BEFORE THE  DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, FATEHABAD.

Complaint no.35/2017.

Date of instt.03.02.2017. 

                                                          Date of Decision:23.10.2017.

Sushil Kumar son of Subhash Chand, C/o Hanuman Sanitary and Marble House, Rly Road, Tohana, Tehsil Tohana District Fatehabad.

                                                                             ..Complainant.

                                       Versus

1.Estate Officer, Haryana Urban Development Authority, Sector-13, HUDA Complex, Hisar.

2.Chief Administrator, Haryana Urban Development Authority, Panchkula.

3.Estate Officer, Haryana Urban Development Authority, Tohana District Fatehabad.

..Opposite parties.      

      Complaint under Section 12 of Consumer Protection Act, 1986.    

Before             Sh.Raghbir Singh, President.

                        Sh.R.S.Panghal, Member.

     Smt.Ansuya Bishnoi, Member.

Present :         Sh.Sachdev Bishnoi, Advocate for complainant.

Sh.Mukesh Verma, Advocate for the OPs.

   ORDER

                    The present complaint under Section 12 of Consumer Protection Act, 1986 has been filed by the complainant with the averments that the complainant was allotted a plot bearing No.87 in Sector Kathmandi, Tohana measuring 250 sq. yards in an open auction by the OPs vide letter No.15489 dated 10.09.1996. The complainant deposited the allotment money of the aforesaid plot No.87 in the office of OPs and possession of the aforesaid plot was offered to the complainant on 18.06.1999. Thereafter the possession of the plot was given to the complainant on 15.03.2013 and as per the account-statement of OPs a sum of Rs.1,82,783/- was due against the complainant as on 10.01.2013. It is further submitted that an amount of Rs.1,90,000/- was deposited by the complainant in the month of March 2013 in the office of OPs. It is also further submitted that the complainant was offered the adjoining plot measuring 175 sq. yards on 17.12.2014 by the OPs and the possession of the same was given to the complainant by the OPs on 17.12.2014. The complainant was ready to deposit the cost of the plot measuring 175 sq. yards on the old rates along-with interest from the date of allotment/possession i.e. 17.12.2014 as per the HUDA Rule and the cost of the said plot of 175 sq.yards is Rs.2,24,700/-. Thereafter the revised possession of plot measuring 425 sq. yards (250+175 sq.yards) was given to the complainant on 17.12.2014 and the plot No.87 converted into plot No.87-P by adding the area of plot measuring 175 sq. yards. It is further submitted that the possession of the aforesaid area of 175 sq.yards was never offered before 17.12.2014 and as such the complainant is not liable for any interest cost/penalty/ extension fee prior to 17.12.2014. Thereafter the complainant moved applications on 12.08.2015, 24.05.2016, 12.07.2016, 04.04.2016 to the OPs to get deposit the cost of plot measuring 175 sq.yards on old rates i.e. Rs.2,24,700/- along-with interest from 17.12.2014. However the OPs issued letters to the complainant vide which the OPs demanded the allotment money along-with interest from the date of allotment of plot No.87 of the complainant i.e. 10.09.1996, whereas neither the plot measuring 175 sq.yards was allotted nor the possession of the same was given/offered to the complainant prior to 17.12.2014. The complainant never intended to get allotted the above said plot of 175 sq.yards on the allotment rate along-with interest from 10.09.1996 and as such the OPs are not legally entitled to get interest and other charges on the allotment money of the above aid plot prior to the allotment and offering of possession i.e. 17.12.2014. It is also submitted that the complainant is ready to deposit the allotment money of the plot measuring 175 sq. yards along-with interest and other charges from 17.12.2014. However the OPs are bent upon to recover the amount of Rs.2,24,700/- along-with interest, extension fee and other charges from the date of allotment of plot No.87 measuring 250 sq.yards allotted to the complainant on 10.09.1996. The complainant has further prayed that the present complaint may be accepted and the OPs be directed to receive the allotment money of Rs.2,24,000/- for the plot measuring 175 sq.yards along-with interest and other charges from 17.12.2014. Hence, this complaint.

