Chandigarh

DF-II

CC/665/2018

Bhartendu Sood - Complainant(s)

Versus

Chairman Chandigarh Housing Board (CHB) - Opp.Party(s)

In Person

02 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

 

Consumer Complaint  No	:	665 of 2018
Date  of  Institution	:	27.11.2018
Date   of   Decision	:	02.05.2019

 

 

 

 

 

Bhartendu Sood s/o Late Sh.Bhupinder Nath, aged 66 years, Residing at 231, Sector 45-A, Chandigarh.       HaryaHarHar      

             …………….Complainant

 

Versus

 

Chairman, Chandigarh Housing Board (CHB),Sector 9, Chandigarh.   

  

………. Opposite Party

 

 

BEFORE:  MR.RAJAN DEWAN        PRESIDENT

MRS.PRITI MALHOTRA    MEMBER

                    MR.RAVINDER SINGH     MEMBER

           

Argued by :- Complainant in person.

 Sh.Inder Pal Singh Issar, Adv. for Opposite Party.

 

 

RAVINDER SINGH, MEMBER

 

                    The case of the complainant is that he applied to Opposite Party on 2.6.2016 for transfer of ownership of Dwelling Unit No.231, Sector 45-A, Chandigarh on the basis of GPA executed in the year 1995, under normal category.  It is averred that the complainant along with application has also deposited all the relevant documents as well as publication fee of Rs.10,000/- and processing Fee of Rs.3000/- with the Opposite Party.  It is also averred that after 16 month since the date of filing the application, the Opposite Party advised the complainant, vide letter dated 27.9.2017, for deposit of Transfer fee of Rs.1,99,944/- including GST @15% and Ground Rent of Rs.2051 plus GST @15%. The complainant sought the break-up of amount so claimed by the Opposite Party, but the Opposite Party did not reply.  Late on, when the complainant visited the office of Opposite Party, he was told that the Transfer of ownership on the basis of GPA was discontinued vide Circular dated 19.12.2017 of Finance Department, UT, Chandigarh.  It is stated that during the period from 2.6.2016 to 30.9.2017, the Opposite Party cleared 298 applications for transfer under Tatkal and 98 application under normal category and as such gave preference to Tatkal applications instead of maintaining the balance.  It is stated that the complainant sent notice to Opposite Party to return back his original documents i.e. GPA, Agreement to Sell, Will deposited along with application, as well as the amount deposited with the application, but the Opposite Party neither returned the documents nor refunded the amount nor transferred the unit in the name of complainant.  Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of Opposite Party.

 

2]       The Opposite Party has filed reply and while admitting the factual matrix of the case, stated that due to heavy rush of transfer cases on GPA basis, the turn of application of the complainant came in the end of Sept., 2017 and accordingly, letter was sent to him for deposit of transfer fee of Rs,1,99,944/- which includes GST @Rs.30,500/-.  It is stated that GPA transfer request of all the applicants were dealt with in accordance with First In First Out method adopted by Opposite Party and the Tatkal cases have been dealt by another branch of Opposite Party.  It is submitted that a notice was received from Chandigarh Administration on 19.12.2017 vide which instructions were issued to Opposite Party to discontinue all kinds of transfer on GPA basis.  It is also submitted that Opposite Party never allowed any transfer on the basis of GPA against the ruling of Hon’ble Apex Court and immediately discontinued the scheme on the receipt of notification from administration which was issued on the basis of order of Hon’ble Apex Court.  It is further submitted that Opposite Party never retained the documents of the complainant unnecessarily and returned the same to him vide Office letter No.1356, dated 22.11.2018 immediately after the complainant submitted the request letter to Opposite Party on 5.10.2018 vide Diary No.2524.  It is stated that the processing fee of Rs.3000/- and publication charges of Rs.10,000/- both are non-refundable as the board has processed the GPA transfer case of the applicant and the publication has also been  issued in the three leading newspapers.  Denying all other allegations and pleading no deficiency in service, the Opposite Party has prayed for dismissal of the complaint.

 

3]      Rejoinder has been filed by the complainant thereby reiterating the assertions as made in the complaint.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the complainant in person, ld.Counsel for OPs and also carefully examined the entire evidence on record.

 

6]       The complainant was requested vide letter No.HB/AO-II/2017/2799, dated 27.9.2017 to deposit requisite transfer fee of Rs.1,99,944/- and ground rent of rs.2051/- to enable to consider transfer of ownership of Dwelling Unit 231, Ground Floor, Sector 45, Chandigarh in his name on the basis of General Power of Attorney dated 22.2.1995, but he did not complied with the instructions of Chandigarh Housing Board/Opposite Party.  The complainant cannot take benefit of his own lapses and laches on his part.

 

7]       The Opposite Party has returned the original documents to the complainant vide Office Letter No.1356, dated 22.11.2018 with reference to his written request dated 5.10.2018 i.e. prior to filing of this consumer complaint before this Forum on 28.11.2018. There is no inordinate delay on the part of Opposite Party in this matter.

 

8]       The Opposite Party/Chandigarh Housing Board, has, without prejudice, processed the case of the complainant regarding transfer of ownership and published a public notice too as per rules and as such the publication charges of Rs.10,000/- as well as processing fee of Rs.3000/- paid by the complainant cannot be reimbursed as claimed for in this complaint. 

 

9]       The present complaint being infructuous as well as without any merit, is hereby dismissed.

         The copy of this order be forwarded to the parties free of cost as per rules.

Announced

2^nd May, 2019                                                                Sd/-

 (RAJAN DEWAN)

PRESIDENT

                                                                                               

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER