District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.334/2021.
Date of Institution: 15.07.2021.
Date of Order: 08.07.2022.
Subhash Kaushik son of late Shri B.D.Kaushik R/o H.No. 819B, Sector-49, Faridabad- Haryana.
…….Complainant……..
Versus
1. Haryana State Industrial & Infrastructure Development Corporation Limited, through its Estate Officer, HSIIDC, Mobile No. 9910624465, 01292272290. Office, Sector-30, Faridabad, Haryana,
2. Haryana Urban Development Authority.
3. The Estate Officer, Haryana Urban Development Authority, through its Estate Officer, Office, Sector-12, Faridabad, Haryana.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Sh. Manoj Kaushik, counsel for the complainant.
Shri Ashok Muthreja, counsel for opposite party No.1.
Sh. Sudarshan Kumar, counsel for opposite partes Nos.2 and 3 (Proforma OP)..
MUKESH SHARMA, MEMBER,
ORDER:
The facts in brief of the complaint are that the complainant was a permanent resident of above said address who was allotted an industrial plot measuring 480 meters/1/8 acre(5nst) plot No. 131, Sector-58 at Urban Estate-Faridabad vide allotment No. 27204 dated 26.05.2003 at the tentative price of Rs.9,00,000/-. On 15.04.2004 the opposite party had delivered the physical possession of the site/plot to the complainant. The complainant paid the entire amount price/value of Rs.9,00,000/-. On 13.06.2016, despite of having paid the entire amount pertaining to the above said plot due upon the complainant the opposite party No.2 issued a show cause notice dated 13.06.2016 by saying that the complainant was required to pay the penalty amount notice of Rs.6,45,140/- stated therein the complainant was required to be deposited said amount within 30 days. While the complainant had deposited the illegal demand of penalty amount within time given in the notice. The complainant had deposited the above mentioned amount of Rs.6,45,140/- through RTGS to the opposite parties on dated 30.11.2016 as per their illegal demand. The complainant had completed the construction over the plot by modifying the site plan as per their terms and conditions but the opposite party had not given the occupation certificate of the site/plot to the complainant despite having received the required site plan etc. The complainant requested verbally and making several representation on the excuse that the dealing hands were facing corruption charges or modified plan of site was missing and were trying to trace the same so it would take time as such the complainant could not get the occupation certificate. The complainant enquired at his level and got the reason for not getting the occupation certificate and the opposite party made a filmsy objection of not delivering the occupation certificate that the conveyance deed was needed to get the same. The complainant made several representation to the opposite parties to get conveyance deed registered on his name since the entire amount/price of the plot had already been paid by the complainant but result in vain reason best known to them. But the opposite parties had badly failed to perform their parts on getting registered conveyance deed in favour of the complainant on illogical ground. When the complainant did not get any response from the opposite parties then he sent three reminder on various dates such one and latest dated 14.06.2021 for getting the status of the conveyance deed of the plot but despite having received all three communication from the complainant no reply was sent by them in this regard. It was very relevant to mention that neither they answered the request of registering conveyance deed to the complainant nor given the occupation certificate in time for which they were liable for heavy penalty in the event if they failed to get registered conveyance deed and occupation certificate to the complainant. Moreover the opposite parties had no good intention and deliberately delaying the same to the complainant and causing wrong-full loss to the complainant and persons associated with the opposite parties for this reason they were liable to be booked u/s 42- IPC for their criminal acts and conduct of cheating in court of having jurisdiction over the matter.The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) get registered conveyance deed in favour of the complainant and occupation certificate of above mentioned plot No. 131/58 to the complainant .
b) pay Rs.8,00,000/- as compensation for causing harassment . as well as Rs.6,64,540/- received from the complainant including interest on account of not getting registered conveyance deed to the complainant with the all benefits arisen out.
