Haryana

Karnal

CC/85/2023

Balwany Singh - Complainant(s)

Versus

Haryana Shehari Vikas Pradhikaran - Opp.Party(s)

R.P. Chaudhary

18 Jul 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 85 of 2023

                                                        Date of instt.03.02.2023

                                                        Date of Decision:18.07.2023

 

Balwant Singh son of Shri Rati Ram, resident of house no.765, sector-8, Urban Estate, Karnal.

                                               …….Complainant.

                                              Versus

 

Haryana Shehari Vikas Pradhikaran, Sector-12, Urban Estate, Karnal through its Estate Officer.

                                                                                                                                                                …..Opposite Party.

       

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.

              Sh. Vineet Kaushik……Member 

      Dr. Rekha Chaudhary……Member

          

 Argued by: Shri R.P. Chaudhary, counsel for the complainant.

                    OP exparte.

 

                    (Vineet Kaishik, member)

ORDER:                     

          

                 The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is owner in possession of a residential house bearing no.765, Sector-8, Urban Estate, Karnal, vide re-allotment letter no.4231 dated 23.03.2001. OP executed conveyance deed in favour of the complainant. The complainant completed the construction work and completion certificate dated 29.07.2003 was issued to the complainant by the OP. After getting due permission from the OP, the complainant took loan on the said property from the State Bank of India, Small and Medium Enterprises Centre, Kalandri Gate, Karnal, vide his account no.55085232623. The complainant repaid the entire loan amount of the bank and that was closed on 21.02.2015. The said bank issued a letter dated 22.05.2022 to the OP for cancellation of charges of aforesaid house but HUDA has not cancelled the charge over the said house. Complainant visited the office of the OP and requested for cancellation of charge over said property but previously OP started postponing the matter by saying that at a court case is pending regarding that property but no description of the case was given to the complainant. It is further averred that neither the complainant has filed any litigation against the OP nor the OP ever filed any litigation against him. The complainant wrote letter dated 26.07.2021, 07.07.2022 and 10.08.2022, vide which the OP has been directed to cancel the charge over aforesaid house of the complainant to remove the status of ‘court case pending’ on the online site of OP but OP flatly refused to do so due to reason of pendency of the court case but again refused to disclose the description of the case. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP did not appear despite service and opted to the proceeded against exparte, vide order dated 24.02.2023 of the Commission.

3.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of letter dated 22.05.2020 from SBI to Estate Officer Ex.C1, copy of affidavit of complainant dated 16.07.2021 Ex.C2, copy of re-allotment letter dated 23.03.2001 Ex.C3, copy of letter to HUDA Karnal dated 26.07.2021 Ex.C4, copy of letter to HUDA Karnal dated 07.07.2022 Ex.C5, copy of letter dated 10.08.2022 Ex.C6, copy of owner history chart online of HSVP site Ex.C7, copy of aadhar card of complainant Ex.C8 and closed the evidence on 12.05.2023 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             As per version of the complainant is that he is owner in possession of a residential house bearing no.765, Sector-8, Urban Estate, Karnal. Complainant took loan on the said property from the State Bank of India, Small and Medium Enterprises Centre, Kalandri Gate, Karnal, and repaid the entire loan amount to the bank. The bank issued a letter dated 22.05.2022 to the OP for cancellation of charges but OP has not cancelled the same. Complainant visited the office of the OP several times and requested for cancellation of charge over said property but OP failed to do so on the excuse a court case is pending regarding that property but no description of the case was given to the complainant. OP failed to cancel the charge over aforesaid house of the complainant and to remove the status of ‘court case pending’ on the online site despite repeated requests of complainant.

6.             The onus to prove his case was relied upon the complainant. To prove his version, complainant has placed on file copy of letter dated 22.05.2020 from SBI to Estate Officer Ex.C1, copy of affidavit of complainant dated 16.07.2021 Ex.C2, copy of re-allotment letter dated 23.03.2001 Ex.C3, copy of letter to HUDA Karnal dated 26.07.2021 Ex.C4, copy of letter to HUDA Karnal dated 07.07.2022 Ex.C5, copy of letter dated 10.08.2022 Ex.C6, copy of owner history chart online of HSVP site Ex.C7.

7.             To rebut the evidence produced by the complainant, OP did not appear and opted to be proceeded against exparte. Thus, the evidence produced by the complainant is unchallenged and unrebutted and there is no reasons to disbelieve the same. It has been proved from the above mentioned documents that complainant has cleared the loan but OP did not appear to prove its version as alleged by the complainant.

8.             Thus, as a sequel to abovesaid discussion, we dispose off the present complaint with the direction to OP to supply the detail of the case, which is alleged pending before court.  If OP fails to supply the detail of the case, in that eventuality, OP is directed to remove the status of the court case on its online site and manual record over the house of the complainant and to cancel the charge over the house in question. 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:18.07.2023                                                                     

                                                                President,

                                                    District Consumer Disputes

                                                    Redressal Commission, Karnal.

 

 (Vineet Kaushik)       (Dr. Rekha Chaudhary)

  Member                   Member