Haryana

Karnal

CC/67/2023

Smt Kailash Kumari - Complainant(s)

Versus

Estate Officer, Haryana Sehri Vikas Paradhikaran - Opp.Party(s)

V.K. Sharma

07 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No.67 of 2023

                                                        Date of instt.24.01.2023

                                                        Date of Decision:07.06.2024

 

Smt. Kailash Kumari wife of Shri Naresh Kumar Mehta # 779, sector 8, Urban Estate, Karnal.

                                                                   …….Complainant.

                                              Versus

 

1. Estate Officer, Haryana Sehri Vikas Paradhikaran sector 12, Karnal.
2. Chief Administrator, Haryana Sehri Vikas Paradhikaran sector 6, Panchkula.

                                                                   …..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.      

      Sh. Vineet Kaushik…….Member

      Dr.  Suman Singh…..Member

 

 Argued by: Shri V.K. Sharma, counsel  for the complainant.

                    OP exparte (vide order dated 18.04.2023)

 

                     (Jaswant Singh, President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant is a owner of Kiosk number 127, sector 8, Urban Estate, Karnal vide re-allotment letter no.1676 dated 30.01.2021 issued by HUDA Karnal. The complainant got approved the building plans from the office of EO, HUDA vide letter no.21488 dated 06.12.2004 after deposits of all dues. The DPC of the Kiosk were completed and after checking by Junior Engineer, HUDA, Karnal certificate was issued in favour of complainant, vide memo no.21950 dated 15.12.2004. The Kiosk were completed in a number of days because its small size and an authorized architech HUDA i.e. AR Naveen Goel issued a completion certificate, vide letter dated 30.12.2004 and an affidavit also got prepared by the complainant on 31.12.2004 but the same could not be submitted in the office of HUDA, Karnal due to some incident happened in his family. The shop remained closed so long and electricity connection got installed at the premises on 26.02.2011 from UHBVNL, Karnal. The complainant is an old age about 65 years and decided to execute a Will of her movable and immovable assets. When complainant went to the deed writer, he suggested to execute a conveyance deed from HUDA for the abovesaid property. Accordingly complainant applied for Conveyance Deed in the office of HSVP, Karnal on 03.03.2021. Thereafter, HSVP raised objection in this regard that an amount of Rs.3,94,980/- is pending as extension fee and extension surcharge against the complainant and denied to execute the conveyance deed in her favour. Complainant met with Shri Ajit Bala Ji Joshi, IAS, CA of HSVP at Panchkula in the month of March, 2021 and submitted a representation for waiver off abovesaid extension fee and surcharge and same copy were forwarded in the office of HSVP, Karnal. A reference were marked and dispatched by accounts officer, HSVP, Panchkula to HSVP, Karnal with a copy to complainant, vide letter dated 26.03.2021. The complainant contacted the OPs several times personally as well as on telephone and emails. Moreover, the complainant dispatched several reminders through letters also. Complainant has also written a letter on 21.09.2022 but no reply given by the OPs. Complainant has written letter to Shri Kamal Gupta, concerned Minister and Chief Minister of Haryana for brining the policy as the same were valid upto 31.03.2020. Ultimately, new policy issued by Administrator (HQ), HSVP, Panchkula as per letter no.A-7-UB-2022/194934 dated 21.11.2022, where a sum of Rs.25000/- , Rs.50,000/- and Rs.1,00,000/- fixed for residential, commercial and group housing flats. As per sub clause 1 para 8 of abovesaid policy, the allottee have to apply through user ID and password in new correction data with all the supporting documents. As per abovesaid policy, the complainant deposited an amount of Rs.50,000/- in ICICI Bank on 01.12.2022 and uploaded the documents in correction data at serial number 14 as per check list and hard copy of all the documents in the office of EO, HSVP, Karnal as per discussion of official of OPs. Thereafter, complainant has given a letter dated 03.01.2023 in the office for issue of Occupation Certificate and Conveyance Deed. Then on 16.01.2023, official of the OPs told to complainant that more than Rs.4,00,000/- is pending and then file sent to Account Branch and DA of Account Branch reported that a sum of Rs.50000/- deposited on 01.12.2022. On 17.01.2023, husband of complainant met to Shri Rahul who visit office at 2.30 p.m. and told that he will visit the site on 18.01.2023 at 11.00 a.m. but he did not attend the call and not visited site. On 19.01.2023, he told over phone and the documents were to be uploaded at one time window and her case cannot consider as per policy dated 21.11.2022. OPs must issue a letter to complainant to upload the documents on single settlement window when all related documents acknowledged in his office. Shri Rahul, JE also said that a wide publicity of this policy/guidelines may be done, through print and electronic media. Number of mails were also sent by the complainant to OPs and requested to issue the Occupation Certificate and Conveyance Deed but OPs did not bother to the request of complainant. It is clear cut harassment to the senior Citizen by the officers/officials, HSVP, Karnal. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence, complainant filed the present complaint seeking direction to the OPs to issue Occupation Certificate and give Conveyance Deed for which complainant applied and to pay Rs.50,000/- as compensation on account of mental pain, agony and harassment.

