BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI
Complaint No. : 192 of 2018
Date of Institution : 24.12.2018
Date of Decision : 8.4.2021
Smt. Usha Devi wife of Sh. Sunder Singh, resident of Near Vandna Punia Nursing Home, Aggersain Chowk, Bhiwani, Tehsil & District Bhiwani.
…………...Complainant
Versus
- Haryana Urban Development Authority, through its Chief Administrator, Haryana Urban Development Authority Panchkula (Haryana).
- The Administrator, Haryana Urban Development Authority, Hisar (Haryana)
- The Estate Office, Haryana Urban Development Authority, Bhiwani (Haryana).
….....Respondents/Opposite parties
Complaint under Section 12 & 13
of the Consumer Protection Act,1986.
Before: - Mr. Nagender Singh, President.
Mr. Shriniwas Khundia, Member.
Present: Sh. Mandeep Godara, Adv. for the complainant.
OPs already exparte.
ORDER
NAGENDER SINGH, PRESIDENT:
The complainant has filed this complaint under Section 12 & 13 of the Consumer Protection Act, 1986, against the OPs/respondents with the submission that she had purchased a plot No. 821-P measuring 14 Marla (317.40 Sq.Yds/Mtr) situated at Sector-23, HUDA, Bhiwani from original allottee namely Sh. Krishan Lal Saini S/o Sh. Munshi Ram R/o H.No. 277, Old Housing Board Colony, Bhiwani and the same was re-allotted by the Opposite party No.3 in her favour vide letter No. 3295-96 dated 13.07.2005 on the basis of transfer permission No. 1866-67 dated 02.05.2005 and the said plot was free from all encumbrances and the same was duly mentioned in aforesaid letter. It is submitted by complainant that the aforesaid plot was originally allotted to Sh. Krishan Lal Saini s/o Sh. Munshi Ram on 27.08.1991, vide letter No. 6226 dated 27.08.1991. As per terms and conditions of the auction as well as allotment order, the opposite parties have promised to the original allottee that they will offer the possession of the plot after completing all the development work within the area and the same were binding between the complainant and the opposite parties vide permission of transfer. It is also mentioned that the possession of the site will be delivered to the allottee on completion of the development work in the area. In the case of building, the possession shall however, be delivered within 90 days from the date of issue of the allotment letter. But the opposite parties failed to provide all the development work i.e. internal and external development work like as proper parking, public lavatories, shades, pathway, sanitation facilities and other basic amenities within the area till today. It is further submitted that she has completed all the formalities of the re-allotment letter issued by opposite party and thereafter submitted a request letter on 22.07.2005 in the office of Opposite party no.3 for completion of the development work and to hand over the physical possession of the aforesaid plot after receiving the re-allotment letter. It is further averred that the opposite party no.3 has written a letter memo No. 4620 dated 13.09.2005 vide which they stated that the development work has not been completed yet on the site, hence, the physical possession of the said plot cannot be delivered. On 15.12.2008, complainant again submitted a request letter in the office of opposite party no.3 about the above mentioned purpose but opposite parties has not responded in this regard. Thereafter, complainant has visited to the office of opposite party no.3 but the officials have given false assurance that they are doing their best to complete the development work and try to deliver the possession of the plot, but all in vain. On 15.03.2013, complainant again submitted a letter to opposite party no.3 to complete the development work and handover of the physical possession of the aforesaid plot. In response to her letter dated 15.03.2013, the opposite party no.3 has written a letter memo No.2023 dated 03.06.2013 vide which they stated that the development work has not been completed. Thereafter, complainant again submitted letters on 16.03.2015, 03.05.2017 & 06.02.2018 in the office of opposite party no.3 for the same purpose so that the complainant could construct her house and also requested to move the electricity wires, which have gone over the aforesaid plot but there was no response from the side of respondents. It is submitted that the opposite parties have not given physical possession to the complainant since 2005. In fact, she has purchased the said plot just to construct her house. It is submitted that in the year 2005, the prices of construction material i.e. bricks, cement, iron rods, sand etc. were very low comparative to the present time. In this way, the complainant suffered huge losses due to non-delivery of physical possession of said plot and non-completion of development work, hence, it is averred that there is deficiency in service on the part of the respondents. The complainant seeks directions against the respondents to complete all the development work within the area of plot and deliver the physical possession of the plot and in the alternate, if the physical possession of plot is not feasible, then any other plot of same situation in sector-13 or sector 23 be allotted to the complainant along with physical possession. The complainant also prays for compensation and litigation expenses with interest besides any other relief for which the complainant is found to be entitled, may also be granted.
