DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Tek Chand son of Shri Khemdi Ram resident of House No.3247/1, Housing Board Colony, Dhanas, Chandigarh (corresponding Address  House No.621/A, Punjab Engineering College Campus, Sector 12, Chandigarh).

                                      ---Complainant.

Versus

1.                 Chandigarh Housing Board, Sector 9, Chandigarh through its Chairman

2.                 ICICI Bank, Sector 17-C, Chandigarh through its Branch Manager (originally The Bank of Rajasthan Ltd., Sector 17-C, Chandigarh and merged into ICICI Bank).

---Opposite Parties.

BEFORE:  SHRI LAKSHMAN SHARMA                 PRESIDENT

                   SMT. MADHU MUTNEJA                       MEMBER

                   SHRI JASWINDER SINGH SIDHU       MEMBER

Argued by:  Sh. Mohit Jaggi, Adv. for the complainant

                        Sh. P.V. Jalota, Adv. proxy for Sh. Rajesh Sood, Adv. for OP No.1

                        OP No.2 exparte. 

PER LAKSHMAN SHARMA, PRESIDENT

1.                           Sh. Tek Chand has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act only) praying for the following reliefs:

i)                   to direct opposite party No.1 to issue the No Objection Certificate;

ii)                to direct opposite parties to pay Rs.50,000/- as compensation towards mental tension, agony etc.

iii)              to direct opposite parties to pay Rs.10,000/- as litigation costs.

2.                           In brief, the case of the complainant is that he was allotted an LIG house at village Dhanas vide allotment letter dated 7.3.1988 (C-1).  Its possession was delivered to him on 21.3.1988.  The allotment was on hire purchase basis. As per the terms and conditions of the allotment, he was required to pay the price of the house in installments of Rs.352/- per month for a period of 18 years.  

                   According to the complainant, he paid all the installments regularly and nothing was outstanding against him.  On 22.9.2006 he applied for No Objection Certificate.  However, to his surprise he received a notice dated 24.5.2007 (C-3) whereby the opposite party No.1 made a demand of Rs.15,799/-. It was mentioned in the letter that the complainant has not paid three monthly installments and has also not paid the ground rent for the period 24.3.2006 to 23.3.2008.  According to the complainant, he made representation and intimated opposite party No.1 that he has paid all the instalments but to no effect.  Ultimately the complainant visited the office of opposite party No.1.  Opposite party No.1 handed him the statement of installments.  As per the said statement, three installments i.e. August, September 1991 and April 1993 were shown to have not been paid.  The complainant submitted the receipts for payment of these installments to opposite Party No.1.  Despite it, opposite party No.1 has not corrected its account and has not issued the No Dues Certificate. 

In these circumstances, the present complaint has been filed seeking the reliefs mentioned above.

3.                           In the written statement filed by opposite party No.1 it has been mentioned that the complainant has not deposited the outstanding dues as per the office report.  So, he is not entitled to the No Objection Certificate.  It is pertinent to mention here that the opposite party has not pleaded specifically as to how much amount is outstanding against the complainant and when demand for payment of such an amount was made.  It has been averred that the complainant was called for reconciliation but he did not attend the office. 

In these circumstances, it has been prayed that the complaint be dismissed.

4.                           Opposite Party No.2 did not appear despite due service.  Hence it was proceeded against exparte. 

5.                           We have heard the learned counsel for the contesting parties and have gone through the documents on record.

6.                           The complainant has specifically pleaded in his complaint that he has paid all the installments and his averment to his effect stands corroborated from his affidavit.  The complainant has also placed on record the statement of installments which was given to him by opposite party No.1.  As per this statement, three installments for the months of August, September 1991 and April 1993 were not paid.  However, the complainant has placed on record the copies of receipts as Annexure C-7 (Colly.) showing payment of these installments.  Thus, from the evidence on record, it has duly been proved that the installments, which are shown as outstanding in the statement of account given by opposite party No.1 to the complainant, had already been paid.  Opposite party No.1 has not come forward with any specific demand of amount nor any statement of account or any document has been placed on record to prove that any amount is outstanding against the complainant. 

7.                           In these circumstances, to our mind, from the material on record, it has been duly proved that the complainant has paid all the dues outstanding against him regarding the house in question.  

8.                           Hence the refusal on the part of opposite party  No.1 to issue the No Objection Certificate amounts to deficiency in service.

9.                           In view of the above discussion the present complaint is allowed qua opposite party No.1 with the following directions :-

i)                   to immediately issue the No Objection Certificate to the complainant

ii)                to pay Rs.10,000/- as compensation for mental agony and harassment caused to the complainant

iii)              to pay Rs.7,000/- as costs of litigation.

10.                       This order be complied with by the opposite party No.1, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(ii) shall carry interest @18% per annum from the date of this order till actual payment besides payment of litigation costs.

11.                       As no deficiency in service is proved against opposite party No.2, so the complaint qua it stands dismissed with no order as to costs.

12.                       Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

04.09.2012.

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

Sd/-

 (MADHU MUTNEJA)

MEMBER

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER