Haryana

Karnal

CC/106/2022

Sudesh - Complainant(s)

Versus

Haryana Urban Development Authority - Opp.Party(s)

Ram Mehar Sharma

21 Jul 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 106 of 2022

                                                        Date of instt.02.03.2022

                                                        Date of Decision:21.07.2023

 

Sudesh wife of Shri Tilak Raj, resident of House no.2060-P, Sector-4, Part-II, Karnal.

                                               …….Complainant.

                                              Versus

 

1. Haryana Urban Development Authority/HSVP through its Chief Administrative, Sector-6, Panchkula.
2. Administrator, HSVP, Sector-6, Panchkula.
3. Estate Officer, Haryana Sahri Vikas Pradikaran, Sector-12, Karnal.                                                                                                                         …..Opposite Parties.

       

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 Ram Mehar, counsel for the complainant.

    Defence struck off (vide order dated 13.06.2022).

 

                    (Dr. Rekha Chaudhary, Member)

ORDER:                     

          

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant applied for allotment of 4 marla plot, vide application no.21326 against the advertisement issued for allotment of plots in sector-4 and 5 Urban Estate, Karnal by the OPs. The complainant was successful in draw and subsequently was allotted a 4 marla preferential plot i.e. plot no.2060-P, Sector-4, Part-II, Urban Estate, Karnal. The said plot was a preferential plot and OPs asked the complainant to pay enhanced amount and the same was paid by complainant on 29.10.2002. The complainant has deposited the consideration as required by the OP no.3, vide letter dated 08.10.2002 and been regularly paying the installments regarding the plot in question and finally cleared the installments on 25.08.2008 including the enhancement. The complainant was also offered possession of the plot in question, vide letter no.1145 dated 12.05.2003 but the possession could not be handed over to the complainant due to the dispute between the owner of the land and the OP no.3. However, interest @ 15% per annum was started on the remaining installments. On 17.03.2005, complainant received a letter from the OPS stating therein that the possession of the plot in question cannot be given to the complainant as the same falls in the release land. The complainant filed a representation dated 12.12.2008 to the OPs informing him that the actual possession has not been given and still the penal interest @ 15% is being demanded from the complainant. On the representation, the offer of possession was also withdrawn by the OPs on 27.01.2009. The husband of complainant is a retired person and they had invested their life earning in the plot in question. The complainant approached the OPs several times and filed many representation and application to get the possession of the plot allotted.

2.             It is further averred that finding no other way, complainant filed CWP no.14902/15 for possession of the plot or alternative plot of similar category and size in Urban Estate, Karnal. The CWP was decided in favour of the complainant. Lastly on 19.02.2018,  the actual possession of the abovesaid plot was delivered. The complainant paid all the installments in time and on 25.08.2008, full and final installments was paid to the OPs but the possession of the abovesaid plot was delivered to the complainant on 19.02.2018. This way, complainant was deprived from the possession of the abovesaid plot and no interest of the paid amount was paid to the complainant. The details of payment datewise is as follows:-

1^st payment 07.03.2002 of Rs.13,714/-

2^nd payment 11.09.2002 of Rs.24,000/-

3^rd payment 29.10.2002 of Rs.47,763/-

4^th payment 15.09.2003  of Rs.20,000/-

5^th payment 16.08.2004  of Rs.20,000/-

6^th payment 13.09.2005 of Rs.20,000/-

7^th payment 26.09.2006 of  Rs. 20,000/-

8^th payment 25.09.2007 of  Rs. 20,000/-

9^th payment 25.09.2008 of  Rs. 13,140/-

                Total Rs.           Rs.1,98,617/-

The total Rs.1,98,617/- was paid to the OPs upto 25.08.2008 and the actual possession of the plot was handed over to the complainant on 19.02.2018. Thus, the complainant is entitled to have interest on the deposited amount @ 18% per annum from the date of first payment and subsequent payments. The complainant constructed the house on the plot and occupation certificate was issued to the complainant on 12.03.2019. Thereafter, complainant made many verbal requests to the OPs to make payment but OPs did not pay any heed to the request of complainant. Then complainant sent a legal notice dated 16.12.2021 through his counsel to the OPs but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

3.             On notice, initially, Shri Amit Munjal Advocate on behalf of OPs appeared but did not file written version and power of attorney on behalf of OPs after availing several opportunities. Hence, the defence of the OPs was struck off, vide order dated 13.06.2022 of the Commission.

4.             Complainant has tendered into evidence her affidavit Ex.CW1/A, copy of allotment letter dated 20.08.2002 Ex.C1, copy of enhancement notice dated 08.11.2002 Ex.C2, copy of final payment receipt dated 25.08.2008 Ex.C3, copy of letter dated 12.05.2003 regarding offering of possession of the plot Ex.C4, copy of letter dated 27.01.2009 regarding withdrawal of the possession of plot Ex.C5, copy of order/CWP no.14902 dated 05.01.2016 Ex.C6, copy of possession letter dated 19.02.2018 Ex.C7, copy of occupation certificate dated 12.03.2019 Ex.C8, postal receipts Ex.C9, legal notice dated 16.12.2021 Ex.C10, copy of aadhar card of complainant Ex.C11 and closed the evidence on 05.04.2023 by suffering separate statement.

