Noida.

Agree Comment 0 Agrees about 1 year ago

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