DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.631 of 2019

                                                Date of institution:  02.05.2019                                                  Date of decision   :  04.11.2019

Mrs. Charanjit Kaur, House No.2193, Sector 67, Jal Vayu Vihar, SAS Nagar, Mohali 160062.

…….Complainant

Versus

Chief Admin Officer, GMADA, PUDA Bhawan, Sector 62, SAS Nagar, Mohali 160062.

                                                         ……..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Complainant in person with her husband Ajmer Singh.

                OP Ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

                Complainant while residing in Chandigarh got transfer of intent of residential plot in Sectors 76-80 duly registered with GMADA. Plot No.1944-C Sector 80, Mohali was allotted to complainant in 2009. Complainant changed her residence to Mohali and OP was duly intimated about same in writing on 28.06.2013. That writing was received by OP. However, in November, 2015, OP sent allotment letter to owners of plots under the said scheme. Complainant did not receive allotment letter, due to which she had to contact dealing clerk, on which he claimed that complainant should submit an application and that is why same was submitted on 08.03.2017. After protracted correspondence and personal visits, OP issued allotment letter in March, 2018 from where complainant got knowledge as if original allotment letter was of date 17.11.2015. OP wrongly sent allotment letter at the old address of complainant, due to administrative lapses and negligence. From perusal of allotment letter, it transpired that it was sent at wrong address. As per allotment letter, schedule of payment commenced w.e.f. November, 2016. In view of delay caused by OP, OP was required to re-schedule payment plan or condone penalty. However, OP is desirous of keeping old payment schedule to the detriment of complainant, despite the fact that lapse and negligence is on part of OP, as pointed out above. It is claimed that for maintaining uniformity and parity, first installment of payment logically should be w.e.f. 23.03.2019. Interest on principal in terms of Para No.5 of allotment letter for period from 23.11.2016 to 23.03.2019 has to be either waived off or exempted and schedule of payment has to be revised accordingly with date of commencement of payment of first installment w.e.f. March, 2019. Request to OP on 20.11.2018 was sent, but no response received and that is why this complaint by claiming that despite personal visits and vigorous pursuing of case by complainant on 08.03.2017, 16.03.2017, 12.06.2017, 07.09.2017, 30.01.2018, 15.03.2018 and 26.11.2018.  Nothing was done by OP despite fact that  it adopted unfair trade practice or rendered deficient service. Original schedule of payment as per allotment letter dated 17.11.2015 was as per table given below:

                Delay of 28 months in sending letter of allotment caused immense agony and harassment to complainant and that is why this complaint for seeking re-scheduling of payment plan w.e.f. 23.03.2019 to 23.03.2021. That request in tabular form is made as under:

                Direction also sought to OP to condone interest on the delayed period due to administrative lapses of OP. Compensation for deficiency in service of amount of Rs.1.00 lakh also sought.

2.             OP is ex-parte in this case.  

3.             Complainant to prove her case tendered in evidence her affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-10 and then closed evidence.

4.             Written arguments not submitted. Oral arguments heard and records gone through.

5.             Allocation letter Ex.C-1 dated 20.11.2009 was issued by OP to complainant regarding allotment of Plot No.1944-C, Sector 80, Mohali. In this allocation letter itself, it is mentioned that before issue of allotment letter file submitted by complainant will be scrutinized and on finding eligibility for allotment, allotment letter will be issued. No communication regarding issue of allotment letter was issued to complainant, despite the fact that she through letter Ex.C-2 dated 28.06.2013, informed OP regarding change of her address to House No.2193, Sector 67, Jal Vayu Vihar, Mohali.  This letter Ex.C-2 was received in the office of OP and that is why diary No.17915 dated 28.06.2013 endorsed on the top of Ex.C-2. So certainly submission advanced by complainant has force that she gave intimation of change of her address on 28.06.2013 to OP. On account of giving of this intimation by complainant in writing to OP, it was the duty of OP to send allotment letter after scrutiny of case file at the changed address of complainant, as referred above.  However, perusal of allotment letter Ex.C-9 dated 17.11.2015 reveals that said allotment letter was sent to complainant at her address H.No.78m, Sector 33-A, Chandigarh. Date of issue of Ex.C-9 is 17.11.2015 and as such it is obvious that OP despite getting of information on 28.06.2013 regarding change of address of complainant sent the allotment letter Ex.C-9 to complainant at her old address of Chandigarh. It is on account of this that allotment letter was never received by complainant. Lapse on part of OP in sending allotment letter Ex.C-9 at the old address of complainant as such is there. Had OP and its officials gone through the records, then they certainly would have known that complainant has given intimation regarding change of her address through Ex.C-2 atleast 2 years and 5 months prior to issue of allotment letter Ex.C-9. That scrutiny was not done and as such certainly there is deficiency in service on part of OP and its officials in not dispatching the allotment letter at the appropriate address of complainant.

6.             Complainant through letter Ex.C-4 dated 16.03.2017 was informed as if her address has been changed in the records of OP, but thereafter complainant through letter Ex.C-5 dated 08.06.2017 informed OP as if the change of address was communicated to OP on 28.06.2013.  Contents of Ex.C-5 are correct in view of contents of Ex.C-2 as referred above. It was through Ex.C-5 that complainant claimed as if allotment letter probably was sent at her previous address. In view of non receipt of allotment letter, complainant sent letter Ex.C-6 on 07.09.2017 for calling upon OP to send copy of allotment letter because earlier allotment letter dated 17.11.2015 was not received by her. Through Ex.C-7 dated 29.01.2018, complainant requested OP to send copy of allotment letter and it was on account of this that copy of allotment letter was sent to complainant on 15.03.2018 through letter Ex.C-8. Being so, submission advanced by complainant and her husband has force that as allotment letter Ex.C-9 was not received by complainant untill 15.03.2018, and that is why payment as per schedule worked out in Para No.5 of allotment letter Ex.C-9 cannot be adhered to by complainant. That payment schedule provides for payment of first 6 installments during period from 23.11.2016 to 23.05.2019. As complainant did not receive allotment letter untill 15.03.2018 and as such certainly she could not have known about this payment schedule worked out in Para No.5 of Ex.C-9. It is on account of this that complainant sent request letter Ex.C-10 dated 26.10.2018 for calling upon OP to re-schedule payment plan by waiving interest amount of Rs.69,862/- and allowing her to pay installments w.e.f. 23.03.2018. However, no response to this letter Ex.C-10 received by complainant till filing of complaint on 02.05.2019 and as such negligence or deficiency in service in this respect also is on part of OP, more so when this Ex.C-10 received in the office of OP vide diary No.42544 dated 26.11.2018. For this deficiency and negligence on part of OP, certainly complainant suffered mental agony and harassment because she had to visit OP office many times, but did not get response despite issue of above referred letters. Request Ex.C-10 needs to be considered by OP within specified period by keeping in view rules and regulations, but after affording opportunity of personal hearing to complainant, so that justice may be done to complainant or complainant may not be denuded of her due on the basis of allotment letter Ex.C-9 (received late by her by 28 months approximately).

7.             As a sequel of above discussion, complaint allowed with direction to the OP to consider request Ex.C-10 of complainant within 40 days from the date of receipt of certified copy of the order by affording opportunity of personal hearing to complainant.  Compensation for mental agony and harassment of Rs.30,000/- and litigation expenses of Rs.10,000/- more allowed in favour of the complainant and against the OP.  Payment of these amounts of compensation and litigation cost be made within 30 days from the date of receipt of certified copy of order. Certified copies of the order be supplied to the parties as per rules. File be indexed and consigned to record room.

Announced

November 04, 2019

                                                                        (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member