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

6.             As per version of the complainant is that she had applied for allotment of 4 marla plot with the OPs. The complainant was successful in draw and OPs allotted a 4 marla preferential plot no.2060-P, Sector-4, Part-II, Urban Estate, Karnal to the complainant. Complainant paid the installments regarding the plot in question regularly and cleared all the installments on 25.08.2008 including the enhancement. The physical possession of the plot was not handed over by the OPs inspite of repeated requests of the complainant. Complainant filed a CWP no.14902/15 for possession of the plot or alternative plot of similar category. The CWP was decided in favour of the complainant. On 19.02.2018, the actual possession of the abovesaid plot was delivered. The complainant paid all the installments in time and on 25.08.2008, full and final installments was paid to the OPs but the possession of the abovesaid plot was delivered to the complainant on 19.02.2018. Complainant paid the total amount of Rs.1,98,617/- to the OPs upto 25.08.2008 and the actual possession of the plot was handed over to the complainant on 19.02.2018. So, the complainant is entitled to interest on the deposited amount @ 18% per annum from the date of first payment and subsequent payments and lastly prayed for allowing the complaint.

7.             The onus to prove her version was relied upon the complainant. To prove her stand, complainant has placed on file copy of allotment letter dated 20.08.2002 Ex.C1, copy of enhancement notice dated 08.11.2002 Ex.C2, copy of final payment receipt dated 25.08.2008 Ex.C3, copy of letter dated 12.05.2003 regarding offering of possession of the plot Ex.C4, copy of letter dated 27.01.2009 regarding withdrawal of the possession of plot Ex.C5, copy of order/CWP no.14902 dated 05.01.2016 Ex.C6, copy of possession letter dated 19.02.2018 Ex.C7, copy of occupation certificate dated 12.03.2019 Ex.C8, postal receipts Ex.C9, legal notice dated 16.12.2021 Ex.C10, copy of aadhar card of complainant Ex.C11.

8.             It is evident from the allotment letter Ex.C1, OPs allotted the plot in question to the complainant for the total sale consideration of Rs.1,50,854/-.  Further, it is also evident from the enhancement letter Ex.C2 dated 08.11.2002, OPs have demanded the enhanced amount. It is also evident from the receipt Ex.C3 dated 25.08.2008, vide which complainant has deposited the final payment. It is also evident from the letter Ex.C4 dated 12.05.2003, OPs offered the possession of the plot question. It is also evident from the letter Ex.C5 dated 27.01.2009 OPs have withdrawn the possession of plot. It is also evident from the order/CWP Ex.C6 dated 05.01.2016 of Hon’ble Punjab and Haryana High Court, where in respondents herein OPs are stated that, if petitioner herein complainant made a fresh application for the allotment of an alternate plot, the same would be considered in accordance with law and writ petition accordingly disposed off. It is also evident from the possession letter Ex.C7 dated 19.02.2018, OPs have offered the possession of the plot in question on 19.02.2018 i.e. after the approximately 10 years from the deposition of the entire sale consideration of the plot. It is also evident from the occupation certificate Ex.C8 on dated 12.03.2019, OPs granted the permission for the occupation of the plot in question.

9.             To rebut the evidence produced by the complainant, OP did not file its written version as well as not concluded its evidence and the defence of the OPs was struck off by the Commission. Thus, the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same.

10.           Complainant booked the plot in question in the year 2002 and paid the entire sale price upto 2008. After that on 17.03.2005, complainant received a letter from OPs stating therein that possession of the plot in question cannot be given as the same falls in the release land. Initially, the plot no.2060-P Sector-4, Part II Urban Estate, Karnal was allotted to complainant on filing of CWP before Hon’ble Punjab and Haryana High Court. OPs asked the complainant to file a fresh application for alternate plot. Complainant moved a fresh application but very surprisingly despite of allotting the alternate plot OPs allotted the same plot to complainant which they have already allotted by alleging that same plot falls in release land. OPs have enjoyed the earned money of the complainant continuously for a long period of more than 10 years. Hence, the said act of the OPs amounts to deficiency in service and unfair trade practice.

9.             The complainant has also deposited the enhancement amount. The complainant is entitled to interest only on the actual sale price of the plot  deposited by her and not on the enhanced amount.

10.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to pay interest @ 9% per annum from the date of deposition of the entire sale price of the plot i.e 25.09.2008 till the offering of the possession of plot i.e. 19.02.2018. We further direct the OPs to pay Rs.20,000/- to the complainant on account of mental agony and harassment and Rs.5500/- towards the litigation expenses.  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:21.07.2023  

                                                                  President,

                                                          District Consumer Disputes

                                                          Redressal Commission, Karnal.

 

          (Vineet Kaushik)      (Dr. Rekha Chaudhary)

                        Member                     Member