District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No. 247/2021.

 Date of Institution:20.04.2021.

Date of Order:02.06.2023.

Shri Ankit Gupta (Mobile:9650218429, Email:dependable.ankit@gmail.com) s/o lae Shri Satish Kumar Gupta R/o E-61, Sector-11-E, Faridabad – 121006, Haryana.

                                                          …….Complainant……..

                                                Versus

Estate Officer, HSVP Faridabad.

Administrator, HSVP, Faridabad.

Address: HUDA Office, Sector-12, Faridabad – 121007, Opposite Mini Secretariat Chief Administrator, HSVP, Sector-6, Panchkula, Haryana.

                                                                              …Opposite parties

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana………….Member.

PRESENT:                   Complainant in person.

                             Sh. Y.K.Sharma , counsel for opposite parties Nos.1 & 2.

ORDER:  

                   The facts in brief of the complaint are that   the complainant Ankit Gupta was allotted (through transfer) Plot No. 2751, Sector-62, Faridabad on 05.11.2007 by HUDA/HSVP Faridabad,  At the time of transfer all dues were clear.  The following installments were due on complainant for the possession of said plot. He paid all the installments on time:

Apart from these, following other payment demands were raised by HUDA/HSVP and complainant paid all of them paid on time.

Hence , by end 19-Jun-13, no installments, no amount whatsoever was due, and the plot was fully paid.  But HSVP/HUDA updated all these installments incorrectly as could be confirmed by account statement updated at HUDA/HSVP portal.  On detailed analysis of account statement, it was found that since beginning, since the first installment paid by the complainant, all the installments were wrongly updated, and fictitious dues were crated against the complainant. Thereafter, the complainant requested HSVP/HUDA multiple times to correct/update the records, so that complainant could put application for No Dues Certificate, take possession thereafter.  After lot of requests, HSVP/HUDA again sent another letter asking to deposit the extension fees = 51568/- (48362/- + 3206/-).  Same was deposited by the complainant.  In 2016, complainant again followed up with HSVP/HUDA and asked them to give him no dues certificate at least, so that he can proceed with other proceedings.  He submitted a letter dated 30.06.2016.  He was told that service tax on extension fees was due was asked to deposit Rs.3600/-.  Complainant deposited Rs.3600/- but neither he got no dues certificate, nor the accounts were updated.  Even this amount of Rs.3600/- was also not updated in account statement.  In 2020 complainant again requested HUDA/HSVP officials asking to update the account statement and submitted a letter on 01-12-2020 in this regard.  HSVP officials again started moving complainant’s plot filed from 1 table to  another and nothing happened.  Again on 12.01.2020, complainant sent an email complaint to all the HSVP officials including Chief Administrator and Chief Vigilance Officer asking for help  and telling that he would be left with no option but to approach this forum.  Account Section Officer of HSVP told complainant that they could update his  plot file, give no dues certificate etc. but it had  to be done from Chandigarh and for that they need to send a letter to Chandigarh.  They could send letter only once all the dues were clear.  For this complainant would have to pay all the extension fees with 10% compound interest till date.  For this Account Section Officer prepared a manual account statement and asked complainant further deposited Rs.1,72,026/- (including 10% interest compounded annually for the extension of plot) on 26.01.2021. The complainant sent legal notice  dated 01.02.2021 to the opposite party  through registered post but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite party to:

a)                it was not complainant’s responsibility to follow up, submit letters, keep following up his file, run form 1 table to another, get his accounts updated.  It was the constitutional duty f HSVP to keep the accounts updated.

b)                HSVP had never done their constitutional duty and were completely at fault.  Complainant could not apply for no dues, could not apply for anything as system did not allow online applications because of pending dues and HSVP did not take written applications for these as process was through online.

c)                Because of HSVP not doing their job, complainant had to pay the price for their fault in form of paying extension fees and compound interests on extension fees.

d)                Complainant  was mental, physically and economically harassed by HSVP, he had been running since pillar to post to get was get account details updated, to get no dues certificate etc.

e)                Order HSVP to immediately update complainant’s plot’s accounts, issue him no dues certificate and help in getting the conveyance deed registered and done.

f)                  pay Rs. 10,00,000/- as compensation including all the extension fees, interests and all the harassments complainant had to bear and pay because of HSVP not doing their constitutional duty.

