Haryana

Kaithal

CC/284/2023

Shashi Bala - Complainant(s)

Versus

Estate Officer , Haryana Sheri Vikas Pradhikaran (HSVP) etc. - Opp.Party(s)

Sh. Anil Chawla

31 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

                                                     Complaint Case No.284/2023.

                                                     Date of institution: 26.10.2023.

                                                     Date of decision:    31.10.2023

 

1. Shashi Bala wife of Sh. Surinder Kumar aged about 67 years, resident of House No. 549/12 G.T. B, Colony, Kaithal presently residing at house No. 27 Sector-20 HUDA, Kaithal.

 

                                                                        …Complainant.

                        Versus

1. Estate Officer, Haryana Shehri Vikas Pradhikaran, office complex in Sector,19-1, Near Judicial Complex, Kaithal Tehsil and District Kaithal.
2. Administrator, Haryana Sheri Vikas Pardhikarn, Office Complex C3, Sector-6, Panchkula, Haryann.

….Respondents.

        Complaint under Section 35 of the Consumer Protection Act

CORAM:     SMT. NEELAM KASHYAP, PRESIDENT.

                SMT. SUMAN RANA, MEMBER.

                SH. SUNIL MOHAN TRIKHA, MEMBER.

       

Present:     Sh. Anil Kumar, Advocate, for the complainants.   

                               

ORDER

NEELAM KASHYAP, PRESIDENT

1.         Smt. Shashi Bala have filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the respondents.
2. In nutshell, the facts of present case are that on 25.05.2021, a residential plot bearing No.1659, of 10 marlas having dimension as 23.25 X 10.50, 244.13 sq. meters in Sector 21, Kaithal was allotted to one Sandeep Kumar Garg son of Sh. Raghbir Parshad, resident of House No. 240, Akta Vihar, Baltana, Zirakpur, Dera Basi vide memo No. No.Z0004/EO007/UE015/GALOT/0000000519 of the office of respondent No. 1. The above said plot was re-allotted to the complainant vide office memo number Z0004/EO007/UE015/TRANS/000000096 dated 11.06.2014 with the conditions that the complainant shall abide by the terms and conditions of this allotment letter and the provisions of Haryana Urban Development Authority Act, 1971. He has deposited the balance installments of the plot in question with respondent No. 1 as per the conditions laid down in above said re-allotment letter. The last installment was paid in the month of May, 2017. He requested to the OP No. 1   through letters dated 14.11.2019 and 04.03.2020 for getting conducted the demarcation/Nishandehi of the plot in question but respondent No. 1 did not get conducted demarcation/Nishandehi of the plot in question.
3. Heard on the point of admission.
4. On perusal of file, the following are the main facts of the case i.e. it is admitted fact that one Sandeep Kumar Garg son of Sh. Raghbir Parshad has purchased a plot from opposite party No. 1 on 25.05.2021 vide office memo number Z0004/E0007/UE015/GALOT/0000000519 and that plot was re-allotted to the complainant vide office memo Number Z0004/E0007/UE015/REALL/00000518 dated 28.08.2014.  In para 14 of the complaint “ That thereafter on 14.03.2023, vide letter bearing Endst. No. 429, respondent No. 1 issued a letter to one Balwan, near Radha Soami Colony Sector-21, Kaithal stating therein that allottee (complainant) of plot No. 1659 has filed a complaint on CM Window vide complaint No. 2020/087970 dated 26.11.2020 for getting the paper possession of her plot but when survey branch visited the site, it was found that: you have encroached upon the land of Plot No. 1659 Sector 21 and nursery school site. Hence, to resolve the litigation as per CM Window complaint, the demarcation/Nishandehi with total station survey/DGP survey of HSVP plot No. 1659 and nursery school site in Sector 21 Kaithal will be held on 29.03.2023 at 11:30 AM. Therefore, you are directed that you must be present at your release land on the above said date and time with all supporting documents of your land. In case you are not appeared on given date then it will be presumed that you have nothing to say and the structure will be demolished after the date”.
5. Recently on 27.03.2023 Supreme Court Case in Civil Appeal No. 7289 of 2009 case title as The Chairman & Managing Director, City Union Bank Ltd & another Vs. R. Chandermohan decided by Double Bench in which Supreme Court has held that in Para No. 12 “The proceedings before the Commission being summary in nature, the complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality like fraud or cheating, could not be decided by the Forum/Commission under the said act. The deficiency in services as well settled, has to be distinguished from the criminal acts or tortious acts. There could not be any presumption with regard to the willful fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance in service, as contemplated in Section 2(1) (g) of the Act. The burden of proving the deficiency in service would always be upon the person alleging it”. Para No. 14 of this case clearly shows that some one person Balwan have encroached the plot of complainant in this case there is a question of fact.
6.         Hence, in view of the judgment given by the Hon’ble Supreme Court of India, in the instant case complainant having miserably failed to discharge his burden to prove that there was a deficiency in service on the part of opposite parties within the meaning of Section 2(1) (g) of the of the Act, his complaint deserved to be dismissed, and is accordingly dismissed. However, the complainant is at liberty to file the fresh complaint in any appropriate court of law, as per provisions of law. Certified copy of this order be supplied to the complainant free of cost, as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

Announced in open court:

Dated:- 31.10.2023

                                                                        (Neelam Kashyap)

                                                                        President.

 

(Sunil Mohan Trikha),           (Suman Rana),          

Member.                            Member.

 

Typed by: Nitin Steno-typist,