BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.346 of 2015
Date of Instt. 18.08.2015
Date of Decision :01.08.2016
Ashwani Sayal R/o Kothi No.504, Urban Estate, Phagwara.
..........Complainant
Versus
Jalandhar Improvement Trust, Jalandhar.
.........Opposite party
Complaint Under the Consumer Protection Act.
Before: S. Bhupinder Singh (President)
Sh.Parminder Sharma (Member)
Present: Complainant in person.
Sh.Sachin Sharda Adv., counsel for the OP.
Order
Bhupinder Singh (President)
1. The complainant has filed the present complaint under the Consumer Protection Act against the opposite party (hereinafter called as OP), on the averments that the State Government through publication in The Sunday Tribune 2.7.2015 launched a scheme of promising chance to get first conveyance deed at allotment rates by getting conveyancing of their properties registered by 30.8.2015. The complainant sent representation on 17.7.2015 to the OP with request for “No Due Certificate” for getting conveyance deed of his plot executed within period of three weeks from the date of receipt of the representation to get the conveyance deed executed and registered at the allotment price. After waiting period of 20 days, the complainant dispatched reminders dated 6.8.2015 requested the OP to provide the details regarding the dues paid by the complainant maximum within a week failing which the complainant shall be able to take legal reports. Complainant also submitted second reminder dated 7.8.2015. Complainant also met the Chairman of the OP and apprized him of the status of this case through representation but even then OP did not provide details of due payments to be paid by complainant to the OP. So, complainant issued 3rd reminder dated 12.8.2015. Complainant issued reminder number of three times by hand to the Chairman and the executive officer of the Ops. Thereby, complainant made five written submission on 12.8.2015 to the OP and its officers. Even the site plan was also not made available to the complainant which must have been delivered years ago alongwith issuing of the allotment letter or at the time of sale agreement. Complainant further submitted that earlier also complainant had to file complaints against the OP and get the order implemented through execution. Through this complaint, complainant requested that the Ops to give notice to provide details of payment due payable by the complainant to the OP regarding plot in question within a period of one week so that the complainant would be able to get “No Due Certificate”, to get the sale deed executed and registered within the scheme of the Government, the dead end of which is 30.8.2015 by not providing the details of the complainant despite letters written by complainant and reminders sent to the OP through speed post and by hand and after even visiting the office personally by the complainant. On such averments, the complainant has prayed for compensation.
2. Upon notice, OP appeared through counsel and filed written reply pleading that complainant has not approached this forum with clean hands. He has not disclosed to this Forum the fact of non depositing of non construction charges due to which “No Due Certificate” could not be issued to the complainant. The OP submitted that due to announcement made by Hon'ble Chief Minister of Punjab regarding registration of conveyance deed at allotment letter, number of applications were entertained by the OP after complying with the formalities requisite for the purpose. Complainant failed to comply with the formalities requisite for getting registration at allotment rate and remained adamant in his behaviour to get the registration out of order without complying with the procedure. “No Due Certificate” is required for getting sale deed registered initially. The complainant deposited the non construction charges after issuance of notice by the OP due to which “No Due Certificate” could not be issued to the complainant. After, the complainant deposited the non construction charges, “No Due Certificate” was issued to the complainant. The OP submitted that the complainant himself being defaulter, is not entitled to any relief from this Forum. As per the scheme, the complainant has already availed the requisite benefit and that to before the last date of getting the registration of his property on allotment rates before the stipulated date i.e. 30.8.2015. OP further submitted that due to number of applications for getting the sale deed registered before the stipulated dated 30.8.2015, all his to be entertained and the complainant without complying with the procedure wanted to get disposed of his application/representation out of order by putting pressure on the OP by filing reminders one after the other even after one or two days. However, the complainant has not disclosed the fact that due to non depositing of non construction charges by the complainant, “No Due Certificate” could not be issued to him. Later on, a notice of this fact was also issued to the complainant by the OP and then the complainant asked for details of payments due payable by the complainant to the OP. The details of payment due payable by the complainant included non construction charges were provided to the complainant and then the complainant deposited the amount and that to through cheques which were encashed by the OP and then “No Due Certificate” was issued to the complainant as per rules. OP submitted that letter No.JIT/2021 dated 13.8.2016 asking the complainant to deposit non construction/non fixation charges and then the complainant asked for details which were provided to the complainant and he deposited the amount due payable by the complainant to the OP. Thereafter, “No Due Certificate” and site plan of his plot were issued to the complainant without wasting any day/time. Complainant deposited amount of non construction charges on 19.8.2015 through cheques at about 4.30PM/5.00PM which were got encashed on 20.8.2015 and then “No Due Certificate” was issued. Site plan was duly prepared and after preparation of the site plan, sale deed was duly executed and registered in the name of the complainant at allotment rate as per scheme of the government. OP denied other material averments of the complainant.
