Punjab

StateCommission

FA/12/1469

Inder Pal Singla - Complainant(s)

Versus

DC, Barnala - Opp.Party(s)

Tribhawan Singla

24 Aug 2015

ORDER

                                                               FIRST ADDITIONAL BENCH

 

STATE  CONSUMER  DISPUTES  REDRESSAL COMMISSION, PUNJAB

          SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

                                     

                   First Appeal No.1469 of 2012

 

 

                                                Date of Institution: 02.11.2012

                                                Date of Decision :  24.08.2015

 

Inderpal Singla son of Sh. Walaiti Ram, resident of K.No.49, 22 Acre Scheme, Barnala, Tehsil and District Barnala.

                                                                                                                                                                                                                                                                               …..Appellant/Complainant  

                                      Versus

1.      Deputy Commissioner, Barnala.

2.      Improvement Trust, Barnala through its Chairman.

3.      Improvement Trust, Barnala, through its Executive Officer

 

                                                          … Respondents/Opposite Parties.

 

First Appeal against order dated 05.09.2012 passed by the District Consumer Disputes Redressal Forum,  Barnala

Quorum:-

 

          Shri J. S. Klar, Presiding Judicial Member.

          Shri. Harcharan Singh Guram, Member

 

Present:-

 

          For the appellant                   :         None

          For the respondents              :         Sh. Taranvir S.Lehal, Advocate

 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

J.S KLAR, PRESIDING JUDICIAL MEMBER :-

         

          The appellant of this appeal (the complainant in the complaint) has directed this appeal against the respondents of this appeal (the opposite parties in the complaint), challenging order dated 05.09.2012 of District Consumer Disputes Redressal Forum Barnala, dismissing the complaint of the complainant. The instant appeal has been preferred against the same by the complainant now appellant.

2.      The complainant has filed  the complaint U/s 12 of the Consumer Protection Act, 1986 (in short, "the Act") against the OP on the averments that the complainant purchased a plot no.49 situated in Shaheed Sewa Singh Thikriwala  Nagar ( 22 Acre Scheme)  of Improvement Trust Barnala from OPs. OPs issued transfer letter memo no.ITB/98/4200 dated 29.12.1998 in favour of the complainant. The complainant entered into footstep of Smt. Savitri Devi wife of Ved Parkash resident of B-VII/286 near Dera Baba Gandha Singh Barnala, who was allottee of the said plot , vide allotment no.ITB/349 dated 13.04.1987. The said Smt. Savitri Devi transferred the entire rights of the said plot in favour of the complainant. After purchase of the plot in question, the complainant paid the transfer fee of the plot to OP No.2 and 3, as levied upon him by them. The complainant paid entire dues of the plot to the OP nos.2 and 3 and applied for approval of sanction of site plan, which was sanctioned by OP No.2 and 3, vide no.61 dated 29.12.1998. The complainant constructed his house on the said plot, as per the norms of the OPs no.2 and 3. The complainant applied for the execution of the conditional title deed in his favour from OP No.2 and 3 for obtaining housing loan from the Bank. The OPs executed and registered the conditional sale deed dated 25.02.1999 in favour of the complainant. OP No.2 and 3 issued a letter to the complainant raising demand of Rs.11,000/- from him on account of excess construction fee up to 1999. The complainant applied for electric and sewerage connection, which was connected to his house. The complainant obtained verification from the concerned departments about it. The complainant applied for the execution and registration of the said property in his favour and submitted an application for the same on 13.07.2011. The OPs no.2 and 3 failed to execute the registered sale deed of the plot in question in favour of the complainant and put off the matter on one pretext or the other. The OPs no.2 and 3 failed to execute the sale deed of the plot in favour of the complainant and illegally demanded Rs.9977/-, as compounding charges and Rs.27,840/-, as non-construction fee from the complainant, vide letter no.1542 dated 11.11.2011 issued by OP No.3. The complainant has already completed his house for residential purpose with his family from the year 2000-2001. The complainant also served reply of the said letter to waive the alleged penalties, but to no effect. The complainant has, thus, filed the present complaint  directing the OPs to execute and register the sale deed of the plot bearing no.49 in his favour and further directed to withdraw the illegal demand of Rs.27,840/- plus Rs.9977/- , besides Rs.50,000/- as compensation for mental harassment and Rs.10,000/-, as costs of litigation.

