Haryana

Karnal

CC/47/2022

Anu Aggarwal - Complainant(s)

Versus

Alpha G Corp Development Private Limited - Opp.Party(s)

Sumeer Aggarwal

01 Dec 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 47 of 2022

                                                        Date of instt.25.01.2022

                                                        Date of Decision: 01.12.2023

 

Anu Aggarwal wife of Shri Sanjay Kumar Aggarwal, Advocate, resident of H.No.56, Ward No.14, Main Bazar, Gharaunda 132114.

 

                                               …….Complainant.

                                              Versus

 

1. Alpha G. Corporation Development Private Limited (through its Directors) Corporate Office: Golf View Corporate Towers, Wing-A, Golf Course Road, Sector-42, Gurugram, Haryana 122002.
2. Alpha G. Corporation Management Services Private Limited (through its Directors) registered office: 806, Meghdoor, 94, Nehru Palace, New Delhi 110019, Local Office, Alpha International City, Sector 28-29, G.T. Road, Karnal.
3. Saurabh Bansal Accounts Branch of Alpha G. Corporation Management Services Private Limited, Alpha International City, Sector-28-29, G.T. Road, Karnal.
4. Priyanka from Local Office: Alpha G:Corporation Management Services Private Limited, Alpha International City, Sector 28-29, G.T.Road, Karnal.
5. Ashok Verma son of Shri Sukekh Chand Verma, resident of H.No.25, Gali No.7, Vasant Vihar, Karnal.
6. B.D. Verma @ Banarsi Dass Verma son of Shri Baru Ram Verma, resident of Flat No.718, HEWO Apartments, GH-42, Sector-56, Gurugram, Haryana.

                                                                      …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Suman Singh……Member

          

 Argued by: Shri Sumeer Aggarwal, counsel for complainant.

                   OPs No.1 to 6 proceeded ex-parte.

 

                    (Jaswant Singh, president)

ORDER:  

 

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019, against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant has purchased a plot No.884/29, from its owners Shri Ashok Verma and Shri B.D.Verma by way of sale deed No.5469/1 registered with Sub Registrar, Karnal, on 06.11.2020 and OPs NO.5 & 6  were owners of the said plot under nomination in their name from its original allottee, Shri Shunil Juneja under endorsement made by OP No.1 on 27.02.2014. After allotment of plot, the previous owners have cleared all dues of OP No.2 including CAM charges upto 31.03.2014. Again prior to sell out the plot to the complainant, OP No.5 & 6 cleared all outstanding dues to OP No.1 qua CAM charges alongwith interest upto September 2020. After purchase of plot in question, complainant has paid the outstanding, current and future charges qua CAM charges to the OP NO.2 from October 2020 to June 2021. Complainant was very much surprised when she received the demand notice qua CAM charges through mail ID for the month of July 2021 to September 2021. OP No.2 started demanding another amount of Rs.5354/- pertains to pending CAM charges without disclosing any period of the same. Upon receiving the pending CAM charges notice, complainant sent an e-mail and thereby asking OP No.2 about the period for which OP No.2 is demanding CAM charges and upon reply, it has come to the notice that the CAM Charges is for August 2010 to March 2011. It is very much surprising for the complainant that despite issuing no dues certificate in favour of OPs No.5 & 6, OP No.2 are illegally demanding the CAM charges of Rs.5354/- and that too after the lapse of a period of more than 10 years which is quit illegal. On the other hand, employees of OPs No.1 & 2 including OPs No.3 & 4 are also threatening and forcing the complainant to pay the illegal amount on account of CAM or to face dire consequences. In this way, there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs no.1 to 5 did not appear despite service and opted to be proceeded against exparte, vide order dated 07.04.2022 of the Commission.