2.                On notice the OPs appeared and resisted the complaint by filing written statement wherein various preliminary objections have been raised with regard to cause of action, maintainability and jurisdiction. It has also been submitted that the necessary guidelines in the matter are being sought from the high authority and as such the present complaint is premature and liable to be dismissed on this ground alone. On merits it is submitted by the OPs that a sum of Rs.15000/-, Rs.45000 and Rs.1,30,000/- was deposited by the complainant on 08.03.2013. It is also submitted that the possession of the plot measuring 175 sq.yards was given to the complainant on 17.12.2014. The remaining contents of the complaint have been denied. It is further submitted that plot No.87 was not converted into plot No.87-P. It is also denied that there is any deficiency in service on the part of OPs in rendering service to the complainant and a prayer for dismissal of the complaint has been made.

3.                In evidence the complainant tendered his affidavit as Ex.CW1/A wherein the averments made in the complaint have been affirmed. In support of his case the complainant produced documents as Annexure C1 to Annexure C7 and closed the evidence. Whereas the OPs tendered in evidence documents as Annexure R1 and Annexure R2 and closed their evidence.

4.                We have heard the arguments advanced by the learned counsel for the parties and have perused the pleadings and documents placed on the record of the case. It is the case of the complainant that a plot bearing No.87 in Sector Kathmandi, Tohana, measuring 250 sq.yards was allotted to the complainant by the OPs in an open auction on 10.09.1996. The possession of the above said plot measuring 250 sq. yards was offered to the complainant on 18.06.1999 and thereafter the possession was delivered on 15.03.2013 and all the dues against the complainant as per the account statement regarding the abovesaid plot of 250 sq. yards were deposited by the complainant in March 2013 - in the office of OPs. Thereafter the complainant was offered an adjoining area measuring 175 sq. yards on 17.12.2014 by the OPs and revised possession of plot measuring 425 sq. yards (250 + 175) was given to the complainant by the OPs on 17.12.2014.  Since the possession of the area of 175 sq.yards was never offered to the complainant by the OPs before 17.12.2014 as such the complainant is not liable for payment of any interest /cost/penalty /extension fee prior to 17.12.2014 qua the area of 175 sq. yards. However the OPs are demanding the allotment money along-with interest and extension fee qua the abovesaid area of 175 sq. yards from the date of allotment of plot No.87 i.e. 10.09.1996. The said demand of OPs is illegal and liable to be set aside.

5.                On the other hand it is admitted by the OPs in their written statement that the possession qua the area of 175 sq. yards was handed over to the complainant on 17.12.2014. However it is contended that guidelines in the matter are being sought from the higher authorities and as such the present complaint is premature. It is also contention of the OPS that the present complaint is not maintainable before this Forum. The OPs relied upon the decision rendered by Hon’ble State Commission (Haryana) in case titled as H.U.D.A. Vs. Ashok Kumar Juneja decided on 22.05.2014.

6.                          We are agreed with the contention of the complainant. In the present case the OPs have failed to produce any document or evidence to prove that prior to 17.12.2014 any offer for possession of 175 sq. yards area was made to the complainant by the OPs. A perusal of the record of the case reveals that prior to 17.12.2014 only offer of allotment of plot of 250 sq. yards was made to the complainant. There is no document or correspondence on the file prior to the year 2014 regarding the area of 175 sq. yards. Therefore we are of the considered opinion that the complainant is not liable for payment of any interest/ penalty/ extension fee regarding the area of 175 sq. yards prior to the date of offer of possession by the OPs i.e. 17.12.2014. The contention of the OPs that the matter is under consideration and the present complaint is premature is not tenable as the matter for decision cannot be kept pending by the public authority for an indefinite period. The case law relied upon by the OPs is not applicable in the present case as the fact of the present case different and distinguishable from the facts of judgment relied upon by the OPS. Accordingly the present complaint is allowed and the OPs are directed not to impose any liability i.e. interest, penalty or extension fee regarding the area of 175 sq. yards prior to the date of offer of possession i.e. 17.12.2014. Copy of this order be communicated to the parties free of costs. File be consigned to the record after due compliance. 

Announced in open Forum.

Dated: 23.10.2017.

(Raghbir Singh)

     President

            (Ansuya Bishnoi)  (R.S.Panghal)   District Consumer Disputes

      Member              Member         Redressal Forum,Fatehabad