Haryana

Karnal

296/13

Subhash Sachdeva - Complainant(s)

Versus

Ansal Housing & Constrution Ltd. - Opp.Party(s)

Sh. Subhash Sachdeva

26 Apr 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.  

                                                              Complaint No.296 of 2013                                                            

                                       Date of instt.: 25.6.2013

                                                              Date of decision:6.04.2016

 

i.Subhash Sachdeva Advocate son of Sh.Nebh Raj Sachdeva

ii)Asha Sachdeva w/o Subhash Sachdeva  both residents of house no.583, Karm Colony, Karnal.

                                                                ……..Complainant.

                   Vs.

1.Ansal Housing and Construction Ltd. through its Branch Manager, Branch office, Sector 36, Karnal.

2.Ansal Housing and Construction Ltd. Regd. Office 15 UGP, Indra Parkash, 21, Barakhamba Road, New Delhi.

                                                                  …..Opposite Parties.

 

                     Complaint u/s 12 of the Consumer

                     Protection Act.

 

Before          Sh.K.C.Sharma……….President.

                   Sh.Anil Sharma…….Member.

 

Present:-        Sh.Subhash  Sachdeva Advocate-complainant in person.

                   Opposite Parties ex parte.

ORDER:

                     

                    The present complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986, on the averments that the complainants applied to the Opposite Party no.1 for allotment of plot measuring 203.70 sq. yards/ 103.92 sq.meters in Ansal Town, Karnal.  The total sale consideration of the said plot was Rs.8,65,725/ excluding EDC, IDC, registration, maintenance allied charges and taxes etc.  The complainants paid Rs.5.00 lacs on 10.2.2011 in the shape of DD/cheque.   The remaining amount of Rs.3,25,725/- was to be paid at the time of allotment of the plot. Thereafter, the Opposite Party no.2 allotted the plot No.139, Block-B, measuring 203.70 sq. yards, 103.92 sq. meters on 23.5.2013 at the basic rate of Rs.8330.69 per sq. meter, 4250 per sq.yard at Ansal Town,  Karnal.  The complainants also paid Rs.3,25,725/-  i.e. balance sale consideration on 30.4.2013, vide receipt no.463388 dated 30.4.2013 to the Opposite Party no.1.  The Opposite Party no.2 demanded Rs.2,62,365.60 from the complainants for external development charges , Rs.20,981.10 as infrastructure development charges and Rs.41218.30 as basic. The complainants paid the said amount of Rs.3,24,565/- on 30.4.2011 vide receipt no.463390.  Thereafter, the Opposite Party no.2 issued the allotment letter dated 23.5.2011 in favour of the complainants.  It has further  been averred  that the Opposite Party no.2 issued  two letters dated 31.10.2011 and 9.11.2011 alleging that District Town and Country Planning, Haryana has enhanced/revised  the External development charges and on the basis of that  the Opposite Parties enhanced Rs.445/- per sq. yards as External Development Charges but the Opposite Parties did not give any details in that regard.  The complainants  got served legal notice dated  2.12.2011 upon the Opposite Parties and even sent reminders seeking details of aforementioned enhancement but in vain. The Opposite Party no.2 also raised demand of Rs.57038/- as utility charges vide letter dated 22.1.2013 and extended threat  of cancellation of the plot, if dues not paid. The Opposite Party no.2 sent reminders dated 8.2.2013 and 8.3.2013 for payment of the demands raised. Thereafter, the Opposite Party no.2 issued letter dated 14.6.2013 asking the complainants to deposit the amount till 29.6.2013 failing which unit of the complainants would be cancelled. The complainants also moved application under Right to Information Act to District Town and Country Planner, Haryana, but no information was supplied. The appellate authority gave the details that  external development charges were  enhanced  vide letter HUDA-CCF-ACTT-1-2010/23437 dated 9.6.2010. The complainants had made the payment of the plot in question on 30.4.2011.  Thus, the demands raised by the Opposite Parties are arbitrary, illegal and unjustified which amounted to unfair trade practice and deficiency in services on their part.  By way  of the present complaint, the complainants have sought direction to the Opposite Party no.1 to withdraw the letter dated 14.6.2013, not to cancel their plot allotted to them, execute sale deed in their favour in respect of the said plot and deliver possession thereof. The complainants have also claimed Rs.50, 000/- as compensation for mental agony and harassment suffered by them due to deficiency in services on the part of the Opposite Parties apart from Rs.55,00/- as litigation expenses.

