Haryana

Panchkula

CC/132/2018

JAI BHAGWAN SHARMA - Complainant(s)

Versus

HARYANA URBAN DEVELOPMENT AUTHORITY - Opp.Party(s)

NEERAJ SAHNI

21 Aug 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA

                                                  

 

Consumer Complaint No	:	132 of 2018
Date of Institution	:	27.07.2018
Date of Decision	:	21.08.2019

 

 

Jai Bhagwan Sharma, aged 63 years, son of Sh. Sita Ram Sharma, resident of house no.AD-74, HMT, Pinjore, District Panchkula (Haryana)

 

 

                                                                           ….Complainant

 

Versus

1.     Haryana Urban Development Authority, Sonepat through Estate Officer.

2.     Haryana Urban Development Authority, Panchkula through Estate Officer.

….Opposite Parties

 

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

Before:              Sh. Satpal, President.

Dr. Pawan Kumar Saini, Member.

Dr. Sushma Garg, Member.

For the Parties:   Sh. Neeraj Sahni, Advocate for complainant.  

Sh. Ranvir Sood, Advocate for OPs.

ORDER

(Satpal, President)

1.             The brief facts of the present complaint are that the complainant has purchased a residential plot no.1010, Sector-23 in Urban Estate Sonepat and accordingly, reallotment letter no.2505 dated 16.05.1992 was issued by the Estate Officer, Sonepat. The complainant  also paid the installments as per  receipts no.138428 and 332750 both dated 06.08.1992 and receipt no.216654 dated 05.08.1994 and 284025 dated 07.08.1995, receipt no.057186 dated 06.08.1996 and receipt no.098126 dated 07.08.1997. The enhancement amount was also paid by the complainant, vide receipt no.179167 dated 31.08.1998. Thereafter, the complainant get the possession vide memo no.S-1945 dated 17.02.2009. Thereafter, the completion of the above said house i.e. House No.1010, Sector-23, Sonepat, the complainant got occupation certificate no.3160 dated 03.04.2013 issued by the HUDA, Sonepat. Then the complainant also executed conveyance deed of the property in question which has been registered at serial no.2346 dated 17.05.2013 with the office of Sub Registrar, Sonepat. Thereafter, he also deposited enhanced amount and non construction fees with the OP as and when demanded. The complainant also demanded from the OP the statement of accounts of the complainant in respect of all the payments made by him of the above said property. He also visited the OP’s Office for getting the above mentioned documents but the OP asked to the complainant to pay further Rs.7-8 lakhs as non-construction fees in respect of his above said property. The complainant also found from the record of the OP that the Ops are showing outstanding of Rs.7-8 lakhs for non-construction fees. The complainant also filed complaints dated 25.01.2018 and 28.06.2018 to the Chief Minister Haryana to the illegal demand of the OP but of no effect. The complainant vide his letter dated 17.02.2018 also demanded to correct his account in respect of the above said property but all in vain. Due to the act and conduct of the OPs, the complainant has suffered a great mental agony, physical harassment and financial loss. 

Hence, the present complaint.

2.             Upon notice OPs appeared through counsel and filed written statement raising preliminary objections qua complaint is not maintainable being vague, baseless;  estoppels; no locus standi; bad for non-joinder and mis-joinder of the necessary parties;  no  cause of action; no jurisdiction and the complainant has not come with clean hands. On merits, OPs stated that the original allottee Sh. Hoshiar Singh son of Sh. Gyan Ram has submitted  an application  to the OP for transfer  of plot no.1010, Sector-23, Sonepat in the name of complainant and also submitted the affidavit  accepting  the terms and conditions  of allotment letter. The said plot is re-allotted in the name of complainant after transfer vide memo no.2505 dated 16.05.1992. The possession of the said plot has given to the complainant vide possession certificate memo no.1945 dated 17.02.2009. The complainant has applied for issue for the occupation  certificate in respect of the said plot  and permission is granted on the basis of completion drawings, affidavits and certificates submitted vide memo no.3160 dated 03.04.2013. Deed of conveyance of building/site sold by allotment was executed between complainant and OP duly registered with the Sub Registrar Sonepat on 17.05.2013 at serial no.2346. The complainant filed a complaint to the Chief Minister, Haryana in which he stated that OP is going to impose non-construction of plot fees which is likely to be more than Rs.7.00Lacs. In this regards he further stated that he also filed application to the OP on 01.01.2018. It is pertinent to mention here that whenever the complainant brought the facts before the OP, the relative record of the plot was rectified immediately and no dues certificate has been issued vide memo no. 17 dated 05.07.2018 after lapse of more than five years to the complainant by the OP and hence, there is no deficiency on the part of OP.