2.                Opposite parties Nos.1 & 2 put in appearance through counsel and filed written statement wherein Opposite parties Nos.1 & 2 refuted claim of the complainant and submitted that  the answering opposite parties had allotted the plot No. 2751, Sector-62, Faridabad measuring 209 sq. mtr. To Satyam Tharmo Pack Industries vide letter No. 24752 dated 19.06.2007 under the oustees category.  The total cost of plot was Rs.1004872/-. The offer of possession was offered to the allottee as condition No. 27 of allotment letter.  The plot in question was transferred in the name of complainant vide letter NO. 40705-06 dated 05.11.2007, the complainant deposited the amount against dues in plot in question.  After the audit it was found that the only Rs.27060/- was dues against the plot as extension fee for the year 2022 as on 03.01.2022. Opposite parties Nos.1 & 2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.

3.                The parties led evidence in support of their respective versions.

4.                We have heard learned counsel for the parties and have gone through the record on the file.

5.                In this case the complaint was filed by the complainant against opposite parties–HSVP with the prayer to: a)  it was not complainant’s responsibility to follow up, submit letters, keep following up his file, run form 1 table to another, get his accounts updated.  It was the constitutional duty f HSVP to keep the accounts updated. b)    HSVP had never done their constitutional duty and were completely at fault.  Complainant could not apply for no dues, could not apply for anything as system did not allow online applications because of pending dues and HSVP did not take written applications for these as process was through online. c)         Because of HSVP not doing their job, complainant had to pay the price for their fault in form of paying extension fees and compound interests on extension fees. d)     Complainant  was mental, physically and economically harassed by HSVP, he had been running since pillar to post to get was get account details updated, to get no dues certificate etc. e)Order HSVP to immediately update complainant’s plot’s accounts, issue him no dues certificate and help in getting the conveyance deed registered and done. f)pay Rs. 10,00,000/- as compensation including all the extension fees, interests and all the harassments complainant had to bear and pay because of HSVP not doing their constitutional duty.

                    To establish his case the complainant  has led in his evidence,  Ex.CW1/A – affidavit of Ankit Gupta, Ex.C-1 – Memo no. 40705 dated 05.11.2007, Ex.C-2 – allotment letter, Ex.C-3 – letter dated 12.02.2008 regarding payment of enhanced compensation of plot NO. 2751, Sector-62, Faridabad, Ex.C-3 – receipt NO. 357514, Ex.C-3(contd.) – letter dated 27.10.2010 regarding payment of enhanced compensation of plot NO. 2751 Sector-62, Faridabad, Ex.C-3(contd.) – receipt NO. 417016 dated 09.11.2010, Ex.C-4 – Allottee Account statement, Ex.C-4 (contd.) – Allottee Account statement,  Ex.C-5 – notice  Sl. No. 16445 dated 08.08.2014, Ex.C-5 (contd) – receipt No. 495645 dated 14.08.2014, Ex.C-6 -  letter dated 30.06.2016 regarding no dues certificate request, Ex.C-6 -  letter dated 1.12.2020, Ex.C-6 (contd.) - letter dated 28.12.2020, Ex.C-6(contd. Letter dated 08.03.2021, Ex.C-7 – details of challan valid upto 30.06.2016, Ex.C-7 (contd.) – memo dated 26.01.2021, Ex.C-8 – memo No. 5033 dated 02.04.2021 regarding dues of plot No. 2751, Sector-65, Faridabad,

                    On the other hand counsel for the opposite party strongly agitated and opposed.  As per the evidence of the opposite party  Ex.RW1/A – affidavit of Amit Kumar, estate Officer, HUDA, Sector-12, Faridabad, Ex. R-1 – details of payment, Ex.R-2 – audit report, Ex.R-3 – Memo No. 24752 dated 19.06.2007, Ex.R-4 – memo No. 40705-06  dated 05.11.2007.

6.                The complainant was filed by the complainant with the prayer about the harassment of the department – HSVP , Faridabad and deficiency in service on the part of the opposite party – HSVP.  He was harassed mentally, physically and medically because of the opposite  party took the excess amount from the consumer and did not issue the CD or NOC of the plot in question to the complainant even after taking the money from him.

7.                After going through  the evidence led by both the parties, the Commission is of the opinion that no doubt the consumer/complainant has paid the amount demanded by the opposite party after writing letters and emails but opposite party did not care about the harassment of the complainant. Hence, the complaint is allowed.  Opposite party is directed to over haul the account of the complainant and adjust the excess amount paid by the complainant   and also issue the NOC as well as conveyance deed in favour of the complainant. Opposite party is also directed to pay Rs.2200/- as compensation for causing mental agony  & harassment  to the complainant.  No litigation charges will be given to the complainant as the complainant himself is pursuing the case.  Compliance of this order  be made within 30 days from the date of receipt of copy of this order.   Copy of this order be sent to the parties concerned free of costs.  File be consigned to the record room.

Announced on:  02.06.2023                                 (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.

                                                (Indira Bhadana)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.