2. Upon notice, initially on 30.04.2019 Shri Manoj Tanwar, Advocate appeared on behalf of OPs and filed memo of appearance. But later on, no one appeared on behalf of OPs and they were proceeded against ex parte vide order dated 14.10.2019 passed by this Forum (now Commission). During the pendency of the present complaint, an application for setting aside of exparte proceedings against the respondent and for joining the proceedings was filed by the counsel for respondent No. 3 on dated 22.11.2020 and the same was dismissed by this Commission on 22.11.2020.
3. The complainant in her evidence tendered affidavit Ex.CW1/A and documents Annexure-C1 to Annexure C13 and closed the evidence on behalf of complainant on dated 20.02.2020 and thereafter on 7.8.2020 by taking permission for additional evidence, tendered on record affidavit Ex. CW-1/B and documents Annexure C-1 to Annexure C-23 and closed the evidence.
4. We have heard the exparte arguments of learned counsel of complainant and gone through the entire evidence so placed on record by the complainant very carefully and minutely.
During the course of arguments, the counsel of complainant reiterated the contents of complaint filed by the complainant and drawn the attention of this Forum/Commission towards the documents so placed on record by her (complainant).
5. We have perused the documents placed on file very carefully and minutely. After hearing arguments and going through the entire case file and perusing the documents so placed on record very carefully and minutely, we have observed that in the present complaint, the contention of ld. Counsel for the complainant is that as per condition no.7 of the allotment letter, the possession of the plot was required to be offered to the allottee after completion of development work in the area. In the case of building or undeveloped land, the possession shall however be delivered within 90 days from the date of this letter. The plot was allotted to the first allottee in the year 1991 and as per re-allotment letter Annexure C2, the same was transferred in the name of complainant on 13.07.2005 but the physical possession of the aforesaid plot has not been delivered to the complainant till date. The contention of ld. Counsel for the complainant is that as per terms and conditions of the allotment letter, the possession of the plot was required to be offered to the allottee after completion of development work in the area. Complainant sent letter Ex.C6 which was received by the opposite party on dated 22.07.2005 and was replied by the opposite party vide letter Annexure C7, as per which it was admitted that there was no development work at the site, hence possession could not be given to the complainant. Thereafter complainant sent letters Annexure C8, Annexure C9 dated 15.03.2013, Annexure C11 dated 16.03.2015, Annexure C12 dated 03.05.2017, Annexure C13 dated 06.02.2018. But despite repeated requests through these letters, neither the development work has been completed in the area nor the physical possession of the plot has been given by the opposite parties to the complainant. It is further contended that complainant had purchased the said plot for construction of her house but due to non delivery of physical possession of the said plot for more than 15 years, the prices of construction material have gone up so high and the complainant has suffered huge losses.
7. After going through the file and hearing the parties it is observed that as per report made on letter Annexure C13, it is admitted by the opposite parties that there was stay on some land connected to the plot of the complainant and the construction work in the area is not completed till date, due to which possession could not be offered. It was well within the knowledge of the opposite parties that the construction could not be completed in the area due to some stay on the land but despite that opposite parties have lingered on the matter for 15 years and have not offered any alternate plot to the complainant, due to which complainant has suffered huge financial loss. On the other hand, opposite parties appeared but did not file any reply and were proceeded against exparte vide order dated 14.08.2019 of this Commission, which shows that they have nothing to say in the matter and all the allegations leveled by the complainant against the opposite parties stands proved. Hence there is deficiency in service on the part of opposite parties and opposite parties are liable to compensate the complainant. As per allotment letter Ex.C5, the total tentative price of the plot is Rs.176220/- and the same has already been deposited by the complainant.
8. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties No.1 to 3 (jointly and severally) to give the actual physical possession of the plot No.821-P Sector 23 HUDA, Bhiwani to the complainant within one month from the date of order and in case, the physical possession of alleged plot is not possible, then to give the physical possession of alternate plot of same size in the adjacent area/sector to the complainant. Opposite parties are further directed to pay interest @9% p.a. upon the amount deposited by the complainant i.e. Rs.176220/- from the date of re-allotment of plot i.e. 13.07.2005 till the actual physical possession of alternate plot. Opposite parties are further directed to pay a sum of Rs.20000/-(Rupees twenty thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision, failing which opposite parties shall be liable to pay interest @ 12% p.a. on the awarded amount from the date of decision.
9. Copy of this order be supplied to both the parties free of costs.
File be consigned to the record room after due compliance
Announced in open Commission
Dated: - 8.4.2021
(ShriniwasKhundia) (Nagender Singh)
Member President,
District Consumer Disputes
Redressal Commission, Bhiwani.
