DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No. 156 of 09-04-2012
Decided on 30-08-2012
1. Gopal Krishan s/o Devi Dial s/o Arjun Dass.
2. Manju Bala wife of Gopal Krishan s/o Devi Dial.
Both residents of Village Nathana, Tehsil & District Bathinda.
........Complainants
Versus
Bathinda Improvement Trust, Bathinda, through its Administrator/Chairman.
Executive Officer, Bathinda Improvement Trust, Bathinda.
.......Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Smt. Sukhwinder Kaur, Member
Present:-
For the Complainants: Sh. Sanjay Goyal, counsel for complainants.
For Opposite parties: Sh. K.S Gill, counsel for opposite parties.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainants have filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the originally the plot bearing No.27 measuring 125.44 sq. yds. situated in the scheme known as 49.5 Acre Development Scheme, Improvement Trust, Bathinda, was allotted to Balbir Singh, Baldev Singh, Harjinder Singh, Harjoginder Singh, Smt. Gurdev Kaur and Smt. Amarjit Kaur i.e. all children of Sucha Singh, residents of H.No.6505, Mehna Mohalla, Gali Sucha Singh Lambardar Wali, Bathinda, by the opposite parties, vide their letter bearing No.B.I.T.2483 dated 15.11.2007. In the year, 2008 the allottees of the plot No.27, sold the said plot to the complainants. They have filed an application on 4.4.2008 for transfer of the abovesaid plot in the name of complainants and all the formalities as per requirements of the opposite parties are completed. The transfer fee of Rs.12,125/- was paid to the opposite parties vide demand draft No.877151 dated 11.4.2008 by the complainants as required by the opposite parties. Thereafter, the opposite parties got deposited an amount of Rs.3,83,000/- as the balance amount of the said plot in question vide demand draft No.541798 dated 2.5.2008 and issued receipt No.4 in book No.298 dated 2.5.2008. The complainants have alleged that the opposite parties have failed to transfer the abovesaid plot in their name. They have approached the opposite parties many times and requested them to transfer the abovesaid plot in their name, so that they can raise construction on the plot, but the opposite parties have post-poned the matter on one or the other pretext. Due to non transfer of the plot in question in the name of the complainants, despite completion of all the required formalities, the complainants could not raise the construction on the said plot. The cost of the construction is increasing day by day. Had the opposite parties transferred the plot in question in the name of the complainants in time, then they would have completed the construction on the plot by now and would have saved the huge amount. The complainants have already completed all the formalities but the opposite parties have issued a letter bearing memo No.1697 dated 20.7.2011 requiring to deposit an amount of Rs.98,830/- on the account of enhanced compensation and Rs.56,658/- as interest thereon and Rs.1,83,845/- as non construction charges and told the complainants that after the deposit of the abovesaid amount, the further action on the application for transfer of the plot in question in their name shall be taken. The complainants have approached the opposite parties with the request that the plot in question was allotted to the original allottees in the year 2007 by including all the enhancements made by the Hon'ble Court till the date and after the year 2007 no enhancement has ever been made, as such, the demanded amount on the account of compensation of enhancement and interest thereon is illegal and is not payable. The complainants have alleged that the cause of action has arisen on 4.4.2008 when application for the transfer of the plot in question was filed with the opposite parties and the opposite parties have failed to transfer the plot in question in their name and on 20.7.2011 when the illegal impugned demand was raised by the opposite parties. Hence, the complainants have filed the present complaint for seeking the directions of this Forum to the opposite parties to transfer the plot No.27 in question in their name immediately and withdraw the illegal demand raised by the opposite parties vide their letter bearing No.1697 dated 20.7.2011 alongwith cost and compensation.
