Haryana

Panchkula

CC/214/2014

MOHAMMAD HALEEM. - Complainant(s)

Versus

HUDA. - Opp.Party(s)

COMPLAINANT IN PERSON.

03 Mar 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.                                 

                                                                             

Consumer Complaint No	:	214 of 2014
Date of Institution	:	03.11.2014
Date of Decision	:	03.03.2015

                                                                                                                 

Mohammad Haleem S/o Sh.Bashir Ahmed, R/o Flat No.5127/2, M.H.C., Manimajra, Chandigarh-160101.

                                                                                                             ….Complainant

Versus

 

Haryana Urban Development Authority (HUDA), Panchkula through Chief Administrator, HUDA, Sector-6, Panchkula.

                                                                                             ….Opposite Party

 

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

 

Quorum:                    Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

                                    Mr.Anil Sharma, Member.

 

For the Parties:         Complainant in person. 

                                    Mr.Ajay Nara, Adv., for the OP.

 

ORDER

(Dharam Pal, President)

 

1. Mohammad Haleem-complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the Ops with the averments that he applied for freehold residential plot in Sector-13, UE, Bahadurgarh through advertisement issued in January, 2008 (Annexure C-1) and he was allotted a plot No.447, Sector-13, Bahadurgarh vide memo No.10341 dated 06.10.2008 at the tentative price of Rs.27,77,000/-. The complainant had paid 25% of the price of plot within 30 days of the date of allotment letter and was preferred to pay balance 75% of the price of plot in six annual & equal installments as was permissible. As per terms and conditions of Brochure, each installment was recoverable together with interest on the balance price @ 9% p.a. interest on the remaining amount. However, the interest was accrued from the date of offer of possession of plot and interest @ 12% p.a. was chargeable on the delayed payment of installmets. As per terms & condition of the Brochure, the possession of the plot was to be offered by the Op to the allottee within 3 years of the date of allotment and if the possession of the plot was not offered within the prescribed period of 3 years from the date of allotment, the Op would pay interest @ 9% p.a. on the amount deposited by the allottee after the expiry of 3 years till the date of offer of possession. However, the payment of balance installments would only start after the possession of plot was offered to the allottee by the OP. The E.O., HUDA, Bahadurgarh offered the possession of plot vide his office memo No.670 dated 13.06.2011 (Annexure C-3) asking the complainant to pay the installments alongwith interest as per their conditions and the complainant started paying the installments. The E.O., HUDA, Bahadurgarh gave the possession of the plot on 05.07.2011 vide his office memo No.320 dated 05.07.2011 (Annexure C-4). Thereafter, the offer of possession of plot was withdrawn by the E.O., HUDA, Bahadurgarh due to non-completion of the development works of plot through his email dated 12.03.2014 (Annexure C-5). The complainant continued to pay the installments with interest as demanded by the E.O., HUDA, Bahadurgarh because the Op gave no intimation to the complainant regarding the withdrawal of offer of possession earlier. The detail of payment made to the Op for the plot is as under:-

                        Date of Payment           Description                     Amount of Rs.

06.10.2008                      Earnest Money               2,77,700/-

27.10.2008                      On allotment of plot      4,16,550/-

29.09.2009                      1^st Installment                 3,47,125/-

28.09.2010                      2^nd Installment                3,47,125/-

03.10.2011                      3^rd Installments+Intt.     3,86,498/-

03.10.2012                      4^th Installments+Instt.    4,41,106/-

03.10.2013                      5^th Installments+Instt.    4,09,608/-                 

 

The period of 3 years after allotment of plot had expired on 06.10.2011 but the offer of possession of plot has not been given to the complainant so far. Due to negligence of Op of offering of possession of plot by the E.O., HUDA, Bahadurgarh, the complainant had paid the additional amount of Rs.8,90,087/- whereas the complainant was not required to pay the installment because of non-offer of possession of plot. The complainant requested the Op vide letter No.2014/HUDA/Bahadurgarh dated 15.03.2014 that the additional amount of Rs.8,90,087/- should be refunded to the complainant alongwith 18% interest and he would pay the installments after the offer of possession of plot by the Op.  The complainant also requested through reminders dated 05.04.2014, 25.06.2014, 06.08.2014, 11.09.2014, 25.09.2014 and 24.10.2014 but to no avail which act of the OP amounts to deficiency in service on its part. Hence, this complaint.

