DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.110 of 15
DATE OF INSTITUTION: - 10.04.2015
DATE OF ORDER: -16.03.2017
Vidya Devi aged 80 years widow of late Sh. Narain Singh, resident of House No. 266, Old H.B. Colony, Bhiwani.
……………Complainant.
VERSUS
- The Chief Administrator, HUDA Haryana, Panchkula.
- Estate Officer, HUDA, Bhiwani.
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Mrs. Sudesh, Member
Present:- Shri R.N. Soni, Advocate for complainant.
Shri Mukesh Jangra, Advocate for opposite parties.
ORDER:-
Rajesh Jindal, President:
Brief facts of the present complaint are that the complainant made requests 03.09.2010 and 20.10.2010 to the OP no. 2 with regard to her dues and outstanding amount of her plot but the OP no. 2 neither responded the requests nor disclosed the outstanding amount within prescribed time. It is alleged that the complainant served a notice to the Ops on 01.09.2013 with a request that the complainant is ready to pay the interest on delayed payments up to 31.12.2010 but the Ops did not accede the request. Thereafter, the OP no. 2 vide office memo No. 3038 dated 26.08.2013 informed the complainant that total outstanding amount is payable Rs. 54915/-. The complainant again served a legal notice 22.11.2913 to the Ops to refund all the excessive amount with interest to the complainant but to no avail. The complainant further alleged that due to the act and conduct of the OPs she has to suffer mental agony and harassment. Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint for seeking compensation.
2. On appearance, OPs filed written statement alleging therein that on receiving the application dated 20.10.2010 from the allottee/complainant, a report from J.E. of HUDA was sought and JE HUDA reported that prescribed time/period for depositing the BR-IV & V has been expired on 30.11.2009. It is submitted that the policy regarding the construction over the plot has now been changed, therefore, due were intimated to allottee/complainant vide office memo NO. 3038 dated 26.08.2013 as per new policy and accordingly the allottee/complainant deposited the same and no dues certificate was issued to her. Therefore, there is no deficiency in service on the part of OP. It is prayed that the complaint be dismissed with costs.
3. In order to make out his case, the complainant has placed on record documents Annexure C-1 to Annexure C-6 alongwith supporting affidavit.
4. In reply thereto, the counsel for opposite party has tendered into the evidence documents Annexure R-1 to Annexure R-22 alongwith supporting affidavit.
5. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
6. Learned counsel for the complainant reiterated the contents of the complaint. The counsel for the complainant in support of his contention referred the documents Annexure C-1 to C-6.
7. Learned counsel for OPs reiterated the contents of the reply. He submitted that the excess amount of Rs. 3099/- has been paid by the OPs and also given the no objection certificate to the complainant, in the proceedings before Haryana Right to Service Commission, Chandigarh. This fact is clearly mentioned in the order dated 15.02.2016 passed by Haryana Right to Service Commission, Chandigarh in complaint No. 2 of 2016, which is Annexure R-18. He further submitted that necessary permission for the transfer of the plot in question has also been issued to the complainant, which has been mentioned in the order dated 09.03.2016 Annexure R-17 passed by Haryana Right to Service Commission, Chandigarh in Complaint No. 2 of 2016. He submitted that the complaint of the complainant is false and baseless and complainant has no cause of action against the OPs and kindly be dismissed with heavy costs.
8. In the light of the pleadings and arguments of the parties, we have examined the relevant material on record. The grievances of the complainant has been redressed by the Ops. The counsel for the complainant submitted that the Ops are liable to pay compensation to him. Keeping in view the facts and circumstances of the case, we partly allow the complaint of the complainant and direct the Ops to pay interest at the rate of 9 per cent per annum from 06.09.2013 to 05.02.2016 on the amount of Rs. 3099/- which has already been refunded by the Ops to the complainant. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 16.03.2017. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Sudesh)
Member.
