Punjab

Ludhiana

CC/21/18

Avtar Kaur - Complainant(s)

Versus

GLADA - Opp.Party(s)

J.S.Chugh

22 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                             Consumer Complaint No: 18 dated 08.01.2021.                                Date of decision: 22.08.2024. 

 

Avtar Kaur aged 75 years w/o. Sh. Prem Singh, d/o. late Sh. Harbans Singh, r/o.325, Vienna Street, Hamilton, Ontario, Canada through her attorney Sh. Parminder Singh s/o. Sh. Niranjan Singh, r/o.1/6088, Gali No.2, East Rohtash Nagar, Shahdara, Delhi-32.                                                                                                                                                                ..…Complainant

                                                Versus

Greater Ludhiana Area Development Authority, Ferozepur Road, Near Westend Mall, Ludhiana through its ACA.                                                                                                                                                  …..Opposite party 

Amended Complaint Under the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Harpreet Singh, Advocate.

For OP                           :         Sh. B.S. Virk, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                In brief, the facts of the case are that the complainant is aged about 75 years and she was allotted a plot No.1115, Phase-1, Dugri, Ludhiana by the OP vide letter No.13667 dated 31.05.1979 but the OP cancelled the said allotment vide letter dated 25.05.1989 and challenging the same, the complainant filed civil suit No.1019 dated 30.07.1991. The said suit was decreed on 29.11.1994 by Sh. Dharam Singh, the then Sub Judge First Class, Ludhiana. Thereafter, she filed execution application in the court of Ms. Karandeep Kaur, the then Civil Judge (Junior Division), Ludhiana who appointed its Reader as LC and a sale deed dated 17.03.2016 of the said plot was executed and registered in favour of the complainant. The complainant further stated that she visited the OP number of times with requisite papers to record her name as owner in their record but to no avail. Even she wrote letters dated 18.06.2019, 05.09.2019, 20.09.2019 and 03.10.2019 to the OP but no reply was received. Ultimately, the OP restored the allotment of the plot of the complainant vide order dated 01.01.2020.

                   The complainant further stated that she submitted a building plan before the OP for approval by depositing Rs.31,450/- in form of a DD on account of Fee type map fee, cow cess, security building plan, labour cess in respect of plot in question to which the OP issued a receipt dated 28.08.2020 of said amount but did not approve the plan till date despite her repeated requests and letter dated 03.11.2020. According to the complainant, she had to approach Hon’ble Punjab and Haryana High Court who directed the Civil Judge, Ludhiana to execute sale deed which was executed on 15.01.2016 but the OP took 4 years to issue ownership letter in the year 2020. Now the OP has delayed the matter in approving the building plan due to which the complainant has suffered physical and mental agony for which she is entitled to compensation from the OP. In the end, the complainant has prayed for quashing the demand of Rs.26,52,104/- and demand notice  No.3333 dated 28.09.2020 of the OP and to direct the OP to approve the building plan along with compensation of Rs.8 Lakhs besides litigation expenses of Rs.1 Lakh.

2.                The complainant filed application for amendment of the complaint which was allowed vide order dated 17.04.2023 subject to payment of costs of Rs.500/-.

3.                Upon notice, the OP appeared and filed written statement to the amended complaint and assailed the complaint by taking preliminary objections on the ground of maintainability; the complainant being not come with clean hands; suppression of material facts; the complainant being not a Consumer; lack of jurisdiction etc. The OP stated that the allottee failed to deposit 75% amount of the plot as per condition No.8 of the allotment letter. Accordingly, a tentative amount of Rs.7,166/- including interest is pending till date against the allottee against the cost of plot. Besides this non-construction charges of Rs.26,52,104/- including GST  up to 31.12.2021 are also pending against the allottee/complainant. It is also submitted that allottee was already informed vide office letter no.3333 dated 28.09.2020 to deposit the non-Construction charges pending against the plot but the allottee/complainant failed to deposit the same till date.

                   On merits, the OP reiterated the crux of averments made in the preliminary objections. The OP has denied that there is any deficiency of service and has also prayed for dismissal of the complaint.

4.                The complainant filed replication to the amended written statement of the OP reiterating the facts mentioned in the amended complaint and controverted those mentioned in the amended written statement of the OP.

5.                In evidence, Sh. Parminder Singh, attorney holder of the complainant tendered his affidavit as Ex. CA and reiterated the averments of the complaint. The complainant also placed on record documents Ex. C1 is the copy of general power of attorney, Ex. C2 is the copy of sale deed, Ex. C3 to Ex. C5 are the copies of letters dated 05.09.2019, 20.09.2019 and 03.10.2019 respectively, Ex. C6 is the copy of order dated 01.01.2020, Ex. C7 is the copy of application for sanction of building plan, Ex. C8 is the copy of receipt of payment of building plan, Ex. C9 is the copy of letter dated 03.10.2020, Ex. C10 is the copy of judgment dated 29.11.1994 of Sh. Dharam Singh, Sub Judge, First Class, Ludhiana, Ex. C11 is the copy of decree sheet, Ex. C12 is the copy of order dated 18.05.2009 of  Sh. Manjinder Singh, ADJ, Ludhiana, Ex. C13 is the copy of order dated 12.11.2010 passed by Hon’ble Punjab and Haryana High Court, Ex. C14 is the copy of order dated 08.04.2016 passed by Ms. Karandeep Kaur, CJJD, Ludhiana, Ex. C15 is the copy of order dated 22.12.2016 of Hon’ble Punjab and Haryana High Court, Ex. C16 is the copy of letter dated 05.12.1988 for depositing draft, Ex. C17 is the copy of draft of rs.7000/- and closed the evidence.                

