District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.495/2022.
Date of Institution:13.09.2022.
Date of Order: 29.02.2024.
Suresh Parashar son of Shri Chhaju Ram. Resident of House No. 2055, Ground Floor, HIGF Flat Housing Board, Sector-3, Ballabgarh, Faridabad- 121004.
…….Complainant……..
Versus
Bank of Baroda, NIT, Faridabad through its Chief Manager/Branch Manager.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Sachin Parashar , counsel for the complainant.
Opposite party ex-parte vide order dated 05.07.2023,
ORDER:
The facts in brief of the complaint are that the opposite party gave an advertisement for e-auction on 21.01.2020 regarding the auction of property House No. 1964, Ground floor, sEctor-2, Faridabad bounded by East: Road, West :” other property, North : House No. 1963, south House No. 1965. The complainant participated in the above mentioned E Auction on dated 21.01.2020 and was declared as the highest and successful bidder for the above said property. The opposite party issued letter Ref. No. FBD/VK/239/2020 dated 22.01.2022 to the complainant informing him to be successful bidder. As per the letter dated 22.01.2021 the complainant in compliance of the above mentioned letter deposited 25% of the auction/bid amount immediately and the remaining 75% of the bid amount by the date of sale. Upon receiving the entire auction/bid amount the opposite party had issued the sale certificate bearing No. FBD/VK/305/2020 dated 26.02.2020 and possession receipt bearing No. FBD/VK/306 dated 26.02.2020 to the complainant. The opposite party bank transferred the suit property in favour of the complainant vide document No. 596 dated 16.06.2020 registered in the office of Sub Registrar, Ballabgarh, Distt. Faridabad. After the registration of the sale deed in favour of the complainant the complainant requested the opposite party many times to obtain and provide the transfer permission letter from the HSVPN department for transfer the above mentioned house in the name of the complainant in the record of HSVPN but the opposite party did not pay any heed towards the request of the complainant. Thereafter the complainant was compelled to make the said complaint in writing through various emails. Some of the emails dated 11.01.2021 which was replied by email dated 18.01.2021 and it was informed that the opposite party had applied for issuance of user ID and password and the file for transfer of above said property in HUDA office was under process and it would be done shortly but nothing was done on the part of the opposite party. Therefore, the complainant raised various complaints to opposite parties through emails on different dates but the opposite party did not pay any heed to the request of the complainant. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) obtain and provide transfer permission letter from the HSVPN department for transfer the house NO. 1964, ground floor, sEctor-2, Faridabad in the name of complainant in the record of HSVPN.
b) pay Rs.2,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs.31,000/- as litigation expenses.
2. Registered notice sent to opposite party on 01.06.2023 not received back either served or unserved. Case called several times since morning but none had appeared on behalf of the opposite party. Learned counsel for the complainant filed the tracking report in which the item delivery confirmed. Therefore, opposite party was hereby proceeded against ex-parte vide order dated 05.07.2023.
3. The complainant led evidence in support of his respective versions.
4. We have heard learned counsel for the complainant and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party–Bank of Baroda with the prayer to: a) obtain and provide transfer permission letter from the HSVPN department for transfer the house NO. 1964, ground floor, Sector-2, Faridabad in the name of complainant in the record of HSVPN. b) pay Rs.2,00,000/- as compensation for causing mental agony and harassment . c) pay Rs.31,000/- as litigation expenses.
Shri Sachin Parashar, counsel for the complainant has made a statement that the complaint alongwith supporting affidavit and documents Annexure A-1 to Annexure A-9 be read in complainant evidence vide order dated 17.08.2023, Annx.A1 – download document, Annx.A2 – E Auction letter dated 22.01.2020,, Annx.A3 – Possession receipt,, Annx.A4 – Sale certificate, Annx.A5 – receipt, Annx.A6 to A9 – Transfer of property.
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has rendered deficient services to the complainant. Hence the complaint is allowed against opposite party.
7. Opposite party is directed to:
a) obtain and provide transfer permission letter from the HSVPN department for transfer the house No. 1964, ground floor, Sector-2, Faridabad in the name of complainant in the record of HSVPN.
b) pay Rs.5500/- as compensation on account of mental tension, agony and harassment .
c) pay Rs.5500/- as litigation expenses to the complainant.
Compliance of this order be made within 30 days from the date of receipt of copy of order. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 29.02.2024. (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
