Haryana

Kurukshetra

CC/225/2020

Saroj Bala W/o Sh Sunder Dass - Complainant(s)

Versus

Estate Officer HUDA - Opp.Party(s)

In Person

15 Mar 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL  COMMISSION, KURUKSHETRA.

                                                     Complaint Case No.225 of 2020

                                                     Date of institution: 20.07.2020                                                                 

                                                     Date of decision:   15.03.2022                                                   

                         

Saroj Bala w/o Sh.Sunder Dass aged 70 years, resident of house No.1589, Sector 17, HUDA, Jagadhri

                                                                …Complainant.

                        Versus

Estate Officer, HSVP, Kurukshetra.         ….Opposite party.

               

                Complaint u/s 12 of the Consumer Protection Act.

Before:      Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh.  Issam Singh Sagwal, Member.

       

Present:     Sh.Sunder Dass, husband of the complainant in person.

                Sh.Vikrant Kundu Advocate for the OP.

 

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 has been moved by Saroj Bala  against HUDA.-Opposite Party.

 

2.            It is stated in the complaint that the complainant applied for allotment of a plot measuring 8 marla vide application form No.00646 dated 9.2.2000  alongwith the earnest money of Rs.34,875/- vide demand draft dated 9.2.2020.  The complainant was declared successful in draw of lots and residential plot No.922 Sector 8 Urban Estate was allotted to her vide allotment letter no.10168 dated 24.5.2001.  The payable cost of the said plot was Rs.348754/-. The ten per cent of the said cost of the said plot is Rs.34875.00 and the same has been deposited with the application  form and 15% cost of the plot is Rs.52314/- was deposited in the shape of bank draft within prescribed time.  The remaining 75% amount is Rs.2,61,565.00was payable either in lump sum without interest or in 6 equated annual installments alongwith interest. So, the first installment of Rs.4395.00 was deposited in the shape of bank draft within time  without interest as payment schedule of the installment amount, interest amount and total amount was not intimated to her. After two days the said payment was made. The   cost of the plot was raised by Rs.11626.00 on account of additional area which was also deposited. The remaining five installments were also deposited in time except the fifth installment which was  deposited late approximately by one month as no payment schedule was intimated to her. The show cause notice dated 8.7.2013/29.7.2013 was issued to her by the OP as to why penalty of Rs.10230.00 be not imposed upon her. Reply was submitted by the complainant vide letter dated 6.8.2013.  It is further submitted that the decision in the matter was not intimated to the complainant and the penalty was shown Rs.0.00 installment amount was shown Rs.53578/- and delay interest was shown Rs.43920.00  in the outstanding details supplied to her.  Further, the total amount of installment was adjusted by Rs.11624.63 as was revealed from the account statement.  The  OP was requested to look into the matter as regards adjustment of balance amount of installments but the matter was not looked into  and notice dated 12.1.2.2016 was issued to the complainant as to why a penalty of Rs.13303.00 be not imposed upon the complainant Reply thereof was submitted vide letter dated 3.1.2017 by the complainant. The same was not considered and further notice dated 23.1.2017 was issued to her. The reply to the said notice was submitted vide letter dated 16.2.2017 by the complainant. The same was not considered and order for imposition of penalty of Rs.14139.66 was issued to her vide memo dated 10.10.2017. In the last it is submitted that the  total installment amount of Rs.1,51,192 and penalty amount of Rs.14140/- on 29.11.2019 is illegal and unjust which amounts to deficiency in services on the part of the OP. Thus, alleging deficiency in services on the part of the OP, the complainant has filed the present complaint and prayed that  OP be directed not to charge from her the amount of total installment and penalty besides making adjustment of balance amount of installments deposited either that is Rs.11624.63.

 