2. Opposite party No.1 put in appearance through counsel and filed written statement wherein Opposite party No.1 refuted claim of the complainant and submitted that the plot NO. 131, sEctor-56, Faridabad measuring 450 sq. mtr. Was allotted to the complainant on freehold basis vide memo NO. A-Ind-2001/27204 dated 26.05.2003 at the tentative price of Rs.2000/- per sq. mtr. Thereafter the possession of the plot was handed over to the complainant vide possession certificate memo NO. S-725 dated 15.04.2004. however later on, the area of the plot was increased from 450 sq. mtr. to 480 sq. mtr. under intimation to the complainant vide letter memo O. A-Ind-2004/22438 dated 18.06.2004 and the total amount of increase area was Rs.62,700/- was demanded from the complainant. The complainant had failed to comply with the terms and conditions of the allotment and had failed to construct the building within the stipulated period and as per records, two show cause notices were issued by the defendant Nos.2 & 3 to the complainant on 27.07.2007 and 17.12.2007 for non –construction of plot which was neither replied nor responded by the complainant. Further a show cause notice was issued on 13.06.2016 to deposit a sum of Rs.6,45,140/- against payment of outstanding of installments and to submit the occupation certificate and was also called upon as to why a penalty of Rs.64,514/- i.e. 10% of the outstanding amount, be not imposed upon the complainant, and accordingly the complainant submitted a copy of challan of ICICI Bank dated 30.11.2016 but the complainant never submitted the occupation certificate. Thereafter as per records the complainant was also called for personal hearings vide letters dated 24.07.2017 and 08.09.2017 but the complainant failed to submit the requisite documents and by way of his reply dated 15.09.2017 admitted the fact that he was ready to pay the penalty amount for not completing the construction in time. Since the rate of the plot was enhanced by the Hon’ble Court in acquisition proceedings of this sector and as such an amount of Rs.9,53,000/- was to be recovered from the complainant according to clause 7 of the allotment letter and as such the opposite parties Nos.2 & 3 issued a demand letter bearing No. 4505 dated 10.4.2018 mentioning therein about the payment of the enahanced cost amount in 7 installments. As per records a letter bearing NO. 9476 dated 06.07.2018 was also sent to the complainant to appear in person regarding the plot in question on 24.07.2018, but the complainant did not submit any document with regards to construction over the plot in question and neither paid the cost of the enahanced amount and again a letter of personal hearing was issued vide memo No. 15315 dated 06.12.2018 with a request to submit all the documents within 7 days otherwise the plot would be resumed. Opposite party No.1 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Opposite parties Nos. 2 & 3 put in appearance through counsel and filed written statement wherein Opposite parties Nos. 2 & 3 refuted claim of the complainant and submitted that in compliance of Chief Administrator, HSVP, Panchkula letter No. 8545-52 dated 07.03.2018 the complete record of Industrial estate sector-58, Faridabad including plot files of all industrial sites as per list attached were hereby handed over/taken over by the Estate Officer, HSVP, Faridabad/Haryana State Industrial and Infrastructure Development Corporation Ltd., Faridabad. Opposite parties Nos.2 & 3 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
4. The parties led evidence in support of their respective versions.
5. We have heard learned counsel for the parties and have gone through the record on the file as well written arguments filed by HSDIIC has been perused.
6. In this case the complaint was filed by the complainant against opposite parties – Haryana State Industrial & Infrastructure Development Corporation Limited & Ors. with the prayer to : a) get registered conveyance deed in favour of the complainant and occupation certificate of above mentioned plot No. 131/58 to the complainant . b) pay Rs.8,00,000/- as compensation for causing harassment . as well as Rs.6,64,540/- received from the complainant including interest on account of not getting registered conveyance deed to the complainant with the all benefits arisen out.
