BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL COMMISSION, ROPAR
Consumer Complaint No. : 27 of 09.04.2021
Date of decision : 15.09.2022
Tarlochan Singh son of Sh. Gurbaksh Singh, resident of House No.1696/A, Near Lehri Shah Mandir, Rupnagar, Tehsil & District Rupnagar (Since deceased) through his LR Smt. Labh Kaur wife of Late Tarlochan Singh resident of House No.1696/A, Near Lehri Shah Mandir, Rupnagar, Tehsil & District Rupnagar
......Complainant
Versus
- Improvement Trust Rupnagar, Giani Zail Singh Nagar, Rupnagar, through its Chairman
- Improvement Trust, Rupnagar, Giani Zail Singh Nagar, Rupnagar, through its Executive Officer
...Opposite Parties
Complaint under Consumer Protection Act
QUORUM
SH. RANJIT SINGH, PRESIDENT
SMT. RANVIR KAUR, MEMBER
ARGUED BY
Sh. A.P.S Bawa, Adv. For complainant
Sh. Udhey Verma, Adv. counsel for O.Ps
ORDER
SH. RANJIT SINGH, PRESIDENT
The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant against the Opposite Parties on the ground that the letter memo No.2431 dated 31.12.2020 issued by the Ops to the complainant is illegal, null and void and having no authenticity in the eyes of law and the same letter is totally based on wrong facts. The copy of said letter dated 31.12.2020. The plot No.111 initially allotted by the Ops to Joginder Lal on 07.12.1990. Thereafter, the said plot was transferred in the name of the complainant by the Ops vide letter No.1141 dated 12.11.2012. After the allotment the complainant moved an application before the Ops for sanction site plan of the plot bearing No.111 situated in the area of Dashmesh Nagar, Rupnagar. After receiving the documents from the complainant, vide letter No.756 dated 18.06.1999 the Ops sanctioned the site plan of the complainant of the house No.111 situated in the area of Dashmesh agar, Bela Road Part I, Rupnagar. Thereafter, the complainant issued the form No.C (Rule 12) specification of the material to be used in the construction. The plot of the complainant is the corner plot situated in the area of Dashmesh Nagar, Rupnagar. The complainant completed the construction of his house No.111 before December 1999. Thereafter, the complainant applied for the electricity meter for his house to the PSPCL Department, on the request of the complainant the PSPCL department issued the electricity connection bearing No.HF52-2882 on 13.5.2001. Since then the complainant is residing in that very house without any interruption and this fact is in the knowledge of the Ops as well, as so many official the Ops visited the house of the complainant time to time. On 15.01.2000, the Ops has issued the letter to the complainant to stop the construction work at the site as per the next order of the Ops. It is further alleged that it is the duty of the Ops to develop that very colony and provided all basic amenities of the life to the allottees of the house situated in that very area, but till today the Ops have not constructed the burm of the road situated on the northern side of the house of the complainant which deficiency on the part of the Ops. When the complainant completed the construction work before December 1999 and the official of the Ops visited the house of the complainant came to know regarding the same, then why from 1999 to till 31.12.2020 the Ops keep mum and the Ops with malafide intention only to harass, harm and humiliate the complete issued the illegal letter dated 31.12.2020 wrongly which is not applicable on the complainant. The complainant many times asked the Ops to execute/registered the sale deed of the house/Plot .111 in this favour of the complainant and in this regard the Ops demanded so many documents from the complainant, which was provided by the complainant to the Ops, despite the best efforts of the complainant, Ops has not bother the same and has liner on the matter on one pretext or the other. The Ops flatly refused to execute/registered the sale deed of plot/house No.111 situated at Dashmesh Nagar, Rupnagar in favour of the complainant and to withdraw the letter dated 31.12.2020. Thus, alleging deficiency in service, the complainant sought the following relief against the Ops:-
- To withdraw the letter memo No.2431 dated 31.12.2020 qua to plot/house No.111, Dashmesh Nagar, Rupnagar vide which Ops imposed the fine of Rs.3,21,840/- due to the non construction fee of the plot and further directions be issued to the Ops to not recover the fine of Rs.3,21,840/- from the complainant wrongly and illegally.
- Any other relief which this Hon’ble Court may deem fit may also be granted, in the interest of justice.
2. In reply, the Ops No.1 & 2 has filed written reply taking preliminary objections; that the complaint is not maintainable; that the complainant has no locus standi to file the present complaint; that the complainant has not come to the court with clean hands; that the complainant has no cause of action to file the present complaint; that the complainant has not served the notice under section 98 of the Punjab Town Improvement Trust Act 1922, which is mandatory before filing the suit. On merits, it is stated that the letter No.2431 dated 31.12.2020 has been rightly issued by the Ops to the complainant as per the Government Instructions, the allottee has to construct the building on the plot within three years as per allotment letter and ha to take electricity connection, water and sewerage connection but the allottee has failed to do so, he is liable to pay non construction fee as per Government Instruction. As per record, the plot in question was allotted to Joginder Lal on30.11.1989 as per record and then transferred to Tarlochan Singh vide transfer letter No.1141dated 12.11.1992.The construction is not completed as per the Government Instructions on December 1999. As per instructions allottee has to submit the completion plan after construction and get electricity water supply/sewerage connection, but in this he has failed to do so. When the site plan was passed by Trust, it was specifically mentioned at condition No.4 that allottee will submit completion plan after construction in this case, no completion plan has been passed in this case. The Trust issued various letters to the complainant in which the trust has demanded balance of non construction fee and enhancement amount, but the complainant never bothered to deposit the same. It was clearly mentioned that if he does not pay the balance dues, there will be no transfer of the plot, registry NOC will not be issued but the complainant did not bother. Letter dated 31.12.2020 was rightly issued as complainant failed to complete the constructions as per Government Instructions. Thus, alleging no deficiency in service on the part of answering Ops and prayed for dismissal the complaint.
3. The learned counsel for the parties have tendered certain documents in support of their version and closed the evidence.
4. We have heard the learned counsel for the contesting parties and have gone through the record file, carefully and minutely.
5. The complainant is the legal heir of her husband Tarlochan Singh. In support of his version, the learned counsel for the complainant has placed on record site plan approved by the MC, Ropar, as Ex.C4. He also placed on record the water, sewerage and electricity bills. The complainant has written a letter dated 04.01.2021, to the OP but the OP has not given any reply of that letter. The complainant paid property tax of the plot in question to the MC Ropar. The complainant has placed on record the document Ex.C7, vide which the OP directed the complainant that the ongoing construction on the plot should be stopped until further orders. But in the year 2020, the OP issued letter to the complainant with direction that as per notification No.5/91/2014(29)-3LG2/1200 dated 22.10.2020 that draft of principal amount of Rs.3,21,840/- of Non-Construction Fee from 2000 to 2016 immediately at Trust Office whereas the OP itself stopped the complainant for construction on the plot.
6. In view of our above discussion, the complaint stands allowed partly. We feel that the complainant is not entitled to pay Rs.3,21,840/- as non construction fee to the OP. Therefore, the letter dated 2431 dated 31.12.2020 qua to plot/house No.111, Dashmesh Nagar, Rupnagar, is set aside. The complainant is also entitled a consolidated amount of Rs.15,000/- as compensatpion and litigation expenses. Free certified copies of this order be sent to the parties, as per rules. The files be consigned to record room.
ANNOUNCED (RANJIT SINGH)
Dated.15.09.2022 PRESIDENT
(RANVIR KAUR)
MEMBER