3.             The learned counsel for complainant has tendered the affidavit as Annexure C/A along with documents Annexure C-1 to C-15 in evidence and closed the evidence by making a separate statement. On the other hand, the ld. counsel for the OPs has tendered the affidavit Annexure R-A alongwith documents Annexure R-1 & R-2 and closed the evidence.

4.             We have heard the learned counsel for both the parties and gone through the record minutely and carefully.

5.             The allotment of plot no.1010, Sector-23, Urban Estate Sonepat vide reallotment letter No.2505 dated 16.05.1992 as also the payments of yearly installments alongwith the enhancement amount is not disputed. It is also beyond the pale of controversy that the possession of the plot was delivered to the complainant vide possession certificate dated 17.02.2009(Annexure C-9) and that after the sanctioning of building plan, occupation certificate dated 03.04.2013(Annexure C-10) has also been issued. The conveyance deed of the plot has also been executed vide Vasika no. 2346 dated 17.05.2013. The factum of reflecting the non construction charges i.e. extension fee in the PPM account of said plot has led the complainant to approach the Hon’ble Chief Minister of the Haryana by moving representation dated 25.01.2018 & 28.06.2018 and finally, filed the present complaint. The learned counsel appearing for the complainant has submitted that the no dues certificate as also the account’s statement have not been issued by the Ops so far despite his several request to the OPs and representations to the Hon’ble Chief Minister of Haryana. The learned counsel stated that the grievances of the complainant would stand redressed, in case, the OPs furnishes no dues certificate alongwith the accounts statement pertaining to the aforementioned plot to the complainant.

On the other hand the OPs while reiterating the contention of the complainant has stated that OP has never demanded any extension fee as alleged. The learned counsel appearing on behalf of the OPs stated that due  to online  error  an amount of Rs.7.0 lacs  was reflecting  in the PPM account pertaining to his House no.1010, Sector-23, Sonepat and when  this fact came to the knowledge  of deponent, his PPM account  was rectified  and no dues  certificate was issued  to the allottee/ complainant without any delay.

6.             Concluding the arguments, the learned counsel stated that no dues certificate has already been issued to the complainant, thus, no other grievances is left to be redressed and hence the complaint is liable to be dismissed.

7.             Having perused the entire record available on the file, we find that no dues certificate dated 05.07.2018 in the shape of Annexure R-1 is available on the file and account statement dated 06.05.2019 is also available on record as Annexure R-2. Thus, the facts stated in Para-9 and Para 11 of the affidavit Annexure R-A as deposed by the deponent Estate Officer HSVP, Sonepat have been found correct. However, in view of the statement made by the learned counsel for the complainant, we deem it expedient to dispose of the present complaint with the directions to the Op No.1 to provide a duly signed copy of no dues certificate alongwith accounts statement pertaining to the said plot to the complainant so as to redress the grievance of the complainant in its entirety. Since no dues certificate has been issued on 05.07.2018 prior to filing of this complaint i.e. 27.07.2018 so no cost/penalty is imposed upon the OP No.1.

8.             The OP No.1 shall comply with the order within a period of 30 days from the date of communication of copy of this order failing which the complainant shall be at liberty to approach this Forum for initiation of proceedings under Section 25 and 27 of CP Act, against the OP No.1. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.

Announced:21.08.2019

 

Dr.Sushma Garg          Dr. Pawan Kumar Saini         Satpal          

        Member                  Member                               President

 

 

Note: Each and every page of this order has been duly signed by me.

 

                                        Satpal                                        

President