Haryana

Bhiwani

CC/265/2019

m/s Svaran syntex - Complainant(s)

Versus

HUDA - Opp.Party(s)

k.r Sharma

25 Oct 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.   265 of 2019

                              DATE OF INSTITUTION:              21.05.2019

                                        DATE OF ORDER:                       25.10.2024

 

M/s Svarun Syntex, Plot No.43, Sector-26, Industrial Area, Bhiwani Tehsil and District Bhiwani through its authorized signatory namely Arun Sharma son of Sh. Parikshit Sharma.

 

          ……Complainant.

 

Versus

 

1.       Haryana Urban Development Authority, HUDA (now HSVP) office Complex, C-3, Maheshwari Road, Sector-6, Panchkula Haryana through Chief Administrator.

 

2.       The Administrator, Haryana Urban Development Authority (now HSVP) Sector-13, Hisar District Hisar.

 

3.       The Estate Officer, Haryana Urban Development Authority (now HSVP) near HUDA Park, Bhiwani Tehsil and District Bhiwani.

 

4.       Estate Manager, Haryana State Industrial & Infrastructure Development Corporation, Bhiwani.

 

….. Opposite Parties.

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member

Ms. Shashi Kiran Panwar, Member

 

Present:-        Sh. Khushi Ram Sharma and Sh. Amit Kumar, Advocates for

complainant.

           Sh. Gorav Arora, Advocate for OPs No.1 to 3.

          (defence of OPs No.1 to 3 struck of v.o.d. 28.09.2022)

Sh. Ganesh Bansal, Advocate for OP No.4.

 

ORDER:

 

Saroj Bala Bohra, Presiding Member:

 

1.                 Brief facts of this complaint are that the complainant is a partnership firm, deals in business of trading and manufacturing of fabric etc.  and selling its product in various part of the country, having two partners namely Anu Agarwal wife of Sh. Vikas Agarwal and Arun Sharma both residents of Sector 13 HUDA, Bhiwani. Vide resolution dated 03.05.2019, Arun Sharma is authorized to initiate legal action against the OP. It is submitted that complainant was allotted a plot bearing no.43, Sector 26, Bhiwani vide allotment No.3563 dated 10.11.1998. As per allotment letter, Rs.97,548/- was to be paid within 30 days and the balance amount was to be paid in three quarterly equal installments of Rs.1,49,580/- each and the same was deposited by the complainant as per the demand of OPs. It has been submitted that complainant applied for mortgage permission in favour of HDFC Bank Bhiwani vide application dated 03.08.2017 but the permission was subject to payment of Rs.1,46,462/- being outstanding in the account of complainant despite issuing no-dues certificate and completion certificate by the OP. It is alleged that no notice qua the outstanding amount was ever given to complainant. Complainant has urged that prior to it, OPs have granted permission of mortgage for 3-4 times to the complainant. As per complainant, on enquiry, OP submitted that while issuing the allotment letter for the abovesaid plot, the amount of installment has been calculated as Rs.1,49,580/- instead of Rs.1,62,580/-. As such, there was Rs.39,000/- outstanding as original installment  and the OPs have calculated interest on this amount as Rs.1,07,462/-. Thus the total amount comes to Rs.1,46,462/-. In this regard, representation dated 25.01.2018 was submitted to OPs for depositing Rs.39,000/- alongwith interest, under protest, as the complainant was in need of mortgage permission. But the OPs did not return the amount of Rs.1,07,462/- Complainant has submitted, as per his knowledge, OP No.3 enquired into the matter and vide letter no.81406 dated 25.04.2018 has written to OP No.2 that the interest on the balance amount of Rs.39,000/- should not be charged from the allottee and same should be redeemed to the allottee but since thereafter nothing has been done in this regard by the OPs.  Hence, the present complaint has been preferred by complainant alleging deficiency in service on the part of OPs resulting into monetary loss as well as mental and physical harassment. In the end, prayer has been made to direct the Ops to repay the interest amount of Rs.1,07,462/- alongwith interest @ 18% per annum from the date of deposit i.e. 25.01.2018 till actual realization. Further to pay Rs.2.00 lac as compensation for harassment besides Rs.15,000/- as litigation expenses. Any other relief, to which this Commission deems fit has also been sought.

2.                 OPs No.1 to 3 did not file written statement despite availing sufficient opportunities, as such, their defence was struck of vide order dated 28.09.2022.