3. In support of his complaint, complainant has tendered into evidence affidavit Ex.CA along with documents Ex.CA-1 to Ex.CA-4, Ex.CA-5(a) to Ex.CA-5(e), Ex.CA-6, Ex.CA-7(a) to Ex.CA-7(d), Ex.CA-8(a) to Ex.CA-8(d), Ex.CA-9, Ex.CA-10(a) to Ex.CA-10(d), Ex.CA-11(a) & Ex.CA-(b), Ex.CA-12(a) & Ex.CA12(b), Ex.CA-13(a) & Ex.CA-13(b), Ex.CA-14(a) & Ex.CA-14(b), Ex.CA-15(a) & Ex.CA-15(b), Ex.CA-16(a) & Ex.CA-16(b), Ex.CA-17 & Ex.CA-18 and closed evidence.
4. On the other hand, learned counsel for opposite party has tendered into evidence affidavit Ex.OPA alongwith copies of documents Ex.OP1 to Ex.OP3 and closed evidence.
5. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.
6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that the State Government through publication in the Sunday Tribune 2.7.2015 launched a scheme of promising chance to get first conveyance deed at allotment rates by getting conveyancing of their properties registered by 30.8.2015. The complainant sent representation on 17.7.2015 Ex.CA5(A) to the OP with request for “No Due Certificate” for getting conveyance deed of his plot executed within period of three weeks from the date of receipt of the representation to get the conveyance deed executed and registered at the allotment price. After waiting period of 20 days, the complainant dispatched reminders dated 6.8.2015 Ex.CA7(A) requesting the OP to provide the details regarding the dues paid by the complainant maximum within a week failing which the complainant shall be able to take legal reports. Complainant also submitted second reminder dated 7.8.2015(i.e on the next day) Ex.CA8(A). Complainant also met the Chairman of the OP and apprized him of the status of his case through representation Ex.CA9 but even then OP did not provide details of due payments to be paid by complainant to the OP. So, complainant issued 3rd reminder dated 12.8.2015 Ex.CA10(A), pages of which are Ex.CA10(A) to Ex.CA10(D). Complainant issued reminder number of three times by hand to the Chairman and the executive officer of the Ops, copies of which are Ex.CA11(A), Ex.CA11(B), Ex.CA12(A), Ex.CA12(B), Ex.CA13(A), Ex.CA13(B), Ex.CA14(A), Ex.CA14(B). Thereby, complainant made five written submission on 12.8.2015 to the OP and its officers. Even the site plan was also not made available to the complainant which must have been delivered years ago alongwith issuing of the allotment letter or at the time of sale agreement. Complainant further submitted that earlier also complainant had to file complaints against the OP and get the order implemented through execution. Through this complaint, complainant requested that the Ops to give notice to provide details of payment due payable by the complainant to the OP regarding the plot in question within a period of one week. So that the complainant would be able to get “No Due Certificate”, get the sale deed executed and registered within the scheme of the Government, the dead end of which is 30.8.2015 by not providing the details of the complainant despite letters written by complainant and reminders sent to the OP through speed post and by hand and after even visiting the office personally by the complainant. The complainants submitted that all this amounts to deficiency of service on the par of the OP qua the complainant.
