Haryana

Karnal

CC/427/2022

Rajesh - Complainant(s)

Versus

Haryana Shahri Vikas Pradhikaran - Opp.Party(s)

Kanav Deep Singh

19 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                      Complaint No. 427 of 2022

                                                      Date of instt. 26.07.2022

                                                      Date of Decision:19.06.2024

 

Rajesh son fo Shri Surajbhan, resident of Balmiki Basti, Badi Market Model Town, Karnal. Aadhaar no.5067 9782 5648.

 

                                               …….Complainant.

                                              Versus

 

1. Haryana Shahri Vikas Pradhikaran, Karnal through its Estate Officer, Sector-12, Karnal.
2. Municipal Corporation Karnal through its Authorized Signatory/ Representative, Karnal.

 

…..Opposite Parties.

       

Complaint Under section 35 of the Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.

              Shri Vineet Kaushik…….Member

      Dr. Suman Singh….Member

  

Argued by:  Shri Kanavdeep Singh, counsel for the complainant.

                    Shri R.R. Sharma, counsel for the OP no.1.

    (defence of OP no.1 struck off vide order dated 

    18.10.2022.

    Shri Jaspal Verma, counsel for the OP no.2.

 

                    (Jaswant Singh, President)

 

ORDER: 

                        

         The complainant has filed the present complaint Under section 35 of the Consumer Protection Act, against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that  in the year 2018, OP no.1 allotted residential plot no.1423 in sector-16,  Karnal, category residential (2 Marla EWS on free hold basis) for the tentative price of Rs.1,04,650/-. The abovesaid plot was given to the complainant in exchange of vacating his house in Balmiki Basti Badi Market Model Town, Karnal. OP no.1 issued allotment letter dated 16.07.2018 in this regard. OP no.1 also issued one letter bearing memo no.7441 dated 30.08.2018 in which it was mentioned that after taking possession complainant will construct the plot within 9 months. Complainant have submitted full and final payment regarding the abovesaid plot to OP no.1 after which OP has issued possession certificate and also issued no dues certificate to the complainant. Lateron, OP no.1 instructed the complainant to submit fresh building plan to the office of OP no.1 over which complainant submitted the fresh building plan and OP no.1 issued building plan approval letter on 06.08.2019. Complainant by spending Rs.80,000/- have also constructed DPC over the abovesaid plot and in this regard OP no.1 has also issued DPC certificate to the complainant. OP issued a letter dated 04.06.2020 to complainant to come before OP no.1 on 09.06.2020 with all the related documents, when complainant reached the office of OP no.1, he was told by the official of OP no.1 that house of complainant in Balmiki Basti falls in Nagar Nigam and not in HUDA. Though, they are going to cancel the allotment of house no.1423/16 Karnal. It was also told to complainant that some other person named as Rajesh have also applied for the plot and later on his earnest money was returned to him. In south side of the house of complainant in Balmiki Basti, Karnal there is a house of Subhash son of Mukhtyar Singh who had already allotted plot in sector-16 Karnal by the OP no.1, that on north side of house of complainant there was a house of Kuldeep who are also allotted one plot in sector 16 Karnal by the OP  no.1 so how and in what way it is possible that the house between belongs to Nagar Nigam and the houses on north and south side of the house complainant in Balmiki Basti belongs to OP no.1. Complainant had also given written representation to OP no.1 regarding plot no.1423 in sector-16 Karnal on 13.07.2020 but till date OP no.1 has given no reply to abovesaid representation and they are acting very adamant towards cancelling the plot given to complainant. After the allotment of plot no.1423 to complainant, complainant has dismantled his house in Balmiki Basti Model Town, Karnal. The complainant has invested his complete hard earned money in the payment of plot no.1423 and also in constructing the DPC of the said plot. Due to this act and conduct of OPs, complainant has suffered mental pain, agony and harassment by the hands of the OPs. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence complainant filed the present complaint seeking direction to the OP no.1 to give possession of the plot no.1423, sector-6, Karnal and also to take back the cancellation order passed by OP no.1 regarding the said plot, to pay Rs.2,00,000/- on account of causing mental pain, agony and harassment as well as financial loss and to pay Rs.25,000/- as litigation expenses.

2.             On notice, OP no.1 appeared but did not file the written version after availing several opportunities. Hence the defence of OP no.1 was struck off, vide order dated 18.10.2022 of the Commission.

3.             OP no.2 filed its written version raising preliminary objection with regard to maintainability; locus standi; cause of action; mis-joinder and non-joinder of necessary parties and concealment of true and material facts. On merits, it is pleaded that complainant never contacted the OP no.2 as he is well aware about the fact that this matter does not relate to OP no.2, hence complainant has not been suffering from mental pain, agony and harassment due to the act and conduct of OP no.2. OP no.2 has not provide any kind of service to the complainant. The dispute, if any, is in between the complainant and OP no.1 and there is no dispute with the OP no.2. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

4.             Parties then led their respective evidence.

5.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of allotment letter Ex.C1, copy of letter of HSVP dated 30.08.2018 Ex.C2, copy of appointment slip regarding No Dues Certificate Ex.C3, copy of Building Plan Approval letter dated 06.08.2019 Ex.C4, copy of No Dues Certificate Ex.C5, copy of possession certificate Ex.C6, copy of DPC certificate Ex.C7, copy of reminder dated 04.06.2020 by HSVP regarding submission of documents Ex.C8, copy of DPC Certificate Ex.C9, copy of S.C. certificate Ex.C10, copy of aadhar card Ex.C11, copy of Ration Card Ex.C12, copy of bank pay slip Ex.C13, copy of affidavit of Rajesh Ex.C14,  copy of letter dated 13.07.2022 by complainant to OP regarding request to OP not to cancel the plot no.1423 Ex.C15, copy of letter dated 16..06.2022 by OP to complainant regarding cancellation of the plot in question Ex.C16, photographs Ex.C17 and Ex.C18 and closed the evidence on 09.12.2022 by suffering separate statement.

