Haryana

Charkhi Dadri

CC/106/2021

Gaurav Singh - Complainant(s)

Versus

Estate Officer, HUDA - Opp.Party(s)

Sh. Rajesh Phogat

25 Sep 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 106 of 2021

                                                         Date of Institution:  19.04.2021

                                                          Date of Decision:     25.09.2024     

Gaurav Singh son of Sh. Ranvir Singh, aged 40 years, resident of ward no.9, old City, opposite Chhotu Ram School, Jhajjar Ghati, Charkhi Dadri, Tehsil & District Charkhi Dadri.

 

                                                        ….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. Rajesh Phogat, Adv. for complainant.

                   Sh. Karamvir Singh Chhikara, 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 1 Kanal in Sector-9, Urban Estate, Charkhi Dadri under Advocate Reserve Category.  It is averred that OPs have sent a memo No. 761 dated 31.08.2016 that you were successful in draw of lots held on 10.06.2016 for allotment of residential plot no.182-P, Sector 9, Urban Estate, Charkhi Dadri.

                   The OPs had sent a letter dated 30.01.2017 informing that Plot has been allotted to the complainant. 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. 14,43,668/- in favour of OP no.1 vide challan no.146610 dt.28.02.2017.

                   Earlier the complainant had transferred  Rs. 7,42,500/- from his bank loan account No. 65241587704 on 14.10.2015  as earnest money. Thereafter he deposited first installment of Rs. 10,96,678/- on 07.02.2018 vide challen no.294057, second installment of Rs. 10,95,330/- on 04.02.2019 vide challan no.421851, third installment of Rs. 10,96,678/- on 07.02.2020 vide challan no. 478511.  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 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. 182-P, Sector-9, 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.164511 dt. 16.10.2020 in reply to letter dated 09.09.2020 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, initially, the OPs appeared through their counsel Sh. Karamvir Singh Chhikara, Adv. but later on, the OPs failed to file any written statement and power of attorney. Hence, defence of OPs to file the written statement was struck off vide order dated 09.09.2022.

3.                In the evidence, the complainant tendered affidavit Ex. CW-1/A and documents Ex. C-1 to Ex. C-20 and closed the evidence on 18.04.2023.

4.                     We have heard the arguments of learned counsel of the complainant and have gone through the entire evidence placed on record by the complainant very carefully and minutely. Written submission submitted by learned counsel for complainant has also been considered.

                   During the course of arguments, the learned counsel of complainant reiterated the contents of complaint filed by the complainant and drawn the attention of this Commission towards the documents placed on record by the complainant.

5.                We have examined the relevant material placed on record.  The complainant had applied for a residential plot offered by HSVP. Earnest money deposit for Rs.7,42,500/- was paid by the complainant on 14.10.2015 and he has made further payment as per Ex.C4 to Ex.C8 and Ex.C17 to Ex.C20 for aggregate amount of Rs.79,74,854/-. Thereafter, the complainant was allotted plot no.182P, Sector-9 at Urban Estate, Charkhi Dadri vide OPs allotment letter dt.30.01.2017 wherein terms and conditions and payment schedule was mentioned. We have perused the clause no.7 of the allotment letter Ex.C2 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 date 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.164511 dt.16.10.2020 (submitted by the complainant vide Ex.C15), wherein the Estate Officer, HSVP Bhiwani has asserted that as per report of Sub Divisional Engineer of HSVP, Bhiwani dt. 27.7.2020 the development work is completed.  In contravention of the same, the complainant has stated that there is no development and no basic amenities have been 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 in response to information under RTI Act 2005 sought by him. 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 to pay interest at the stipulated rate of 9% of the deposited amount by the complainant and 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 interest @9% on the amount deposited by the complainant from completion of three years i.e. 30.01.2020 till development of area and making availability of basic amenities in terms of Clause 7 of the Allotment Letter dated 30.01.2017.
3. To pay Rs. 10,000/- as compensation towards physical harassment and mental agony.
4. 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.