Delhi

North East

CC/277/2022

SH. HUKUM SINGH - Complainant(s)

Versus

BAWANA INFRA DEVELOPMENT - Opp.Party(s)

23 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 277/22

 

 

In the matter of:

 

	Sh. Hukum Singh S/o Late Sh. Dungar Singh R/o W-3, Tagore Gali, Babarpur,Shahdara, Delhi-110032	Complainant
	Versus
1.         2.	Bawana Infra Development Pvt. Ltd. Room No.28, New Wing DSIIDC,  Site office,Bawana, Delhi,110039.   DSIIDC Ltd. Office Address-419, F.I.E., Third Floor, Industrial Area, Patpargang Delhi-110092.	Opposite Party No.1          Opposite Party No. 2

 

DATE OF INSTITUTION:        JUDGMENT RESERVED ON:                           DATE OF ORDER:

01.07.22 07.02.23 23.02.23

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

 

 

ORDER

Ms. Adarsh Nain, Member

The Complainant has filed the present complaint against Bawana Infra Development Pvt. Ltd. and DSIIDC Ltd., the opposite parties.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that Complainant is senior citizen and heart, Sugar and kidney patient. It is stated that in the year 1996, the complainant applied for the allotment of industrial plot under Relocation scheme by DSIIDC vide application no.40354 and the complainant was allotted one Industrial Plot no.19 admeasuring 150 square metre, Pocket-I, sector-3, Bawana Industrial Area, Delhi. It is alleged that, after scrutiny, the said plot was down sized by Opposite Parties and the complainant was allotted another plot of 100 sq. meter bearing no. 156, Pocket-J, sector-3, Bawana Industrial Area, Delhi. Upon that, the matter went into litigation and in pursuance of the orders of Hon’ble Supreme Court, fresh draw of lots was held by the Opposite Party and vide Allottment letter-cum Demand letter dated 02.07.2010, the complainant was allotted an alternative industrial plot no. 213, measuring 150 sq.mt. in Pocket-H, sector-3 at Bawana and was also required to deposit Rs.4,15,285/- within 60 days which was duly deposited on 19.08.2010. It is further averred that vide letter dated 07.09.2010, the complainant informed the Opposite parties regarding the payment and requested for the possession of the said plot at the earliest. It is alleged that the complainant was issued a demand note of Rs.3/- demanding NOC of advance payment made, No fault certificate from DFC and NOC from the concerned bank. Upon that, the complainant submitted the photocopies of the above documents as the D.F.C. office refused to provide original documents to the complainant personally as those were meant to be sent to the DSIIDC directly. The complainant vide his letter dated 25.11.2010 informed the opposite parties regarding the same. It is stated that the on 13.10.2011, the original documents were provided by the DFC to the DSIIDC, however, the DSIIDC allegedly did not inform the complainant in that regard and delayed the possession unreasonably. Later on, on 09.09.2016, the complainant again requested for possession, he was handed over possession on 30.10.2018 after completing all the formalities and the physical possession was also handed over to the complainant on 02.11.2018. It is further alleged that in April, 2019, when the complainant approached the Bawana infra development pvt. Ltd, Opposite Party for water and sewage connection, they raised an illegal and arbitrary demand of Rs.2,23,722/- as Maintenance and CETP charge levied from the year 2012, while the actual possession was handed over on 02.11.2018 after paying due watch and ward charges. It is alleged that despite of the demand of possession raised in 2011, the complainant was given possession in the year 2018 only and the complainant has not availed any of the services/ benefits of the convenience. The complainant also alleges that he is facing great inconvenience due to non-availability of water and sewage connection leading to loss of business. The complainant had also sent an email to the Opposite Parties for revising the demand but no response was allegedly received. The complainant further alleged that the Opposite Parties had sent a threatening letter to cut the electricity connection if the said charges were not paid. Further, the opposite parties had also sent a message telephonically on10.05.2022 to the complainant directing him to clear CEPT and Maintenance charges till 15 April, 2021 amounting to Rs. 4,80,268/-. Vide letter dated 12.05.2022, the complainant had raised his concerns to the Opposite Parties  and requested for calculating the said charges and also informed his willingness to pay actual CEPT and Maintenance charges from year 2019.
2. Hence, the present complaint has been filed praying that directions be issued for the maintenance and CEPT charges to be levied from the year 2019 and to restrain the Opposite Parties from disconnecting the electricity connection and to issue the water and sewage connection. The Complainant has also prayed compensation on account of mental harassment and litigation charges.
3. None has appeared on behalf of Opposite Parties to contest the case despite service of notice. Therefore, both the Opposite Parties were proceeded ex-parte vide order dated 27.09.22.