2.             On notice, OPs did not appear despite service and opted to be proceeded against exparte, vide order dated 18.04.2023 of the Commission.

3.             Complainant has tendered into evidence her own affidavit Ex.CW1/A, copy of letter dated 21.11.2022 regarding one time opportunity to all allotees of residential, commercial, institutional and Group Housing HSVP Urban Estates, who have occupied the buildings without obtaining valid occupation certificate, to make an application for issuance of Occupation Certificate-Revised policy Ex.C1, copy of certificate issued by AEE, UHBVN Ex.C2, copy of letter dated 12.05.2023 regarding issuance of occupation certificate Ex.C3, copy of affidavit of complainant Ex.C4, copy of complaint to CM Grievances Redressal System Ex.C5 and closed the evidence on 24.08.2023 by suffering separate statement.

4.             In additional evidence, learned counsel for complainant has tendered copy of re-allotment letter Ex.C6, copy of Building Plan Approval Ex.C7, copy of DPC certificate Ex.C8, copy of completion certificate from Architech Ex.C9. copy of request to waiver of extension fee Ex.C10 to Ex.C15, copy of reply of CM window application dated 05.10.2021 Ex.C16, copy of reply of CM window application dated 27.08.2021 Ex.C17, copy of application for Determination of actual date of construction Ex.C18, copy of receipt of deposit of Rs.50,000/- dated 01.12.2022 Ex.C19, copy of application for release of Conveyance Deed Ex.C20, copy of application regarding new ticket for Data Correction dated 01.12.2022 Ex.C21 and closed the additional evidence on 23.02.2024 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             Learned counsel for the complainant, while reiterating the contents of written version, has vehemently argued that complainant is a owner of Kiosk number 127, sector 8, Urban Estate, Karnal. The complainant got approved the building plans from the office of EO, HUDA vide letter no.21488 dated 06.12.2004 after deposits of all dues. The complainant wants to execute a Will of her assets and she approached to the deed writer, he suggested to execute a conveyance deed from HSVP of said Kiosk. Accordingly complainant applied for Conveyance Deed in the office OPs on 03.03.2021. OPs denied to execute the conveyance deed on the ground that an amount of Rs.3,94,980/- is pending as extension fee and extension surcharge against the complainant. In March, 2021, complainant moved an application with the OPs for waiver off abovesaid extension fee and surcharge. A new policy dated 21.11.2022 issued by Administrator (HQ), HSVP, Panchkula and as per said policy, complainant deposited an amount of Rs.50,000/- on 01.12.2022 and uploaded the documents. Complainant wrote a letter dated 03.01.2023 to OPs for issue of Occupation Certificate and Conveyance Deed but in reply official of the OPs told to complainant that more than Rs.4,00,000/- is pending. On 19.01.2023, OPs told the complainant the documents were uploaded at one time window and her case cannot consider as per policy dated 21.11.2022. Number of mails were also sent by the complainant to OPs and requested to issue the Occupation Certificate and Conveyance Deed but OPs did not pay any attention to the request of complainant and lastly prayed for allowing the complaint.        

6.             To prove her case, complainant has placed on file her affidavit Ex.CW1/A, copy of letter dated 21.11.2022 regarding one time opportunity to all allotees of residential, commercial, institutional and Group Housing HSVP Urban Estates, who have occupied the buildings without obtaining valid occupation certificate, to make an application for issuance of Occupation Certificate-Revised policy Ex.C1, copy of certificate issued by AEE, UHBVN Ex.C2, copy of letter dated 12.05.2023 regarding issuance of occupation certificate Ex.C3, copy of affidavit of complainant Ex.C4, copy of complaint to CM Grievances Redressal System Ex.C5, copy of re-allotment letter Ex.C6, copy of Building Plan Approval Ex.C7, copy of DPC certificate Ex.C8, copy of completion certificate from Architech Ex.C9. copy of request to waiver of extension fee Ex.C10 to Ex.C15, copy of reply of CM window application dated 05.10.2021 Ex.C16, copy of reply of CM window application dated 27.08.2021 Ex.C17, copy of application for Determination of actual date of construction Ex.C18, copy of receipt of deposit of Rs.50,000/- dated 01.12.2022 Ex.C19, copy of application for release of Conveyance Deed Ex.C20, copy of application regarding new ticket for Data Correction dated 01.12.2022 Ex.C21. To rebut the evidence produced by the complainant, OP did not appear and opted to be proceeded against exparte, hence the evidence produced by the complainant is unchallenged and unrebutted, but it will be decided by the competent authority whether the case of the complainant falls in the new policy bearing Memo no.A-7-UB-2022/194934 dated 21.11.2022.

7.             Thus, as a sequel to abovesaid discussion, we dispose of the present complaint with the direction to OPs to consider the case of complainant according to new policy Ex.C1 dated 21.11.2022, within two months from the date of receipt of the order. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 07.06.2024                                                                   

                                                                      President,

                                                      District Consumer Disputes

                                                      Redressal Commission, Karnal.

 

                  (Vineet Kaushik)              (Dr. Suman Singh)

                        Member                             Member