6.             On the other hand, learned counsel for the OP no.2 has tendered into evidence affidavit of Ankush Parasher Ex.OP2/A and closed the evidence on 08.06.2023 by suffering separate statement.

 7.            We have heard the learned counsel for the parties and perused the case file carefully and have also gone through the evidence led by the parties.

8.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that that OP no.1 allotted a residential plot no.1423 in sector-16, Karnal, in EWS quota for the consideration of Rs.1,04,650/-. The said plot was allotted to the complainant in exchange of vacating his house in Balmiki Basti Badi Market Model Town, Karnal. OP no.1 issued allotment letter dated 16.07.2018 in this regard. Complainant submitted all the required documents as required by OP no.1. The official of OP no.1 told that house of complainant in Balmiki Basti falls in Nagar Nigam and not in HSVP. He further argued that OP no.1 has also allotted the houses to Subhash and Kuldeep in the same locality and same quota. After the allotment of plot no.1423 to complainant, complainant has dismantled his house in Balmiki Basti Model Town, Karnal and he has invested his complete hard earned money in the payment of plot no.1423 and also in constructing the DPC of the said plot in this regard OP no.1 has also issued DPC certificate to the complainant.. Complainant have submitted full and final payment regarding the abovesaid plot to OP no.1 after that OP has issued possession certificate and also issued no dues certificate to the complainant. Complainant also submitted approved building plan to the OP. The house of the complainant situated in Balmiki Basti, Model Town Karnal does not fall in Nagar Nigam Kanral rather it falls in HSVP, Karnal and lastly prayed for allowing the complaint.

9.             Per contra, learned counsel for the  OP no.1 has argued that house of complainant in Balmiki Basti falls in Nagar Nigam and not in HSVP. So, the said plot of complainant was cancelled by the OP. Some other persons had applied for the plot in the same policy and later on their earnest money was returned to them and lastly prayed for dismissal of the complaint.

10.           Learned counsel for the OP no.2, while reiterating the contents of written version, has vehemently argued that OP no.2 has not provide any kind of service to the complainant. The dispute, if any, is in between the complainant and OP no.1 and there is no dispute with the OP no.2 and lastly prayed for dismissal of the complaint.

11.           We have duly considered the rival contentions of the parties.

12.           OP no.1 had allotted the plot no.1423 in sector-16, Karnal, vide allotment letter Ex.C1 dated 19.07.2018 and tentative price of the said plot was Rs.1,04,650/-. Complainant had deposited the abovesaid amount to OP no.1 and in this regard OP has issued No Dues Certificate Ex.C5 dated 19.06.2020. On 06.08.2019, OP no1 has approved the Building Plan Ex.C4 and as per said Building Plan, complainant constructed the house upto DPC level and allegedly spent Rs.80,000/-. OP issued DPC certificate Ex.C7. OP also issued a possession certificate Ex.C6 in favour of the complainant on 02.05.2019. OP also sent a reminder Ex.C8 dated 04.06.2020 with regard to submission of the documents. To rebut the plea of the complainant, OP neither filed any written version nor tendered any evidence and defence of OP no.1 was struck off, vide order dated 18.10.2022 of the Commission.

13.           OP no.1 has cancelled the plot in question vide cancellation letter Ex.C16 dated 16.06.2022 without returning the house of the complainant, which was fallen in Balmiki Basti, without refunding the cost of construction. OP has already allotted the houses to Subhash and Kuldeep under the same policy. Further, it is not case of the OP that amount deposited by the complainant has already been refunded. OP no.2 has not claimed the property of the complainant, which falls in Balmiki Basti, Model Town, Karnal rather they have specifically stated that OP has no dispute with the complainant.  Thus, in view of the above, the act of the OP no.1 amounts to deficiency in service and unfair trade practice.

14.           Thus, as a sequel to abovesaid discussion, we dispose of the present complaint with the direction to OP no.1 either to allot the plot in question to the complainant or to return back the house of complainant falls in Balmiki Basti, Model Town, Karnal and  refunded the cost spent on construction of Rs.80,000/- and cost of the plot amounting to Rs.1,04,650/- deposited by the complainant with interest @ 9% per annum from the date of filing the complaint till its realization. We further direct the OP no.1 to pay Rs.25,000/- as compensation on account of mental pain, agony and harassment suffered by him and Rs.11,000/- towards the litigation expenses. The complaint qua OP no.2 stands dismissed. This order shall be complied with within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:19.06.2024

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Suman Singh)

                          Member                          Member