2.                Notice of the complaint was issued to the Opposite Parties but  the Opposite Parties failed to appear despite service and as such exparte proceedings were initiated against the Opposite Parties vide order dated 14.08.2013.

3.                In evidence of the complainant, his affidavit Ex.ZW1/A and documents Ex.C1 to Ex.C17 have been tendered.

4.                We have appraised the evidence on record,  the material circumstances of the case and the arguments advanced by the complainant.

5.                The complainants had applied for allotment of plot measuring 203.70 Sq. Yds./103.92 Sq.meters  in Ansal Town, Karnal and the total sale consideration of the plot was fixed 8,65,725/- excluding EDC, IDC, registration, maintenance allied charges etc. They paid Rs.5,00,000/- on 10.2.2011 and the remaining amount was paid on  30.4.2011 as is evident from Ex.C1 and Ex.C3. Thereafter, plot bearing unit No.139 was allotted to them vide letter dated 23.5.2014, the copy of which is Ex.C5. The receipt Ex.C3 indicates that the amount of Rs.3, 24,565/- including extra development charges and infrastructure development charges apart from basis balance price was paid. The receipt Ex.C4 was issued regarding the basic balance price of Rs.3, 24,564/-.  As per the case of the complainant, the Opposite Parties demanded enhanced external development charges @ Rs.445/- per sq. yard and utility charges from the complainant illegally.

6.                The complainant Subhash Sachdeva reiterated his allegations by way of his affidavit Ex.AW1/A. His statement finds support from documentary evidence. The oral as well as documentary evidence has completely gone unrebutted and unchallenged and there is no reason to disbelieve the same. Thus, it stands proved that the complainants had paid the total basic price , external development charges and infrastructure development charges to the Opposite Parties upto 30.4.2011. The matter regarding charging of enhanced extra development charges is pending before the Hon’ble Punjab and Haryana High Court, Chandigarh  in Civil Writ Petition No.5835 of 2013 and interim order has been passed therein regarding  stay of operation of the memo issued in respect of enhanced development charges. Copies of order of the Hon’ble High court dated 19.3.2013, 2.5.2013, 8.5.2013 and 21.5.2013 have been produced by the complainants regarding the interim stay. Therefore, under such circumstances, the Opposite Parties are not entitled     to recover enhanced extra development charges from the complainants till the decision of the Hon’ble High Court.

 

7.                So far as utility charges are concerned, the Opposite Parties have not delivered the possession to the complainants. Even the sale deeds has not been executed in favour of the complainants, whereas after the payment of the entire sale consideration alongwith external development charges and infrastructure development charges, they became entitled to get the sale deed executed and registered  in respect of the allotted plot in their favour,  Not executing sale deed in favour of the complainants amounted to deficiency in services on the part of the Opposite Parties.

 

8.                As a sequel to the foregoing discussion, we accept the present complaint and direct the Opposite Parties to execute and get registered the sale deed of the allotted plot in favour of the complainants. The Opposite Parties are also restrained from cancelling the allotment of the allotted plot of the complainants. The complainant shall also be entitled to Rs.11000/- as compensation for the mental agony and harassment caused to him and for the litigation expenses. The Opposite Parties shall make the compliance of this order within a period of thirty days from the date of receipt of the 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:  06.04.2016.

                                                               (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

            (Anil Sharma ) 

               Member.

 

 

Present:-        Sh.Subhash  Sachdeva Advocate-complainant in person.

                   Opposite Parties ex parte.

 

                    Arguments heard. Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:  06.04.2016.

                                                               (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

            (Anil Sharma ) 

               Member.