2. The notice was sent to the opposite parties. The opposite parties after appearing before this Forum have filed their joint written statement and pleaded that according to the terms and conditions of the allotment letter dated 15.11.2007 an agreement for sale was to be executed between the improvement trust and allottees within 30 days from the date of receipt of the allotment letter but the allottees could not comply with the condition No.5 of the allotment letter. Rather the allottees executed the said sale agreement with the improvement trust on 11.7.2008 and the allottees gave an application on 24.9.2008 for demarcation of the plot and it was given to the allottees on 14.10.2008. Thus, there is delay on the part of the allottees, Sh.Harjoginder Singh etc. in taking demarcation of the plot in question. The application for the transfer was submitted to the improvement Trust, Bathinda on 17.4.2008 alongwith the transfer fee, but the balance amount of Rs.3,83,000/- was not paid alongwith application rather the balance amount was paid on 2.5.2008 and an agreement between the improvement trust & allottees was executed on 11.7.2008 and after the execution of the sale agreement, the spot was inspected through Engineering Branch of the improvement trust and it was found on 28.8.2008 that the plot No.27 is a vacant plot and after this possession in question was given to Sh.Harjoginder Singh, Adv. on 14.10.2008. The allottee has not paid the enhanced amount of the plot and he was asked to deposit the enhanced amount of the plot to the opposite parties within 30 days otherwise 15% p.a interest shall be charged and the letter in this regard was sent to the allottees Balbir Singh and Baldev Singh etc. but the allottees did not pay the said amount to the improvement trust till date. Thus, the transfer application was not processed further due to non-payment of the enhancement amount. The opposite parties pleaded that the complainants cannot be given the benefits of their own wrongs, as allottee as well as complainants have not paid the enhanced amount to them. Due to the non-payment of the enhanced amount, the transfer of the said plot could not take place and letter No.1696 dated 20.7.2011 was sent to the allottees and a copy of the same was sent to the complainants vide Endst. No.1697 dated 20.7.2011 in which the complainants and the allottees were asked to deposit the amount of Rs.98,830/- as enhanced compensation and Rs.56,658/- as interest thereon and the allottees were also requested to deposit non-construction fees for the year 2011 to the tune of Rs.1,83,845/- which the complainants have not deposited with them to which the opposite parties is entitled.
3. The parties have led their evidence in support of their respective pleadings.
4. Arguments heard. The record alongwith written submissions submitted by the parties perused.
5. The submissions of the complainants are that they have purchased the plot from the original allottees Balbir Singh, Baldev Singh, Harjinder Singh, Harjoginder Singh, Smt. Gurdev Kaur and Smt. Amarjit Kaur. The above mentioned persons were the original allottees of the plot bearing No.27, measuring 125.44 sq.yards, they became allottees vide letter bearing No.B.I.T.2483 dated 15.11.2007 issued by the opposite parties. The complainants have purchased the said plot in the year 2008 and they have filed an application dated 4.4.2008 for the transfer of the abovesaid plot in their name and have fulfilled all the requisite formalities. The transfer fee of Rs.12,125/- was paid to the opposite parties vide demand draft No.877151 dated 11.4.2008 as required by them. The complainants have also deposited the amount of Rs.3,83,000/- as the balance amount of the said plot vide demand draft No.541798 dated 2.5.2008 and issued receipt No.4 in book No.298 dated 2.5.2008. Despite completing all the formalities, the opposite parties have failed to transfer the abovesaid plot in their name. Due to non transfer of the plot the complainants were unable to raise the construction in the said plot. They have also completed all the formalities despite that the opposite parties have issued the letter bearing memo No.1697 dated 20.7.2011 requiring them to deposit an amount of Rs.98,830/- on the account of enhanced compensation and Rs.56,658/- as interest thereon and Rs.1,83,845/- as non construction charges and asked them that after the deposit of the abovesaid amount, the further action on the application for transfer of the plot in question in their name shall be taken. They requested the opposite parties that the above mentioned plot in question was allotted to the original allottees in the year 2007 including all the enhancements charges and they are not entitled to pay any enhancement charges and interest thereon.