3.      Upon notice, OP No.1 was set exparte before District Forum.

4.      OP No.2 and 3 filed joint written reply raising preliminary objections that the complainant is not a consumer of the OPs and complainant has not come to the court with clean hands. The plot in question  was allotted to one Sewak Singh, vide allotment letter dated 13.04.1987 with all rights and liabilities by the OPs, subject to terms and conditions of the allotment letter  and agreement for sale on Form D duly signed by Sewak Singh alottee. Symbolic possession of the plot was handed over to the allottee on the day of allotment. The allottee was required to construct the house within three years from the date of allotment after getting demarcation and after getting the plan of proposed building approved from the Trust. It was further pleaded that original allottee did not construct the house within prescribed time and sold it to one Savitri Devi, who further sold it to complainant, vide transfer letter dated 29.12.1998. As per Government Instructions, the allottee will have to pay non-construction fee. The complainant violated the terms and conditions of the said allotment letter, agreement for sale and other documents executed between the parties by non-construction of complete habitable/dwelling unit comprising at least of one living room, a kitchen, a bathroom with W/C with sewerage, water and electricity connection with boundary wall etc. The construction time was assessed on 24.10.2000 and non-constructions fee only for year 2000 alongwith interest was demanded from the complainant as non-construction fee upto year 1999 was deposited by the complainant. Instead of depositing the non-construction fee along with interest, the complainant filed the present complaint. OP No.2 and 3 controverted the averments of the complainant even on merits. It was denied that demand of Rs.9977/- as compounding charges and Rs.27,840/- as non-construction was in any manner illegal and unauthorized. The OPs no.2 and 3 prayed for dismissal of the present complaint on the ground that complainant failed to raise the construction within three years from the required time. 

5.      The complainant tendered in evidence, the affidavit of Inderpal Singla complainant Ex.C-1 along with copies of the documents Ex.C-1 to Ex.C12.  As against it, OPs tendered in evidence the affidavit of  Ravinder Kumar Executive Officer Improvement Trust Barnala Ex.RW-1/A along with copies of the documents Ex.R-1 to Ex.R-5. On conclusion of evidence and arguments, the District Forum, Barnala, dismissed the complaint of the complainant by virtue of order dated 05.09.2012. Dissatisfied with the order of the District Forum Barnala dated 05.09.2012, the complainant now appellant has preferred this appeal against the same.  

6.      We have heard learned counsel for the respondent, as none appeared for the appellant at the time of arguments of the appeal. We proceed to decide the case on its merits with the aid of evidence on the record. Ex.C-1  is affidavit of Inderpal Singla complainant on the record. He swore in this affidavit in reiteration of his averments on oath, as contained in the complaint. Ex.C-2 is letter from Executive Officer of the Improvement Trust to the complainant on 29.12.1998 with regard to transfer of plot no.49 in favour of the complainant. Ex.C-3 is letter dated 20.6.2000 from Executive Officer of OP to complainant regarding remiting of extension fee. Ex.C-4 is letter from Sub Divisional Engineer Barnala to complainant with regard to sanction of sewerage connection in the name of the complainant Inderpal Singla  on 13.07.2000. Ex.C-5 is sale deed dated 25.02.1999 in favour of the complainant by Chairman Improvement Trust. Ex.C-6 is letter from Sub Divisional Engineer  Barnala addressed to the complainant for release of the electricity connection on 23.08.2011. Ex.C-7 is certificate of the complainant addressed to the Chairman Improvement Trust Barnala for title deed. Ex.C-8 is letter from Executive Engineer to Inderpal Singla raising demand of Rs.27,840/- for non-construction charges, Rs.9977/- for compounding fee. Ex.C-10 is the receipt of deposit of Rs.4400/- by the complainant with OPs on 21.06.2000. Ex.C-11 is letter from Executive Engineer to complainant to produce the proof regarding water connection and electricity connection to the office of OPs.