7. Whereas the case of the OP is that complainant has not approached this forum with clean hands. He has not disclosed to this Forum the fact of non depositing of non construction charges due to which “No Due Certificate” could not be issued to the complainant. The OP submitted that due to announcement made by Hon'ble Chief Minister of Punjab regarding registration of conveyance deed at allotment letter, number of applications were entertained by the OP after complying with the formalities requisite for the purpose. Complainant failed to comply with the formalities requisite for getting registration at allotment rate and remained adamant in his behaviour to get the registration out of order without complying with the procedure. “No Due Certificate” is required for getting sale deed registered initially. The complainant deposited the non construction charges after issuance of notice by the OP due to which “No Due Certificate” could not be issued to the complainant. After, the complainant deposited the non construction charges, “No Due Certificate” was issued to the complainant. The OP submitted that the complainant himself being defaulter, is not entitled to any relief from this Forum. As per the scheme, the complainant has already availed the requisite benefit and that to before the last date of getting the registration of his property on allotment rates before the stipulated date i.e. 30.8.2015. OP further submitted that due to number of applications for getting the sale deed registered before stipulated dated 30.8.2015, all his to be entertained and the complainant without complying with the procedure wanted to get disposed of his application/representation out of order by putting pressure on the OP by filing reminders one after the other even after one or two days. However, the complainant has not disclosed the fact that due to non depositing of non construction charges by the complainant, “No Due Certificate” could not be issued to him. Later on, a notice of this fact was also issued to the complainant by the OP and then complainant asked for details of payments due payable by the complainant to the OP. The details of payment due payable by the complainant included non construction charges were provided to the complainant and then the complainant deposited the amount and that to through cheques which were encashed by the OP and then “No Due Certificate” was issued to the complainant as per rules. OP submitted that letter No.JIT/2021 dated 13.8.2016 asking the complainant to deposit non construction/non fixation charges and then the complainant asked for details which were provided to the complainant and he deposited the amount due payable by the complainant to the OP. Thereafter, “No Due Certificate” and site plan of his plot were issued to the complainant without wasting any day/time. Complainant deposited amount of non construction charges on 19.8.2015 through cheques at about 4.30PM/5.00PM which were got encashed on 20.8.2015 and then “No Due Certificate” was issued. Site plan was duly prepared and after preparation of the site plan, sale deed was duly executed and registered in the name of the complainant at allotment rate as per scheme of the government.
8. From the entire above discussion, we have come to the conclusion that the Government of Punjab, Revenue Department pronounced scheme regarding registration of conveyance deed at allotment rate before 30.8.2015. Resultantly, complainant sent letter dated 17.7.2015 Ex.CA5(A) asking the OP to issue “No Due Certificate” regarding his plot, so that he could be able to get conveyance deed of his plot executed and registered by availing the benefit of State Government in aforesaid scheme before 30.8.2015. Then the OP issued letter to the complainant to deposit the amount due i.e. non construction and other charges payable by the complainant to the OP without which “No Due Certificate” can not be issued. OP informed to the complainant that a sum of Rs.2,61,563/- is due payable by the complainant to the OP as non construction charges and the enhanced price of the plot in question as shown in the office note Ex.OP1. Complainant deposited the said amount due payable by the complainant to the OP regarding the plot in question through cheque which was handed over by the complainant to the OP authorities on 19.8.2015 between 4.30 PM to 5.00 PM so, the same could not be got encashed on 19.8.2015. Resultantly, the OP got the said cheque encashed on 20.8.2015 and the OP issued receipt to the complainant on 20.8.2015 as admitted by the complainant himself and as is evident from office note Ex.OP1. Complainant deposited fee of “No Due Certificate” Rs.500/-. Thereafter, no objection certificate was issued in favour of the complainant. Complainant also deposited misc. charges for registration of sale deed on 28.8.2015 to the tune of Rs.2000/-. Resultantly, the conveyance deed was executed and registered on the same day i.e. 28.8.2015. The conveyance deed in favour of complainant was executed before the stipulated date of scheme ending on 30.8.2015 to get the conveyance deed registered at allotment price. So in this case, conveyance deed of the plot of the complainant was got executed and registered by the OP in favour of the complainant well before the date of ending of the scheme for registration of conveyance deed on the basis of allotment price i.e. 30.8.2015 and the conveyance deed of the plot of the complainant was executed and registered in favour of the complainant on 28.8.2015 i.e. two days prior to the ending of the scheme on 30.8.2015.