6. On the other hand, the opposite parties submitted that as per terms and conditions of the allotment letter dated 15.11.2007, an agreement for sale was executed between the improvement trust and the allottees within 30 days from the date of receipt of the allotment letter but the allottees could not comply with the condition No.5 of the allotment letter. The allottees executed the sale agreement with the improvement trust on 11.7.2008 and on 24.9.2008, the allottees gave an application for demarcation and the demarcation of the plot was given to the allottees on 14.10.2008. There is delay on the part of the allottees, Sh.Harjoginder Singh etc. in taking demarcation of the plot in question. The application for the transfer was submitted to the improvement Trust on 17.4.2008 alongwith the transfer fee, but the balance amount was not paid with the application, this balance amount was paid on 2.5.2008 and an agreement between the improvement trust & the allottees was executed on 11.7.2008 and after the execution of the sale agreement, the spot was inspected through Engineering Branch of the improvement trust, Bathinda and it was found on 28.8.2008 that the plot No.27 is a vacant plot and the possession was given to Sh.Harjoginder Singh on 14.10.2008. The allottees were asked to deposit the enhanced amount of the plot within 30 days otherwise 15% p.a interest shall be charged and the letter in this regard was sent to the allottees Balbir Singh and Baldev Singh etc. but they did not pay the said amount to the improvement trust till date. The transfer application was not processed further due to non-payment of the enhancement amount. The complainants as well as the original allottees have not paid the enhanced amount, as such, the transfer of the plot could not take place and letter No.1696 dated 20.7.2011 was sent to the allottees and the copy of the same was sent to the complainants vide Endst. No.1697 dated 20.7.2011 in which the complainants and the allottees were asked to deposit the amount of Rs.98,830/- as enhanced amount of the compensation and Rs.56,658/- as interest thereon and the allottees were also requested to deposit non-construction fees for the year 2011 to the tune of Rs.1,83,845/- which the complainants have not deposited with them.
7. As per record placed on file the opposite parties have issued a demand notice vide memo No.27 dated 20.7.2011 vide Ex.C4 to the original allottees and the Endst. No.1697 dated 20.7.2011 of the same was sent to the complainants and the allotment letter dated 15.11.2007 Ex.R2 and an agreement of sale was executed between the improvement trust and the allottees within 30 days from the date of receipt of the allotment letter but the allottees could not comply with the condition No.5 of the allotment letter. Rather the opposite parties executed the said sale agreement vide Ex.C3 with complainant on 11.7.2008. Thereafter, the allottees have moved an application dated 24.9.2008 vide Ex.R4 for demarcation of the plot which was given to them on 14.10.2008 vide Ex.R5. There is delay on the part of the original allottees in taking demarcation of the plot. Moreover, the allottees have not paid the balance amount to the improvement Trust, Bathinda due towards them. An application for transfer of the plot was submitted to the improvement trust, Bathinda on 17.4.2008 alongwith the transfer fee, but the balance amount of Rs.3,83,000/- was not paid alongwith application, rather the balance amount was paid on 2.5.2008 vide Ex.C3 and an agreement between the improvement trust & allottees was executed on 11.7.2008 and after the execution of the sale agreement, the spot was inspected and it was found on 28.8.2008 that the plot No.27 is a vacant plot and the possession of the plot was given to the original allottees on 14.10.2008. As the enhanced amount of the plot was not paid by the allottees within 30 days, a letter was sent to the allottees Balbir Singh and Baldev Singh etc. but the allottees did not pay the said amount till date. As such, the transfer application was not processed due to non-payment of the enhanced amount. The original allottees as well as the complainants have failed to deposit the enhanced amount, as such, the plot was not transfer to the complainants and a letter No.1696 dated 20.7.2011 Ex.R6 was sent to the allottees and a copy of the same was sent to the complainants vide Endst. No.1697 dated 20.7.2011 in which they were asked to deposit the amount of Rs.98,830/- as enhanced amount of the compensation of the plot in question and Rs.56,658/- as interest thereon and the allottees were also requested to deposit non-construction fees for the year 2011 to the tune of Rs.1,83,845/- which the complainants have not deposited with the opposite parties. The complainants have failed to pay the demanded amount which has been raised on account of enhanced compensation, interest and non-construction charges, as such, the plot was not transfer in their name.
8. Therefore, in view of above matter, we are of the considered view that the complainants have not deposited the amount so demanded by the opposite parties on the account of enhanced compensation, interest and non-construction. Hence, there is no deficiency on the part of the opposite parties as the transfer is subject to the payment of the abovesaid amount as demanded by the opposite parties vide letter Endst. No.1697 dated 20.7.2011 vide Ex.C4
9. Therefore in view of what has been discussed above, there is no deficiency on the part of the opposite parties. Thus, this complaint is dismissed without any order as to cost.
10. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
30-08-2012
(Vikramjit Kaur Soni)
President
(Sukhwinder Kaur)
Member