3.             Upon notice OP appeared and filed written statement disputing the claim of the complainant. complainant applied for allotment of a plot measuring 8 marla vide application form No.00646 dated 9.2.2000  alongwith the earnest money of Rs.34,875/- vide demand draft dated 9.2.2020. The total tentative price of the plot was Rs.34,87,54/-.  As per terms and conditions, the complainant was required to either send her refusal within a period of 30 days from the date of issue of allotment letter or in case she accept the allotment she was required to deposit 15% amount of the tentative price i.e. Rs.52,313/0- within a  period of 30 days from the date of issue of allotment letter dated 24.5.2001.. The complainant accepted the offer and deposited draft No.225324 dated5.6.2001 for Rs.30,000/- and draft NO.225325 dated 5.6.2001 for Rs.22314/- totaling amount of Rs.52314/-. As per condition no.6 if the remaining amount of Rs.2,61,565/- is paid within 60 days, then the interest was not payable. However, 75 %  amount of the cost was also payable in six  equated installments in which case the  complainant was liable to pay 15%  interest and the first installment was payable on expiry of one year from the date of  issue of allotment letter.  The interest was payable on unpaid amount from the date of offer of possession.  As per condition no.6 if the installments are not paid in time/due period, then annual interest  18% was payable and if enhancement was not paid in time, then penal interest @ 15% was payable as may be amended.  As per condition no.7 , the possession of the plot was to be offered on completion of the development works.  The complainant was informed vide letter no.1191 dated 21.01.2003 that area has increased to 186 sq. meter instead of 180 sq. meter and as such she was asked to deposited the cost of the increased area of Rs.11626/- within a period of 30 days  from the date of issue of letter. The amount of Rs.11,626/- was deposited by the complainant on 13.2.2003. The possession of the plot was offered vide memo No.16852 dated 21.8.2003. The enhancement if any  shall be payable proportionately.  The complainant deposited the first installment of Rs.43,595/- on 23.5.2002. The second installment of Rs.43,959/- was deposited on 19.5.2003.  Since the offer of possession was made on 21.8.2003, she became liable to pay installments on 34.5.2004 and 24.5.2005 likewise till 24.5.2007 and as such  she was liable to pay interest on the remaining amount payable as per condition no.6(ii)(b)of the allotment letter dated 24.5.2001.    It is further submitted that the complainant did not pay the remaining installments no.3 to 6 alongwith 15% interest  per annum as per condition no.6(ii)(b)  of the allotment letter dated 24.5.2001. The   complainant paid Rs.43,595/- on 17.5.2004 instead of Rs.58151.25 instead of Rs.57980.25  including interest of Rs.14386/-, Rs.43959/- on 26.6.20-06 instead of Rs.51441.25 including interest of Rs.7847 and Rs.43,595/- on 28.5.2007 instead of Rs.47517.25 including interest of Rs.3923.

                It is also submitted that the amounts paid by the complainant against the installments were adjusted firstly against the delay interest and then against the possession interest and lastly against the principal sum. Therefore, the complainant was found to be in arrear of payments. The complainant was, therefore, issued a show cause notice vide memo No.8781 dated 29.7.2013 u/s 17 (1) of the HSVP Act 1977 for  outstanding amount of Rs.1,03, 500.00  utpo 8.7.2013.The complainant vide her letter dated 6.8.2013 received on 12.8.2013 asked to issue user Id and password of PPM account and requested not to impose penalty. The complainant was sent the user name and password vide letter no.9556 dated 21.8.2013. 

 

                It is also pleaded that the complainant was issued letter no.10753 dated 19.9.2013  informing her of due amount towards installments Rs.53580/- extension fee Rs.2895/-, interest Rs.48485, totaling Rs.1,04,960/- upto 15.10.2013. Then the complainant vide letter  2.09.2013 sought the details of the amount deposited. Vide letter dated 23.9.2013, the complainant stated that she has paid all the installments in time as all installments except 5^th was paid in time. She requested to send the calculation sheet.  The complainant was issued another letter No.11603 dated 21.10.2013 informing her about the outstanding amount due towards installments Rs.53580/-, extension fee Rs./2895/-, interest Rs.48485, totaling Rs.1,04,960/-. The complainant was accordingly provided calculation sheet.   She was again called to office to see the details on any working day of the department.  Then she was informed that due of Rs.1, 10,039/- is due against her. It is submitted that the notice dated 12.12.2016 was issued as per law u/s 17(1) of the HSVP Act 1977.  The amount of Rs. 11626/- was adjusted on 13.2.2003. Further proceedings were taken against her as she has no intention to clear the outstanding. The notice u/s 17(2) of the HSVP Act 1977 was issued after considering the reply, all the facts and circumstances of the case.  The penalty was rightly imposed upon the no payment of the outstanding and the complainant did not dispute the same in an y appeal as such attained finality. The question being raised to the said penalty order is completely time barred.  The outstanding dues worked out in the case are correct as per the allotment letter/regulation/policy/law.  Thus, it is prayed that the complaint be dismissed with costs in the interest of justice.

4.             The complainant in support of her case has filed affidavit Ex.CW1/A and tendered documents Ex.C1 to Ex.C7 and closed her evidence.

 

5.             On the other hand, OP in support of its case has filed affidavit Ex.RW1/A and tendered documents Ex.R-1 to Ex.R-24 and closed its evidence.

