Haryana

Charkhi Dadri

CC/02/2021

Dharamvir Lamba - Complainant(s)

Versus

Estate Officer, HUDA - Opp.Party(s)

Sh. Rahul Kumar

25 Sep 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 02 of 2021

                                                         Date of Institution:  04.01.2021

                                                          Date of Decision:     25.09.2024     

 

Dharamvir Lamba son of Late Sh. Bhart Singh Lamba, resident of Opposite shri Bhgwati Devi Mandir, Azad Marg, vidya Nagar, Bhiwani-127021

 

                                                                   ….Complainant.

Versus

1. Estate Officer, HUDA (now known as HSVP), Bhiwani, Tehsil and District Bhiwani.
2. Administrator, HUDA (now known as HSVP), Hisar, Tehsil & Distt. Hisar
3.  

 

                   COMPLAINT UNDER THE

                   CONSUMER PROTECTION ACT.

 

Before: -      Hon’ble Sh. Manjit Singh Naryal, President

                   Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:       Sh. Rahul Kumar, Adv. for complainant.

                   Sh. Rajender Verma, Adv. for OPs.

ORDER:-    

1.       Brief facts of the case of the complainant are that he had applied for allotment of a residential Plot measuring 8 Marla, Sector-9, Urban Estate, Charkhi Dadri under Advocate Reserve Category.  It is alleged that OPs have sent a memo No. 780 dated 31.08.2016 that you are successful in draw of lots on 06.10.2016 for allotment of residential plot no. 310-P, Sector 9, Urban Estate, Charkhi Dadri. and before issuance of allotment letter you are required to submit the following documents i.e. affidavit duly attested by the Executive Magistrate as per Specimen-B enclosed and  affidavit with regard to that the applicant should not be having a plot or house in any Urban Estate of Haryana State or Chandigarh or Mohali in his or her own name or in the name  of his or her spouse or dependent children  or in the name of HUF comprising all or any one of them. It is alleged that OPs had sent a letter dated 30.01.2017 informing that Plot has been allotted to the complainant. The complainant had deposited a sum of Rs. 2,43,000/- as earnest money. It is worth to mention here that complainant furnished all the requisite documents in the office of OP no.1 within time and deposited Rs. 4,40,100/- in favour of OP no.1 vide cheque no.533668 dt.03.02.2017. The complainant wrote a letter to OP no.1 on 03.02.2017 stating therein that the amount of Rs. 4,40,100/- is being paid through cheque as 25% amount of total cost. Thereafter, he further deposited first installment of Rs. 3,41,550/- on 28.12.2017, second installment of Rs. 3,41,550/- on 28.12.2018, third installment of Rs. 3,41,550/- on 30.12.2019, 4th installment of Rs. 3,41,550/- on 31.12.2020.  OP no.1 sent a letter on 08.08.2020 regarding the offer of possession of plot stating therein that as per clause no.6 of allotment letter, interest @12% on all remaining amount of installments will accrue from  date i.e. 08.08.2020, whereas the OPs is not entitled to charge any interest on the remaining installment from the complainant without providing  basic requirements. It is worth to mention here that after receiving the aforesaid letter complainant visited at the site of plot no. 310-P, Sector9, Urban Estate, Charkhi Dadri. No facility regarding electricity, sewerage and water etc. are provided there. All the land reserved for Sector-9 was found full of standing trees i.e. Kabli Kikars and bushes and the site is just like a forest. It is averred that OPs are not entitled to any interest without providing the basic requirements.  The OPs again sent a letter serial no.151226 dt. 25.09.2020 in reply to letter dated 08.09.2020 mentioning that the allotted plot is fully developed but in fact, no basic facility has been provided by the OPs. Due to the above said act and conduct on the part of the OPs, the complainant has suffered mental and physical agony, financial loss and harassment. Hence, the present complaint. 

2.       Upon notice, the OPs appeared and filed the written statement taking some preliminary objections regarding locus standi, cause of action, maintainability and suppression of true and material facts.  On merits, it is submitted that plot no. 310-P, Sector 9, Urban Estate, Charkhi Dadri was allotted to the complainant as per terms and conditions mentioned in the allotment letter dated 30.01.2017. It is submitted that OPs sent a letter to Executive Engineer, HSVP, Hisar on 31.05.2019 with regard to development work. Reminder dated 28.08.2019 and 24.02.2020 has also been sent to Executive Engineer, HSVP, Hisar. In response of aforesaid letters Executive Engineer, Hisar replied with regard to development work carried out in the area and the said letter was received in the office of OP no.1 on 24.08.2020. The SDE, HSVP, Bhiwani has also confirmed and intimated that the development work has been completed in the area and are ready for giving the offer of possession. In view of the aforesaid letters the OP no.1 has offer of possession vide offer of possession memo no. Z0003/EO008/UE033/OFPOS/0000000347 dated 08.08.2020. It is submitted that as per offer of possession no interest has been charged upon the installments which were due upto 30.01.2020, and as the development work has been completed in the area the complainant is liable to pay interest upon remaining installment w.e.f 30.01.2021. Hence, there is no deficiency in service on the part of the OPs and prayed for dismissal of complaint with costs.