3.                 OP No.4 filed its written statement raising preliminary objections qua maintainability of complaint, cause of action and suppression of material facts.  On merits, it is submitted that initially Sector 26 Industrial Area, Bhiwani was allotted by HUDA/HSVP. Later on, as per Govt. policy, some record files of the said sector were transferred to HSIIDC-OP No.4 in July 2019.  Prior to it, the OP No.4 was not in picture at all, at the time of allotment, transfer of possession, depositing of payment, nor at the time of calculation of dues and raising of alleged demand notices of outstanding amount from the complainant in respect of plot in question. Al the affairs in respect of the plot were dealt with by the OPs No.1 to 3. Entire record in respect of captioned plot has also been dealt at with by HSVP.  It is submitted that the physical possession of the industrial sector 26 is still with OPs No.1 to 3 and all civil works and infrastructural services of Sector 21 and 26, Bhiwani are also being executed and looked after by HSVP itself. Further the record/plot file of the plot in question is also with office of OP No.3.  It has been submitted that  as per meeting held on 16.12.2020 under the Chairmanship of Principal Secretary to the Chief Minister, Haryana to discuss the issues regarding transfer of Industrial Estates from HSVP to HSIIDC that “wherever the allottees have deposited any excess payment with HSVP, refund thereof shall be made by HSVP only”. As such the complaint of the complainant is liable to be dismissed qua the answering OP. It is submitted that the amount due against the complainant has been made by the HSVP. It has been urged that the answering OP was not a party in the present complaint prior to filing of application under order 1 rule 10 CPC.  Hence, the question of deficiency in service on the part of answering OP does not arise and prayed for dismissal of the complaint with costs.

4.                 In evidence of complainant, his affidavit Ex. CW1/A alongwith documents Ex. C-1, Annexure C-1 to Annexure C-4 were filed and closed the evidence on 22.12.2023.

5.                 On the other side, learned counsel for OP No.4 filed affidavit of Mr. Kuldeep Kadian, Estate Manager as Ex.RW1/A alongwith documents Ex.R-1 to Ex. R-4 and closed the evidence.

6.                 At the outset, the pleadings of OP No.4 is that it has no concern with the present case prior to impleading of it as a party to the complaint.  Perusal of record reveals that OP No.4 had moved an application for impleading it as a party to the complaint on 04.02.2021 on the grounds that “The Govt. of Haryana has transferred industrial estates of Sector 21 & 26 of HUDA (Now HSVP), Bhiwani to HSIIDC, Bhiwani-OP No.4.” Thus it is necessary party to be impleaded in the complaint. As such, OP No.4 was impleaded as a party to the complaint.

7.                 Complainant in order to prove his case has drawn out attention towards allotment letter (Annexure C-1), whereby it is evident that the alleged plot was allotted to complainant and cost of the plot was Rs.6,50,320/-, out of which, Rs.65032/- & Rs.97548/- = Rs.1,62,580/- was paid to the OP and the remaining cost of the plot of Rs.4,87,740/- was to be paid by complainant in three equal quarterly installments of Rs.1,62,580/-.  Document Annexure C-4 reveals that complainant had deposited the amount as per allotment letter but the installments were of Rs.1,49,580/- deposited on 05.02.1999, 05.05.1999 and 05.08.1999.

8.                 As such, it has come out that there were less deposit of Rs.13,000/- in each installment which comes to a total of Rs.39,000/- and OPs No.1 to 3 and this amount after calculating interest of Rs.1,07,462/- became Rs.1,46,462/- and the same deposited by complainant on 25.01.2018 vide Annexure C-3.  As per pleadings of complainant supported with his evidence affidavit(s) and the fact that such less amount has not been objected by the OPs at any point of time, we presume that the OPs were at fault in receiving less amount from the complainant. Had there been any objection to the Ops, they must have written letter to complainant for depositing the correct premium amount but there is no such evidence is on record.

9.                 After hearing learned counsel for the parties and going through the record, we have come to conclusion that there was less amount deposited by complainant of Rs.39,000/- and such less amount was never objected by the OPs-HUDA/HSVP, as such, we do not find any negligence of otherwise on the part of complainant and thus he is not liable to pay any interest on this amount. As such, Rs.1,07,462/- was taken in excess by the OPs No.1 to 3 and complainant is entitled to get the amount refunded from Ops No.1 to 3 alongwith simple interest besides compensation for mental and physical harassment. Since, it is very much clear has been mentioned at point no.6 in the Minutes of Meeting held on 16.12.2020 (Ex. R-4),  that “Wherever the allottees have deposited any excess payment with HSVP, refund thereof shall be made by HSVP only. Hence, no liability is attributed against the OP No.4. As such, the complaint is allowed and the OPs No.1 to 3, jointly and severally, are directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To Rs.1,07,462/- (Rs. One lac seven thousand four hundred sixty two) to the complainant alongwith simple interest @ 6% per annum from the date of filing of this complaint till actual realization.

(ii)      To pay a sum of Rs.10,000/- (Ten thousand) as compensation for harassment.

(iii)     Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                    In case of default, all the aforementioned awarded amounts shall attract simple interest @ 9% per annum for the period of default.  If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite parties No.1 to 3 may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Copies of this order be sent to the parties concerned, free of costs within rules. File be consigned to the record room after due compliance. 

Announced.

Dated:25.10.2024.