Haryana

Karnal

EA/79/2019

Smt. Suman Lata - Complainant(s)

Versus

Haryana Urban Development Authority - Opp.Party(s)

Lajpat Rai Chuchra

12 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                Execution application No. 79 of 2019

                                                Date of instt.11.07.2019

                                                Date of Decision: 12.03.2024

 

Smt.Suman Lata wife of Shri B.K.Gupta, resident of H.No.779, Sector-6, Urban Estate, Karnal.

                                               …….DH/Complainant.

                                              Versus

 

 

1.     Haryana Urban Development Authority, Sector-6, HUDA Complex, Panchkula, through its Chief Administrator.

2.     The Estate Officer, HUDA, Sector-12, Urban Estate, Karnal.

 

                                                                      …..JDs/OPs

 

Application under Section 25 read with Section 27 of Consumer Protection Act

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Suman Singh……..….Member

 

 

Present:  Shri L.R.Chuchra, counsel for DH.

                Shri Rishi Ram Sharma, counsel for JDs.

 

                    (Jaswant Singh President)

 

ORDER:  

 

                Vide this order we dispose of the execution application arising out of complaint titled as Suman Lata Versus HUDA, filed by the complainant/DH. The facts of the complaint and present execution petition in nutshell are as under:-

 

2.             The DH/complainant was allotted a plot/House No.779, Sector-6, Urban Estate, Karnal, by the Ops vide allotment letter No.24497 dated 25.05.1982 and the possession was delivered to her on 30.12.1986. DH applied for raising construction of the ground floor, which was granted on 05.02.1991. After construction, the DH applied for issuance of No Dues Certificate for getting conveyance deed executed and submitted full detail of installments/enhancement compensation. Inspite of exhausting available remedies, requested through RTI to supply NDC and refund excess amount. In reply to RTI, OPs/JDs issued letter no.12380 dated 17.10.2011, demanding to deposit interest @ 15% per annum as per court order vide CWC No.1479 of 2001. Hon’ble Commission after accepting the complaint, notice was issued to OPs and OPs appeared and filed written version and submitted therein that until and unless arrears of plot is cleared, NOC could not be issued. Moreover, RSA is also pending in this respect. An amount of Rs.1,50,286/- was outstanding against the complainant regarding additional amount/enhancement compensation alongwith interest upto 11.07.2023 and the complainant was bound to pay. Complainant has produced copies of judgment and decree passed in Civil Suit No.180 of 1992 and judgment dated 21.02.2014, passed by Hon’ble Punjab and Haryana High Court, Chandigarh in RSA No.3783 of 2000 and order passed in SLP filed by OPs in Hon’ble Supreme Court of India. As per direction of Hon’ble High Court in RSA No.1974/2000, the OPs will issue fresh notice of demand to the complainant after examining the official record in accordance with law, in view of observation made in the judgment. However, fresh notice was neither served to the complainant nor to any allottee of Sector-6, Urban Estate, Karnal. Thus, the complaint of the complainant was allowed vide order dated 15.03.2017 and passed the following order:-

“As a sequel to the foregoing discussion, the complaint is accepted to the extent that the OPs are directed to issue fresh demand notice if any amount remains due towards the complainant as per observation of Hon’ble Punjab and Haryana High court in RSA No.1974 of 2000 within 30 days and thereafter, the complainant would deposit the demanded amount, if any, within 30 days of the receipt of such notice and then the OPs would issue “No Dues Certificate” and execute and get registered the conveyance deed in favour of the complainant within 30 days of depositing the due amount by her. It is also clarified that if on calculation as per observations of Hon’ble High Court, it is found that the complainant had deposited excess amount, then the same be refunded to her alongwith interest thereon @9% per annum from the date of filing the complaint till its realization. We further direct the OPs to pay Rs.11,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation. This order shall be complied accordingly. The parties concerned be communicated of the order accordingly and file be consigned to record room after due compliance.”

 

3.             Learned counsel for the DH argued that the JDs have failed to comply the order under execution, which was passed by this Commission on 15.03.2017. The JDs have issued a notice for depositing for an amount of Rs.12,864/- on account of remaining enhancement and said amount had been deposited by the DH on 30.10.2018 but despite that, the OPs have not issued the “No Dues Certificate”. He further argued that now the OPs have issued a demand notice for depositing Rs.1,66,458/- on account of enhancement which is totally illegal and arbitrary and not binding upon the DH. The said enhancement is not as per the actual calculation of the enhancement. He further argued that the OPs/JDs be penalized as per Section 72 of the Consumer Protection Act, 2019 and also directed to comply the order under execution.

4.             On the other hand, learned counsel for the JDs have argued that in compliance of the order under execution, the JDs have issued demand notices dated 30.06.2022, 19.01.2023 and 19.01.2024 for demand of Rs.1,43,705/-, Rs.1,51,490/- and Rs.1,66,458/- respectively on account of enhancement but DH has failed to deposit the same. He further argued that cost of Rs.11,000/- which was imposed in the order under execution and deposited amount of Rs.12,864/- as part amount will be adjusted towards the due amount of the DH and lastly prayed for dismissal of the execution application.

5.             Arguments heard.

6.             As per the order under execution, the complaint of the complainant was accepted to the extent that the OPs are directed to issue fresh demand notice, if any, amount remains due towards the complainant as per the observation of Hon’ble Punjab and Haryana High court in RSA No.1974 of 2000 within 30 days and thereafter, the complainant would deposit the demanded amount, if any, within 30 days of the receipt of such notice and then the OPs would issue “No Dues Certificate” and execute and get registered the conveyance deed in favour of the complainant within 30 days of depositing the due amount by her.

7.             In compliance of the order under execution, OPs/JDs have issued demand notices dated 30.06.2022, 19.01.2024 and 31.01.2024 to the DH for depositing the due amount on account of enhancement. As per demand notice dated 19.01.2024, an amount of Rs.1,66,458/- is due till 31.01.2024 towards the DH. It is not the case of the DH that she has not received the said demand notices. The DH has failed to deposit the said due amount with the JDs. In the execution proceedings the Commission cannot decide whether the said demand notices are legal or illegal. If the DH has any grievances with regard to the said demand notices, she should have challenged the same before the competent Court of law. In the present execution, this Commission is only to decide whether the compliance of the order under execution has been made by the party or not. In the present execution application, DH has not deposited the remaining enhancement amount with the JDs, hence, the DH herself is at fault and for that the JDs cannot be blamed.

8.             In view of the above discussion, the present execution application is devoid of any merits and deserves to be dismissed and same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.   

 

Announced

Dated: 12.03.2024                                                                   

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

       

(Vineet Kaushik)             (Dr. Suman Singh)

                     Member                          Member