6.                On the other hand, the counsel for the OP tendered affidavit Ex. RA1 of  Sh. Rajesh Kumar, Senior Assistant (Accounts) of the OP along with documents i.e. Ex. R1A is the copy of  calculation sheet, Ex. R2A is the copy of letter No.3333 dated 28.09.2020 and closed the evidence.

7.                We have gone through the amended complaint, replication, affidavit and documents as well as amended written statement, affidavit and documents produced by both parties.

8.                Admittedly, the complainant an original allottee of the plot bearing No.1115, measuring 150 sq. yards Phase-1, Dugri, Ludhiana had to initiate a legal battle against the OP by filing a suit for declaration and mandatory injunction when her allotment of plot was illegally cancelled by the OP despite deposit of amount of Rs.7000/-. The Learned court of the Sub Judge First Class, Ludhiana vide judgment and decree Ex. C10 and Ex. C11 directed the OP to demarcate, execute and get registered sale deed of the plot in dispute. The application of the OP under Section 5 of Limitation Act as well as Appeal against the said order was also dismissed vide order 18.05.2009 Ex. C12 by the Learned court of Additional District Judge, Ludhiana. The judgment and decree attained the finality but the OP did not comply the same, the complainant had to file an execution application wherein the sale deed dated 17.03.2016 Ex. C2 with respect to plot question was executed in favour of the complainant by the OP on the orders of Ms. Karandeep Kaur, the then Civil Judge (Junior Division), Ludhiana. According to the complainant, the OP failed to enter her name as owner in their record despite issuing the letters dated 05.09.2019, 20.09.2019 and 03.10.2019 Ex. C3 to Ex. C5 by her to the OP. After 4 years of execution of sale deed, the OP restored the allotment vide office order dated 01.01.2020 Ex. C6. Thereafter, the complainant submitted a building plan with the OP for approval vide application form Ex. C7 and also deposited Rs.31,450/- through demand draft. This fact is established vide receipt dated 28.08.2020 Ex. C8 issued by the OP. The receipt Ex. C8 shows that the OP received Rs.31,450/- as Fee Type Map Fee, Cow Cess, Security Building Plan, Labour Cess (Approval Map). Further the complainant wrote letter Ex. C9 with the OP with request to approve the building plan which was received by the OP against diary No.3673 dated 03.10.2020.

9.                According to the OP, the building plan of the complainant could not be approved for want of tentative amount of Rs.7166/- including interest as well as non-construction charges of Rs.19,19,842/- demanded from the complainant vide letter No.3333 dated 28.09.2020 Ex. R2A, which the complainant has not deposited. In the written statement, the OP claimed that Rs.26,52,104/- including GST up to 31.12.2021 is pending against the allottee/complainant in lieu of non-construction charges. It is apposite to mention here that the OP has not placed on record any other document regarding demand of non-construction charges from the complainant except the letter Ex. R2A. It is for the first time when the OP raised demand of non-construction charges from the complainant through this letter Ex. R2A and that too when the complainant requested the OP for approval of building plan by depositing requesting fee through receipt dated 28.08.2020 Ex. C8. Till 28.08.2020 no demand was raised by the OP for non-construction charges. Even the OP has placed on record Property Ledger Ex. R1A showing balance of Rs.20,24,667/- towards the complainant. However, both these documents Ex. R1A as well as Ex. R2A have not seen the day light before 28.08.2020. Perusal of the entries in the ledger reveals that the non-construction charges has been debited in the account even during the period when the allotment was remained cancelled and the matter was subjudice. The allotment of the complainant was restored vide office order dated 01.01.2020 Ex. C6 with all intents and purposes. The act of the OP by raising demand of non-construction charges is illegal, arbitrary and without any basis and is liable to be quashed. Under the facts and circumstances of the case, it would be just and appropriate if the demand of non-construction charges raised vide letter No.3333 dated 28.09.2020 Ex. R2A is quashed and the OP is directed to approve the building plan applied by the complainant within 30 days from the date of receipt of copy of this order without any demand of non-construction charges etc. The OP is furthered burdened with composite costs of Rs.50,000/-.

10.               As a sequel of above discussion, the complaint is partly allowed and the demand of non-construction charges raised vide letter No.3333 dated 28.09.2020 Ex. R2A is hereby quashed with. Further the OP is directed to approve the building plan applied by the complainant within 30 days from the date of receipt of copy of this order without any demand of non-construction charges etc. The OP shall further pay a composite cost of Rs.50,000/- (Rupees Fifty Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

11.              Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

 

(Monika Bhagat)                              (Sanjeev Batra)               Member                                         President  

 

Announced in Open Commission.

Dated:22.08.2024.

Gobind Ram.