9. Complainant submitted that he applied for getting “No Due Certificate” for getting conveyance deed executed and registered by the OP on 17.7.2015 but the OP did not issue “No Due Certificate” till 20.8.2015. Rather, they told the complainant to deposit the non construction charges and the enhanced price of the plot of the complainant only on 19.8.2015 i.e. after a lapse of a period of more than one month and that too after issuance of so many reminders by the complainant. Whereas, learned counsel for the OP submitted that due to pronouncement of the aforesaid scheme, the OP received numerous i.e. bulk of representations and all have to be entertained and their dues are to be collected ascertained and were to be informed to the allotees/applicants for which the entire record has to be checked/ verified. So, it took time to inform the complainant as to how much amount was due payable by the complainant to the OP regarding the plot in question. Thereafter, the complainant deposited Rs.2,61,563/- with the OP on 19.8.2015 through cheque regarding which the receipt was issued to the complainant on 20.8.2015 after getting the cheque encashed and after depositing of misc charges for the execution and registration of the conveyance deed by the complainant on 28.8.2015, the conveyance deed was executed and registered in favour of the complainant. So, there is no delay on the part of the OP.
10. Here, we do agree with the contention of learned counsel for the OP because due to receipt of numerous applications after announcement of the aforesaid scheme, the OP had to inform all the applicants as to how much amount is due payable by them to the OP regarding their respective plots/properties and complainant was not the only one person whose case was to be dealt with by OP. The OP has to verify and look into the record of the complainant, the amount paid by the complainant regarding the plot in question and what was the amount due payable by the complainant to the OP and the complainant was not the only applicant, whereas the OP has to deal with numerous such cases of other applicants/allotees. The case of the complainant has been dealt with properly without delay by the OP. However, the complainant was also a defaulter in not making the payment of non construction charges as well as enhanced price of the plot of the complainant, to the OP and the complainant deposited the same to the tune of Rs.2,61,563/- with the OP on 19.8.2015 through cheque regarding which receipt was issued by the OP to the complainant on 20.8.2015 and thereafter the OP collected the relevant record, papers i.e. stamp papers and after getting misc charges from the complainant for execution and registration of the conveyance deed to the tune of Rs.2000/-, the conveyance deed regarding the plot of the complainant, in favour of the complainant was executed and got registered by the OP on 28.8.2015 i.e. well before the ending of the scheme on 30.8.2015. So no prejudice or financial loss has been caused to the complainant regarding execution and registration of the conveyance deed of the plot of the complainant. As such, we do not find any deficiency of service on the part of the OP qua the complainant.
11. The complainant has also lodged allegations against the staff and officers of the OP regarding ill will, malice, vendetta, etc etc but the complainant could not produce any evidence regarding any malice or malafide intention on the part of any official of the OP to delay the case of the complainant nor the complainant has produced any evidence to prove any malafide intention or vendetta of any of the officials of the OP against the complainant.
12. Resultantly, we hold that the present complaint is without merit and the same is hereby dismissed with no order as to cost. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.
Dated Parminder Sharma Bhupinder Singh
01.08.02016 Member President
