Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 716
Instituted on : 10.12.2021
Decided on : 06.02.2023.
Jagdish Deswal age-57 years S/o Sh. Raghbir Deswal R/o VPO Baliyana, Tehsil Sampla, Rohtak.
………..Complainant.
Vs.
Haryana State Indl. & Infra Dev. Corporation Ltd. Through its Estate Manager, IMT Rohtak.
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER.
Present: Sh. Sandeep Hooda, Advocate for the complainant.
Sh. Shakti Singh, Advocate for opposite party.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case, as per the complainant are that his land was acquired by the opposite party for IMT and as per R&R policy dated 07.12.2007, the complainant was allotted Residential Plot No. 236, area 350 Sq meter, Sector 30-B, IMT Rohtak. A letter of intent dated 10.02.2015 was issued to the complainant regarding the intimation of the allotment and tentative price of the plot was assessed Rs.16,80,000/-. The complainant had paid Rs.1,68,000/- vide receipt no.126 dated 24.01.2014 as per terms and conditions. He had received the letter of allotment dated 01.03.2016 regarding Residential Plot No. 236, area 350 Sq. Meters, Sector 30-B, IMT Rohtak and in the same the schedule of the payment of installments was also mentioned. The complainant had paid all the installments as per schedule mentioned in the allotment letter. Thereafter a revised letter dated 16.01.2020 was issued by the opposite party regarding the allotment of the above said plot with change in plot size from 14 marlas to 10 Marlas and plot number 236 to 609. The total cost of the plot was Rs.13,12,056/- but as per record of opposite party, the complainant had paid an amount of Rs.18,28,110/- to the opposite party. So, the complainant had paid an excess amount of Rs.5,16,054/-(18,28,110-13,12,056=5,16,054) with the opposite party. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay Rs.5,16,054/- alongwith interest @12% per annum, Rs.20,000/- on account of for harassment and to pay Rs.20,000/- as litigation charges as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite party. Opposite party in its reply has submitted that the land of the complainant measuring 02 Kanal 12 Marla situated in Khasra No. 230 within revenue estate of village Baliana was acquired vide Award No. 6 dated 15.05.2007 as per certificate dated 11.10.2010 issued by D.R.O. Further the land of the complainant measuring 01 Kanal 02 Marla situated in Khasra No. 230 and 04 Kanal situated in Khasra No. 325 within the revenue estate of village Baliana was acquired vide award No. 3 dated 06.07.2009 as per certificate dated 21.10.2010 issued by the D.R.O. The complainant had submitted duly sworn affidavit dated 05.11.2012 to the effect that the total measuring of his acquired land comes to 1 Acre 0 Kanal 0 Marla. Keeping in view the affidavit furnished by the complainant, plot No.236 Measuring 14 Marla was allotted to the complainant in Sector-30-B, IMT Rohtak. At the time of execution of conveyance deed it came to notice that the plot was inadvertently allotted wrongly in the size of 14 Marla instead of 10 Marla. Thereafter Mini Draw was conducted on 06.11.2019 to allot correct size of the plot and to adjust the cost and to refund the amount in excess, if any. Plot No. 609 measuring 273 Sq. mtr. was allotted to the complainant and he applied for physical possession of the plot on 20.01.2020 whereas actual size of the plot is 258.045 Sq.mtr. The actual cost of the plot is Rs.13,12,056/- including enhanced cost. There is barbed fencing at back side of the plot and amount of the Rs.11,714/- has been charged. The case of the complainant for refund of the amount in excess is under process. All the other contents of the complaint were stated to be wrong and denied and prayed for dismissal of complaint.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C10 and closed his evidence on dated 17.05.2022. Ld. counsel for the opposite parties has tendered affidavit Ex.RW1/A and closed his evidence on dated 26.08.2022.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case it is not disputed that initially the plot no.236 having area 350 sq. meter has been allotted to the complainant vide letter dated 10.02.2015. The total cost of the plot was assessed as Rs.1680000/-. The complainant has paid first installment on dated 24.01.2014 vide receipt no.126 amounting to Rs.168000/-. As per the complainant the total amount against this plot has been paid Rs.1828110/- but lateron respondent’s officials issued fresh allotment letter to the complainant and department had allotted plot no.609 to the complainant in Sector 30 IMT instead of plot no.236. The area of the new plot was 258.04 sq. meter(as per written statement filed by the respondent). As per Ex.C1 initially the plot no.236 which was allotted to the complainant having area of 350 sq. meter but later on in the new plot the area was 258.045 sq. meter. The new allotment letter placed on record by the complainant is Ex.C9. In fact as per Ex.C9, the tentative area of the plot was 273 sq.meter but as per written statement the actual area of new plot handed over to the complainant was 258.045 sq.meter. The perusal of this document shows that the tentative total price of the plot was Rs.1310400/-. As per complaint and documents placed on record by the complainant it is well proved that complainant had paid an amount of Rs.1828110/- against the plot no.236 whereas the plot no.609 has been allotted and the total tentative cost of same is Rs.1310400/-. It is also observed that respondents have not placed on record any document that they have refunded the excess amount to the complainant till date. It has been admitted in written statement by the opposite party that the refund of excess amount is under process. But the same has not been paid to the complainant till date even after filing of the present complaint. Hence the complainant is entitled for difference of amount i.e. Rs.5,16,054/-(18,28,110-13,12,056/-) paid by him in excess alongwith interest.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to refund the amount of Rs.5,16,054/-(Rupees five lac sixteen thousand and fifty four only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e.10.12.2021 till its realization and shall also pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
6. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
06.01.2023.
................................................
Nagender Singh Kadian, President
………………………………..
Tripti Pannu, Member.
………………………………..
Vijender Singh, Member.
