DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH === Consumer Complaint No | : | 445 of 2011 | Date of Institution | : | 04.08.2011 | Date of Decision | : | 02.09.2011 |
Reema Singla w/o Raj Krishan Singla r/o H.No.21, Sector 28-A, Chandigarh. ---Complainant V E R S U S 1. Director, Silver City Construction ltd., Ambala Chandigarh Highway, Zirakpur. 2. Sr. General Manager, Silver City Construction ltd., Ambala Chandigarh Highway, Zirakpur. 3. Director, Town and Country Planning Department, Punjab Chandigarh. ---Opposite Parties CORAM: SH.P.D.GOEL, PRESIDENT SH.RAJINDER SINGH GILL, MEMBER DR.(MRS) MADANJIT KAUR SAHOTA MEMBER Argued by: Sh. J.K.Goel, Adv. for complainant. OPs exparte. PER P.D.GOEL, PRESIDENT The complainant has filed the present complaint under section 12 of the Consumer Protection Act (as amended upto date) “hereinafter referred to as the Act”. In short, the facts of the case are that Sh.Gurmit Singh Sathi S/o sh.Bhag Ram and Sh.Jiwan Singh Sathi s/o Sh.Gurmeet Singh purchased the plot NO.30 situated in Silver Extent Colony, NAC Zirakpur vide agreement to sell dated 14.06.2001. Thereafter the aforesaid plot was purchased by Sh.Surinder Kumar s/op sh.Ram Parkash (Power attorney holder of Sh.Gurmeet Singh and then by the complainant vide sale deed dated 21.06.2011 duly registered in the office of Sub Registrar, Dera Bassi. The said plot was also mutated in favour of the complainant and now the complainant is owner in possession of the said plot. According to the complainant, she got the plan approved from the competent authority for construction of the house and requested the OPs NO.1 and 2 for releasing water and sewerage connection in the first week of July, 2011 with a request to intimate her the exact and actual price for the same. The complainant averred that OPs No.1 and 2 directed her to deposit Rs.92000/- on account of water and sewerage connection which is highly exaggerated and arbitrary and therefore, she made representation dated 15.07.2011 and even send a cheque of Rs.5000/- as initial amount for releasing the water and sewerage connection charges under protest but to no effect and ultimately, the complainant served the OPs with a legal notice dated 26.07.2011 but to no effect. Hence, this compliant. 2. OPs No.1 and 2 refused to accept the notice, hence proceeded exparte vide order dated 19.08.2011. Similarly, OP-3 did not appear despite due service, hence it was also proceeded against exparte vide order of even date. 3. We have heard the learned counsel for the complainant and have also perused the record. 4. The complainant has placed on record the copy of the sale deed dated 21.06.2011 registered in her name in the office of Sub Registrar, Dera Bassi which shows that she purchased the plot in question from Sh.Surinder Kumar s/o Sh.Ram Parkash (Power attorney holder of Sh.Gurmeet Singh). The complainant has also placed on record the representation dated 15.07.2011 which shows that she made representation to Manager of the OPs No.1 and 2 regarding releasing of the water and sewerage connection on payment of the requisite charges as she wanted to raise the construction over the plot. 5. Annexure C-4 is the copy of the legal notice dated 25.07.2011 wherein it has been stated that the complainant intends to raise the construction over the plot in question for residential purpose and therefore, she needs the water and sewerage connection. OPs were also requested to intimate with regard to the water and sewerage connection charges. It has also been stated in the notice that instead of giving the actual water and sewerage connection charges, the complainant was asked to deposit Rs.92000/-. It has also been stated in the legal notice that the request was made to provide the detail of the amount of Rs.92000/- but all in vain. It has also been stated in the legal notice that to avoid unavoidable litigation, the cheque of Rs.5000/- was enclosed with the legal notice on account of water and sewerage connection charges. 6. The complainant has filed her detailed affidavit, stating therein, that the OPs No.1 and 2 have failed to release the water and sewerage connection on payment of the actual charges so far, despite the fact, that she wants to raise the construction over the plot in question. In our considered opinion, it is the bounden duty of the OPs No.1 and 2 to provide the basic amenities to its allottees on payment of the actual charges and failure to do so amounts to deficiency in service on their part. In the present case, OPs No.1 and 2 have failed to release the water and sewerage connection despite the fact that the complainant is ready to deposit the actual charges which itself amounts to deficiency in service on their part. Otherwise also, the allegations made in the complaint have gone un-rebutted and un-controverted as nobody appeared on behalf of the OPs to contest the case. 7. As a result of the above discussion, this complaint is accepted and OPs No.1 and 2 are directed to release the water and sewerage connection to the complainant forthwith on payment of the actual charges, as per agreement, if any, failing which as per the rules. The OPs No.1 and 2 are also directed to pay to the complainant a sum of Rs.10,000/- as compensation for mental agony and harassment besides Rs.5000/- as costs of litigation. 8. The certified copies of this order be sent to the parties free of charge. The file be consigned. | Sd/- | | Sd/- | Sd/- | 02.09.2011 | [Madanjit Kaur Sahota] | | [Rajinder Singh Gill] | (P.D.Goel) | cm | Member | | Member | President |
| | MR. RAJINDER SINGH GILL, MEMBER | HONABLE MR. P. D. Goel, PRESIDENT | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | | 