      Ex-Parte evidence of the Complainant

4. The Complainant in support of his complaint filed his affidavit in evidence wherein he has reiterated the assertions made in the complaint and in support of his assertions and contentions, relied upon the documents inter alia the photocopies of Allotment Letter cum demand letter dated 02.07.2010, Possession letter dated 30.10.2018, Letter for handing over physical possession dated 02.11.2018, email dated 21.06.2019 sent to Opposite Party No.1, letters sent to DSIDC on 07.09.2010, 08.02.2011 and 09.09.2016, Copy of Notice received from Commissioner of Industries etc.

     Arguments and Conclusion

5. We have heard the Complainant and also perused the file carefully. The case of the Complainant is that on 02.07.2010, the complainant was allotted the subject industrial plot at Bawana by the opposite parties and the requisite amount for the same was also deposited on time. It is averred that the complainant was handed over the physical possession of the said plot on 02.11.2018 after completing all the formalities. It is alleged that upon approaching the Bawana Infra development pvt. Ltd, the Opposite Party by the complainant for water and sewage connection, they raised an illegal and arbitrary demand of Rs.2,23,722/- as Maintenance and CETP charge levied from the year 2012, while the actual possession was handed over on 02.11.2018 after paying due watch and ward charges. The complainant had also sent an email to the Opposite Party for revising the demand but no response was allegedly received. The complainant further alleged that the Opposite Party had sent a threatening letter to cut the electricity connection if the said charges were not paid. Further, the opposite party had also sent a telephonic message on 10.05.2022 to the complainant directing him to clear CEPT and Maintenance charges till 15 April, 2021 amounting to Rs. 4,80,268/-. The complainant had raised his concerns to the Opposite Party vide letter dated 12.05.2022 and requested for revising the said charges and also informed his willingness to pay actual CEPT and Maintenance charges from year 2019.
6. The perusal of the record shows that the complainant was handed over the actual physical possession on 02.11.2018. It is alleged that the Opposite parties had raised the demand of Rs.2, 23,722/- as Maintenance and CETP charge levied from the year 2012. The perusal of the demand note issued by the Opposite parties to the complainant reveals that the said amount includes CEPT charges levied upto 31.05.2019 and Maintenance charges levied till 30.04.2019.The email dated 21.06.2019 sent to Opposite Party clearly shows that the complainant raised his concern and requested to calculate the said bill from the date of possession but the Opposite party served the complainant with the show cause Notice dated 12.04.2022 requesting the complainant either to pay the CEPT dues or his industry would be closed down. The letter dated 12.05.2022 sent to the Opposite party shows that the complainant again raised the same concern.
7.  The opposite parties have not appeared and contested the case while the complainant has supported his averments by affidavit and filed certain documents, so, the averments made in the complaint are to be believed. From the unrebutted averments and evidence placed on record by the complainant, it is proved that the complainant was handed over the actual possession on 02.11.2018. It is also established that the Opposite party raised a demand on account of CEPT and Maintenance charges which was objected to by the complainant as being arbitrary and illegal and opposite parties were requested to calculate the said charges from the date of possession. In spite of having raised the concerns on that account by the complainant, opposite party did not revise the said demand and continued to demand those charges.
8. The complainant was entitled to pay the dues on account of maintenance and CEPT charges from the date of actual possession only since he had not availed any of the services or benefits prior to the date of actual possession. In view thereof, such demand was wholly arbitrary and against the law.
9. In view of above discussion, we are of the considered opinion that the Opposite parties have committed deficiency in service towards the complainant by raising an illegal and arbitrary demand and not revising the said bill in spite of the request of the complainant to calculate the charges from the date of possession.
10. Thus, we allow the complaint and direct the Opposite Parties that a revised demand be issued to the complainant within 30 days from this order, calculating the CEPT and maintenance charges from the date of actual possession which is 02.11.2018 till date with interest @ 6% per annum, and the complainant is directed to make the payment within 30 days of receiving the revised demand. The Opposite Parties is further directed to issue the water and sewage connection as per law. The Opposite Parties is also directed to pay Rs. 50,000/- towards compensation and other costs along with interest @ 6 % per annum from the date of this order till its recovery.

 

 

11. Order announced on 23.02.2023.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Adarsh Nain)           Member

(Surinder Kumar Sharma)      President