To establish his case the complainant has led in his evidence Ex.CW1/A – affidavit of Shri Subhash Kaushik, Ex.CW1/A – allotment letter, Ex.CW1/B – photocopy of DD No.583727 dated 25.06.2003, Ex.CW1/C -photocopy of DD N. 578955 dated 07.04.2006 . Ex.CW1/D – photocopy of DD No.764185 dated 23.12.2006, Ex.CW1/E - photocopy of DD No. 764443 dated 23.01.2007, Ex. CW1/E/1 – photocopy of DD No. 764818 dated 27.02.2007, Ex.CW1/F – photocopy of DD No. 764947 for Rs. 60,000/-, Ex.CW1/Gm – photocopy of DD dated 29.03.2007 for Rs.1,35,000/-, Ex.CW1/H – challan No. 110048, Ex.CW1/I – possession certificate, Ex.CW1/J - letter dated 13.06.2016,, Mark C-1/A - Application for permission to occupy, Mark C-2 to C-2-10 – photographs, Ex.CW1/K – letter, MarkC-3 – note, Mark-C/A – newspaper cutting, Ex.CW1/L – letter dated 23.06.2021. Ex.C-12 – letter regarding extension of the construction time of Reg. plot No. 131, Sector-58, Industrial Area, Faridabad, Ex.C-13 – letter regarding extension of the construction time for 6 months, Ex.C-14 – calculation.
On the other hand counsel for the opposite party No.1 strongly agitated and opposed. As per the evidence of the opposite party No.1, Ex.RW1/A- affidavit of Shri Sanjay Kumar, Estate Manager, HSIIDC, Faridabad, Ex.R-1 – letter dated 18.06.2004, Ex.R-2 & 3– show cause notices, Ex.R-4 to 6- letters, Ex.R-7 – letter dated 10.04.2018 regarding payment of enahanced compensation for category industrial (1/8 Acre(5 Inst.), Ex.R-8 & 9– letters, Ex.R-10 – letter dated 23.06.2021 regarding plot NO. 131, Sector-58, Industrial Estate Faridabad (Taken over from HSVP) Request for execution of conveyance deed,,
7. In this case the amount of the complainant’s plot increased and the complainant could not pay the entire amount in time. This amount increased due to interest. The complainant should have paid rs.16,65,009/- alongwith interest as calculated upto 23.02.2022 as per para 11 of the written arguments submitted by the opposite party on 05.04.22. Whereas the complainant could not pay the entire amount within the stipulated time. As a result, the opposite party expressed his inability to consider the request of the complainant for conveyance deed of the plot vide Annx.R-10. On the other hand, complainant completed the construction work in his plot but the opposite party was unable to issue the occupation certificate to the complainant as he did not have conveyance deed. The complainant submitted a banker’s cheque of Rs.9,98,000/- before commission to prove his bonafide intention and argued that if the claim of the opposite party is found to be correct, it should be paid to the opposite party. But at present, it has become invalid due to the lapse of the stipulated period of three months.
On 23.02.022, Shri Subhash Kaushik – complainant has made a statement that he made opposite parties Nos.2 & 3 as a proforma (Opposite party). In favour this fact the opposite parties Nos.2 & 3 in para No.6 of their written statement stated that in compliance of order dated 07.03.2018 of Chief Administrator, HSVP, Panchkula the complete records of Industrial estate, Sector-58, Faridabad including the files of the concerned plot have been handed over to HSIDC, Faridabad and now HSIIDC is competent to issue occupation certificate of the said plot to the complainant.
8. It is evident from Waiver pamphlet vide Mark C3/A, declaring 100% waiver of penal interest and 25% waiver of overdue interest for clearance of entire default amount, which shows that the opposite party is in favour of waiving the interest amount as per the requirement.
9. After going through the evidence led by the parties, the Commission is of the opinion that extension fees should not be charged from the complainant after informing the opposite party about the completion of the construction work on the plot. Hence, the complaint is allowed.
10. The complaint is directed to submit the proofs of payments against the outstanding amount of the opposite party, if any, and pay the balance amount against this outstanding amount within 30 days from the receipt of this order. After verification of these payments, the opposite party will get done the conveyance deed of this plot in the name of the complainant and issue occupation certificate to the complainant within45 days from the date of receipt of this order. The complainant shall submit the necessary documents, if any, as per rules. Opposite parties are also directed that the interest shall not be charged from 23.02.2022 to next 30 days from the date of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 08.07.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