 

6.             We have heard the learned counsel for the parties and gone through the case file very carefully.

 

7.             The learned counsel for the complainant while reiterating the averments made in the complaint has argued that complainant applied for allotment of a plot measuring 8 marla vide application form No.00646 dated 9.2.2000  alongwith the earnest money of Rs.34,875/- vide demand draft dated 9.2.2020.  The complainant was declared successful in draw of lots and residential plot No.922 Sector 8 Urban Estate was allotted to her vide allotment letter no.10168 dated 24.5.2001.  The payable cost of the said plot was Rs.348754/-. The ten per cent of the said cost of the said plot is Rs.34875.00 and the same has been deposited with the application form and 15% cost of the plot is Rs.52314/- was deposited in the shape of bank draft within prescribed time.  The remaining 75% amount is Rs.2,61,565.00was payable either in lump sum without interest or in 6 equated annual installments alongwith interest. It is further argued that the complainant has paid all the installments in time and the Ops have wrongly and illegally imposed the  penalty of Rs.14139.66 was issued to her vide memo dated 10.10.2017. In the last it is argued that the total installment amount of Rs.1,51,192 and penalty amount of Rs.14140/- on 29.11.2019 is illegal and unjust which amounts to deficiency in services on the part of the OP.

 

8.             The learned counsel for the Ops while reiterating submissions made in the written statement has argued that the plot in question was allotted to the complainant but the complainant has not paid the installments in time and interest as well as penalty has been legally imposed upon the complainant. The complainant failed to deposit the amount demanded from time despite issuance of several notices and every time she  demanded the details and the same were supplied to her but she never dared to deposit the legal penalty and amount due towards her.

 

9.             In this case allotment of a plot measuring 8 marla vide application form No.00646 dated 9.2.2000  alongwith the earnest money of Rs.34,875/- vide demand draft dated 9.2.2020 are not in dispute.  The complainant was declared successful in draw of lots and residential plot No.922 Sector 8 Urban Estate was allotted to her vide allotment letter no.10168 dated 24.5.2001.  The payable cost of the said plot was Rs.348754/-. The ten per cent of the said cost of the said plot is Rs.34875.00 and the same has been deposited with the applcation form and 15% cost of the plot is Rs.52314/- was deposited in the shape of bank draft within prescribed time.  The remaining 75% amount is Rs.2, 61,565.00 was payable either in lump sum without interest or in 6 equated annual installments alongwith interest. As per Ex.C-1, the  complainant deposited the installment amounting to Rs.53580/-  as shown outstanding  where as all the six installments were paid on the dates mentioned against each.

        No.of                Paid on              Vide DD No.

        Installment

 

        First                  20.5.2002          225672

        Second              17.5.2003          739950

        Third                 11.5.2004          039134

        Fourth               14.05.2005         827523

        Fifth                  22.06.2006         254982

        Sixth                 24.5.2007          193981                             

                    But the perusal of Ex.C-1 shows that the complainant has not any interest with the installments. As per clause 24 “ No separate notice will be sent for the payment of the installment, therefore, there was no need to issue separate notice for asking the complainant to deposit the payment of installments.  However, the information regarding the installment, the amounts the due date etc. may be sent as matter ;of courtesy. However, the  Ops supplied the details of due amount including installment amount, interest, extension fee and tax vide letter Ex.R-15 but nothing was deposited by the complainant. Then the notice Ex.R-16 dated 12.12.2016 was issued to the complainant  asking her to remit the amount and penalty but nothing was deposited by her. Then notice Ex.R17 dated 23.1.2017 was issued her to deposit the sum of Rs.1,36,494.13 and then notice Ex.R-18 dated 10.10.2017 was issued to the complainant to deposit the penalty of Rs.14,136.66 and amount of Rs.1,41,396.63 but nothing was deposited by the complainant.  Then vide  Ex.R-19 the Ops intimated the balance dues of Rs.1,77,395.00 to the complainant. Then vide Ex.R-20 balance amount of Rs.1,82,027.00 was reported to the complainant alongwith details but the complainant kept on writing letters for balance details.  It seems that the complainant kept herself busy in demanding details and never bothered to make settlement  by depositing the amount in whole or part and now  she has filed the present complaint. Last notice dated 13.10.2017 was issued to the complainant but the complainant failed to deposit the  due amount demanded by the Ops.  Therefore, there is no deficiency in services on the part of the OP and the present complaint deserves to be dismissed.

10.            In view of our above mentioned findings and observations, we do not find any merit in the present complaint and dismiss the same without any relief to the complainant. Certified copy of this order be supplied to the parties concerned and the file be consigned to the record room after due compliance.

 

Announced in the open Commission.

Dated: 15.03.2022.

                                                                                President.

 

                                Member             Member.