3.           Ld. Counsel of the complainant in his evidence has tendered affidavit Ex. CW1/A, documents Ex. C1 to Ex. C20 and closed the evidence on dated 30.11.2022. The complainant has submitted photograph taken from site with affidavit stating that there is no development at the site and OPs have given false statement that area has been developed. On the other hand learned counsel for the opposite Parties has tendered documents Annexure R1 to Annexure R8 and closed the evidence on 07.06.2023.

4.           We have heard the arguments advanced by the learned counsel for both the parties. All the documents have been perused carefully and minutely.

               During the course of arguments, the learned counsel of complainant reiterated the contents of the complaint filed by the complainant and has drawn the attention of this Commission towards the documents/ photographs placed on record on his behalf denoting that area is lying undeveloped till now. The learned counsel for the OPs also reiterated the contents of written statement filed OPs and also drawn the attention of this Commission towards the documents placed on record by the OPs stating that the area has been developed and OP no.1 has confirmed the same to the complainant on getting confirmation from OP-2.

5.                In the light of the pleadings and arguments of the parties, we have examined the relevant material on record.  The complainant applied for a residential plot offered by HSVP. Earnest money deposit was paid by the complainant at the time of filing application. The complainant was allotted plot no.310-P, Sector-9 at Urban Estate, Charkhi Dadri vide Allotment Letter dt.30.01.2017 (Ex.C3 and Annexure R2) issued by OPs. The said allotment letter contains terms and conditions of allotment. We have perused the clause no.7 of the allotment letter which is reproduced below:-

“7. The possession of the plot will be offered within a period of 3 years from the date of allotment after completion of development work in the area. In case possession of the plot is not offered within the prescribed period of 3 years from the date of allotment, HUDA will pay interest @9% (or as may be fixed by Authority from time to time) on the amount deposited by you after the expiry of three years till the dte of offer of possession and you will not be required to pay  the further installments. The payment of the balance installments will only start  after the possession of the plot is offered to you.”

6.                Further the OPs vide its letter No.151226 dt. 25.09.2020 (submitted by the complainant vide Ex.C19) wherein Estate Officer, HSVP, Bhiwnai has asserted that as per report of Sub Divisonal Engineer of HSVP, Bhiwani dt.27.07.2020 the development work is completed. In contravention of the same, the complainant has stated that there is no development and no basic amenities are provided by the OPs at the site. The complainant has produced photograph pertaining to his plot and the surrounding area to prove there is no development and no basic amenities in the area. In support of his averment, the complainant has placed on record a letter bearing Memo No. EE-I/HSR/DS-2024/170272 dt.25.6.2024 issued by the Office of OP-2 in response to information under RTI Act 2005 sought by another person viz. Shri Gaurav Phogat which inter alia contains that dividing roads in the area are pending. In the said letter under Point No.5, it has been mentioned that the estimate of dividing road of Sector-8&9 Charkhi Dadri and 9 & 9A is pending for the approval of Higher Authority. It corroborates the averment of the complainant that the area has not been developed so far. The complainant has produced a citation viz. Minakshi Choudhary Vs. M/s Raheja Developers Limited, CC No. 477 of 2018 decided on 01.01.2024 By Hon’ble National Consumer Disputes Redressal Commission  in support of his case, wherein  compensation was granted to the complainant for delay in handing over possession of residential unit.

7.                In the light of above-mentioned facts and documents placed on record, we are of the view that the OPs have failed in developing the area and providing basic amenities to the allottees of Sector-9, Charkhi Dadri. Accordingly, as per the terms and conditions of the letter of allotment issued by the OPs to the complainant, the OPs are required not to recover balance amount if any towards cost of the plot and also not to charge any interest till development of the area. The complainant has suffered the mental agony and harassment because of not developing and not providing basic amenities in the area. Hence, it amounts to deficiency in service on the part of opposite parties. Therefore, the complaint of the complainant is allowed with costs and opposite parties are directed as under:-

1. Not to charge any interest from the complainant on remaining installment, if any.
2. To pay Rs. 10,000/- as compensation towards physical harassment and mental agony.
3. To pay Rs.5,000/- as litigation expenses.

8.                The above order be complied within 45 days from the date of receiving the copy of this order, failing which OPs shall be liable to pay interest on the said amount @ 12% per annum from the date of filing of the complaint till its actual realization.

9.                Copy of the order be supplied to both the parties free of costs and file be consigned to the record-room after due compliance.