3.             OP no.6 appeared in person and filed his written version raising preliminary objections with regard to maintainability; locus standi; cause of action; mis-joinder and non-joinder of necessary parties.  On merits, it is pleaded that vide sale deed no.5469/1 dated 06.11.2020, OP had also sold the property in question to the complainant and before the sale of the property in question, OP had paid/cleared all types of dues with the OPs no.1 and 2 on 05.11.2020 and No Dues Certificate was also issued by the OPs no.1 and 2 in favour of the OP and only thereafter, the sale deed was executed by the OP in favour of the complainant. Had any amount been due against the OP, the OPs no.1 and 2 would not have issued the No Dues Certificate in favour of the OP and the OP could not have executed and got registered the sale deed qua the property in question in favour of the complainant. All the abovesaid facts been herself admitted by the complainant in the present complaint. It is further pleaded that after the sale of the property, OP ceased to be owner in possession of property in question and ceased to have any right, title or interest in the property in question. Non-payment of any dues after the after the sale property by OP to the complainant is the inter-se dispute between the complainant and the OPs no.1 and 2 and answering OP has no concern with the said dispute. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

4.             Lateron, none has appeared on behalf of OP no.6 and opted to be proceeded against exparte, vide order dated 12.09.2023 of the Commission.

5.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of sale deed Ex.C1, copy of NOC dated 28.01.2014 Ex.C2, copy of calculation Ex.C3, receipt dated 01.10.2020 Ex.C4, copy of invoice dated 05.11.2020 Ex.C5, calculation Ex.C6, copies of emails Ex.C7 and Ex.C8 , vide which OP demanded the CAM Charges, copy of invoice dated 15.10.2012 Ex.C9, copy of legal notice Ex.C10, postal receipts Ex.C11 and Ex.C12 and closed the evidence on 24.07.2023 by suffering separate statement.

6.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

7.             Learned counsel for the complainant, while reiterating the contents of complaint, has vehemently argued that complainant has purchased the plot in question on 06.11.2020. After allotment of plot, the previous owners have cleared all dues of OP No.2 including CAM charges upto 31.03.2014.  OP No.5 & 6 cleared all outstanding dues to OP No.1 qua CAM charges alongwith interest upto September 2020. After purchase of plot in question, complainant has paid the outstanding, current and future charges qua CAM charges to the OP NO.2 from October 2020 to June 2021. OP No.2 started demanding another amount of Rs.5354/- pertains to pending CAM charges without disclosing any period of the same. On receipt of CAM charges notice, complainant sent an e-mail to OP no.2 and about the period for which OP No.2 is demanding CAM charges and upon reply, it has come to the notice that the CAM Charges is for August 2010 to March 2011. Despite issuing no dues certificate in favour of previous owner. OP No.2 are illegally demanding the CAM charges of Rs.5354/- and that too after the lapse of a period of more than 10 years and prayed for allowing the complaint.

8.             To prove her version, complainant has placed on file his Ex.CW1/A, copy of sale deed Ex.C1, copy of NOC dated 28.01.2014 Ex.C2, copy of calculation Ex.C3, receipt dated 01.10.2020 Ex.C4, copy of invoice dated 05.11.2020 Ex.C5, calculation Ex.C6, copies of emails Ex.C7 and Ex.C8 , vide which OP demanded the CAM Charges, copy of invoice dated 15.10.2012 Ex.C9, copy of legal notice Ex.C10, postal receipts Ex.C11 and Ex.C12. It is evident from the No Objection Certificate Ex.C2 dated 28.01.2014, there is no dues against the plot in question. OP no.6 in his written version has mentioned that he had cleared all types of dues with the OPs no.1 and 2 on 05.11.2020 and No Dues Certificate was also issued by the OPs no.1 and 2 in his favour and only thereafter, the sale deed was executed by the OP in favour of the complainant. In support of said version of OP no.6, complainant has placed on file tax invoice Ex.C5 dated 05.11.2020. To rebut the evidence produced by the complainant, OPs did not appear and opted to be proceeded against exarte, Hence, the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same. Thus, the act of the OPs no. 1 to 4 demanding the CAM charges for the period of August 2010 to March, 2011 amounts to deficiency in service and unfair trade practice. Hence, in view of the above, complainant is not liable to pay the CAM (Common Area Maintenance) Charges to the OPs.

9.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs no.1 to 4 not to charge the CAM charges amounting to Rs.5354/- for the period August 2010 to March, 2011 and interest upon the said amount till date. We further direct the OPs no.1 to 4 to pay Rs.10,000/- to the complainant on account of mental agony and harassment and  towards the litigation expenses. This order shall be complied with within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:04.12.2023     

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Suman Singh)

                     Member                        Member