7.      To refute this evidence, OPs relied upon affidavit of Ravinder Kumar Executive Officer Improvement Trust Barnala Ex.RW-1/A. Ex.R-1 is instructions issued by Government of Punjab to the Chairman of all Improvement Trusts the State of Punjab with regard to guidelines regarding non-construction or extension fee charges, as detailed in it. Ex.R-2 to Ex.R-5 are guidelines sent to Chairman of all Improvement Trusts in the State of Punjab.

8.      From evaluation of the above-referred evidence and examining the record, the ground in challenging the order of the District Forum raised in grounds of appeal by the appellant/complainant is that he applied for execution of the conditional sale deed and it was executed by OP No.2 and 3 on 25.09.1999. OP no.2 and 3 demanded Rs.11,000/-  on account of excess construction fee and this fee was reduced to Rs.4400/- , which was deposited by the complainant on 21.6.2000 and non-construction fee was demanded at that time from the complainant. The demand has been challenged, as illegal and unauthorized by the complainant now appellant on the ground that District Forum erred in appreciating the controversy of the case. It was further taken in the grounds of appeal that Ex.C-8 clearly stated that in view of the application submitted by the complainant,  he should deposit non-construction fee in the year 2000 amounting to Rs.27,840/- along with compounding fee of Rs.9977/-, totaling Rs.37,817/-. The letter Ex.C-11 dated 19.08.2011 addressed to complainant, in which OPs asked the complainant to give proof with regard to date and time when electricity and water connection were issued in the name of the complainant in the above property. It is contention of the appellant that in the ground of appeal, that it is OPs, who demanded from complainant thenon- construction fee, which pertained to the year 2000, which is clearly time barred. The argument raised by counsel for the respondent is that complainant concealed vital facts from the Forum to the effect that Sewak Singh was the original allottee of plot no.49 , which was allotted on 13.04.1987 by OPs. It was argued that Sewak Singh had not raised the construction within time schedule and rather sold the plot to one Savitri Devi, who further sold it to complainant on 29.12.1998. The District Forum was impressed with this point that complainant has concealed the material fact from the District Forum. The plot was allotted initially in 1987 and application for registration of the sale deed was filed in the year 2011. The complainant deposited non-construction  fee up to 1999,  but failed to deposit the same up to the year 2000. OPs raised demand of non-construction fee for the year 2000 and complainant preferred to file complaint. We are only called upon to determine as to how the demand was raised by the OPs. Non-construction fee for late construction, is sanctioned by the Government instructions. The Consumer Forum cannot look into the validity of the documents or the instructions. The District Forum rightly discarded Ex.C-9, the document of the complainant, which is the photocopy because it is not supported by any postal receipt to substantiate it on the record. We find that OPs are within the purview of their domain  to raise demand of the non-construction charges from the complainant.

9.      The Apex Court has held in case titled as Huda Vs. Sunita reported in 2005(2) SCC Page 479 that the jurisdiction of the Consumer Forum is excluded with regard to composition fee and extension fee. There is nothing on the record to infer that the act of the OPs is outside the purview of the basic structure of the statute, where under OPs are claiming the above non-construction charges. We are in agreement with the findings of the District Forum in dismissing the complaint of the complainant. Generally, people buy the plot and do not raise the construction and they wait to earn huge profit thereon by re-selling them.

10.    As a result of our above discussion, we affirm the order of the District Forum Barnala dated 05.09.2012, under challenge in this case and resultantly the appeal filed by the appellant/complainant is ordered to be dismissed.

11.    Arguments in this appeal were heard on 19.08.2015 and the order was reserved. Copies of the order be communicated to the parties as per rules.

12.    The appeal could not be decided within the statutory period due to heavy pendency of court cases.

 

                                                                          (J. S. KLAR)

                                                          PRESIDING JUDICIAL MEMBER

                       

                                                         

                                                          (HARCHARAN SINGH GURAM)

                                                                             MEMBER

 

August 24, 2015.                                                                

(ravi)