2. In reply, the Op filed written statement by taking some preliminary objections to the effect that this Forum has no urisdiction to entertain and decide the complaint as it is barred u/s 50 (2) of the HUDA Act, 1977.  It is further submitted that the complainant has no cause of action to file the present complaint as the plot No.447, Sector-13, Bahadurgarh was allotted to the complainant vide allotment letter No.10341 dated 06.10.2008 and the possession of the plot was offered vide office memo No.670 dated 13.06.2011. However, the possession certificate was issued vide office memo No.320 dated 05.07.2011 and the installment was due towards the complainant on 06.10.2011 as such the delay period would be presumed from 06.10.2011 to 30.11.2014 i.e. 1150 days. It is submitted that the calculation given in para 12 of the complaint is not acceptable and maintainable. It is submitted that the case of the complainant for issuing the interest of delay period has been referred to the higher authority of HUDA for approval, after due verification, as and when the same was approved and received in the office of E.O., HUDA, Bahadurgarh, the same would be intimated to the complainant. It is submitted that the service regarding water supply, sewerage, electricity and connectivity of approached road to the plot in question have been completed as per the intimation of Executive Engineer vide its office memo No.10896 dated 25.11.2014. Thus, there is no deficiency in service on the part of OP and prayed for dismissal of the complaint.
3. The counsel for the complainant has tendered into evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 to C-13 and closed his evidence. On the other hand, the counsel for the Op has tendered into evidence by way of affidavit Annexure R-A and closed the evidence.
4. Heard. The counsel for the complainant reiterated the averments made in the complaint and prayed for its acceptance whereas the counsel for Ops reiterated the averments made in the written statement and prayed for its dismissal.
5. Admittedly the plot No.447, Sector-13, Bahadurgarh was allotted to the complainant by the Op vide allotment letter No.10341 dated 06.10.2008 (Annexure C-2). As per terms and conditions of the allotment, the possession of the site was to be offered on completion of the development works in the area. The Ops offered the possession of the plot to the complainant vide their letter dated 13.06.2011 (Annexure C-3) and schedule of payment was also issued. Accordingly, the complainant paid the installments alongwith possession offer interest to the OP. However, the OP vide their email dated 12.03.2014 (Annexure C-5) withdraw the offer of possession stating that the possession certificate was issued inadvertently by the Estate Officer, HUDA, Bahadurgarh. As per report of the Executive Engineer, HUDA Division, Bahadurgarh dated 11.04.2013 that the roads not constructed. During the period from 13.06.2011 to 12.03.2014, the complainant had deposited an amount of Rs.8,90,087/-. From the above, it is clear that the OP is not entitled for the 3^rd, 4^th and 5^th installments alongwith the possession offer interest which was paid by the complainant due to wrong offer of possession vide letter dated 13.06.2011 (Annexure C-3) which was later on withdrawn on 12.03.2014 (Annexure C-5). Moreover, the Op in their written statement has stated that the case of the complainant has been forwarded to the Higher Authority of HUDA to consider the case of the complainant and to take action regarding the delay period. Consequently, in view of the above discussion, thus, there is deficiency in service on the part of the Op.
6. The position that can be incontrovertibly culled out from the factual scenario apparent from the pleadings made by the parties, is that the OP offered the possession of the plot to the complainant and obtained the due payment in entirety without having satisfied itself that the development works in the area had been concluded. It is beyond the pale of controversy that the possession of the site was to be offered to the complainant on conclusion of the development works in the area. It is simultaneously that the schedule of payment was to be issued. The OP, on its own showing, committed a factual error in offering the possession of the plot to the complainant and, in fact, it has withdrawn that letter of possession. By the time that withdrawal came about, the complainant had already paid up a sum of Rs.890,087/- as the third, fourth and fifth installment. The offer of possession had been made by letter dated 13.06.2011; while the offer aforementioned was withdrawn on 12.03.2014. It was during the period intervening that the amount aforementioned had been deposited by the complainant.
7. The OP cannot, thus, even endeavour avoiding the charge of deficiency in service on their part.
8. While, thus, allowing the complaint, we would direct:

      a)         OP shall refund the amount of Rs.890,087/- with interest @ 9% from the date of deposit till the payment thereof comes about.

      b)         OP shall pay a sum of Rs.25,000/- as compensation for harassment and mental agony.

      c)         OP shall pay a sum of Rs.5,000/- as the cost of litigation.       

9. The OP No.1 shall comply with this order within a period of one month from the date its communication to it comes about. 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.
10. Before concluding, we may notice an averment made in the course of the reply that the matter has been forwarded to the higher authorities of HUDA to take action regarding the delay period. There is also an averment that the OP will be “bound to intimate the complainant as and when the same received in the office”. In view of the general perception (which is correct too) that such like matters are inordinately delayed and pushed under the carpet in order to save the aberrant officials, we would direct the OP to get the matter finalized at the appropriate level and intimate the administrative action in the context to the complainant within 02 months from the date of receipt of a copy of this order. That only will, we are of the firm opinion, will redeem the image of HUDA which is announced to be in the service of masses and which constitutes a very important instrumentality of the Public Welfare State. The non-compliance of this part of the direction shall validate a plea for contempt by the complainant.

 

 

Announced                 (Anita Kapoor)                                (Dharam Pal)

03.03.2015                 Member                                            President

 

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

 

                                                     

                                                       

                                                                        Dharam Pal                                                                                                                           President