BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.218 of 2015

Date of Instt. 21.05.2015

Date of Decision :16.05.2016

Nirmal Kaur wife of Karnail Singh R/o 392, Chhoti Baradari, Part-I, Jalandhar.

..........Complainant

Versus

1. Jalandhar Improvement Trust, Jalandhar through its Chairman.

2. The Executive Officer, Mr.Dayal Chand Garg, Jalandhar Improvement Trust, Jalandhar.

3. Anuj Rai dealing clerk, Jalandhar Improvement Trust, Jalandhar.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Sh.Parminder Sharma (Member)

Present: None for the complainant.

None for the opposite parties.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite parties on the averments that the OPs allotted flat No.43-A, First Floor, Rajiv Gandhi Vihar (Surya Enclave), Jalandhar to one Satjeet Singh son of Piara Singh vide allotment letter No.JIT5981/2401 dated 4.1.2005/ 13.7.2010. Complainant submitted that she has purchased this flat from original allottee Satjeet Singh vide agreement dated 16.3.2013. Thereafter, the parties applied for transfer of the aforesaid flat vide transfer application bearing No.3547 and deposited requisite fee Rs.32,750/- vide two demand drafts with the OPs, The complainant also deposited photography fee of Rs.350/- vide receipt dated 5.2.2014 with the OP but the OP did not transfer the flat in the name of the complainant. Complainant also sent reminder dated 4.2.2015 but OP did not transfer the aforesaid flat in the name of the complainant. On such averments, the complainant has prayed for compensation and litigation expenses.

2. Upon notice, OPs appeared through counsel and filed written reply pleading that complainant purchased this flat from original allottee Satjeet Singh and applied to the OP for transfer of the flat in the name of the complainant and deposited requisite fee with the OP. The said transfer application was duly processed and the same has been transferred in the name of the complainant. The OP has to complete the formalities and has to follow relevant procedure. OP alleged that the transfer deed regarding the flat in question between the parties i.e. original allottee and the complainant was registered on 6.2.2014. As such, it was not possible for the trust to transfer the flat prior to the execution of the transfer deed and whenever the OP received the transfer deed, they transferred the flat in question in the name of the complainant. OPs denied other material averments of the complainant.

3. In support of her complaint, learned counsel for the complainant has tendered into evidence affidavit of the complainant Ex.AW1/A alongwith copies of documents Ex.A1 to Ex.A10 and closed evidence.

4. On the other hand, learned counsel for the opposite parties has tendered affidavit Ex.OPA alongwith copy of document Ex.OPB 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 OP allotted flat No.43-A, First Floor, Rajiv Gandhi Vihar (Surya Enclave), Jalandhar to one Satjeet Singh son of Piara Singh vide allotment letter No.JIT5981/2401 dated 4.1.2005/ 13.7.2010. Complainant submitted that she has purchased this flat from original allottee Satjeet Singh vide agreement dated 16.3.2013, not produced on record by the parties. Thereafter, the parties applied for transfer of the aforesaid flat vide transfer application bearing No.3547 Ex.A8 and deposited requisite fee Rs.32,750/- vide two demand drafts Ex.A4 and Ex.A5 with the OPs, The complainant also deposited photography fee of Rs.350/- vide receipt dated 5.2.2014 Ex.A6 with the OP but the OP did not transfer the flat in the name of the complainant. Complainant also sent reminders dated 4.2.2015 but OP did not transfer the aforesaid flat in the name of the complainant. Complainant through this complaint submitted that all this amounts to deficiency in service on the part of the OPs qua the complainant.

7. Whereas the case of the OPs is that complainant purchased this flat from original allottee Satjeet Singh and applied to the OP for transfer of the flat in the name of the complainant and deposited requisite fee with the OP. The said transfer application was duly processed and the same has been transferred in the name of the complainant vide letter bearing No.JIT/1347-48 dated 25.6.2015 Ex.OPB. The OP has to complete the formalities and has to follow relevant procedure. OP alleged that the transfer deed regarding the flat in question between the parties i.e. original allottee and the complainant was registered on 6.2.2014. As such, it was not possible for the trust to transfer the flat prior to the execution of the transfer deed and whenever the OP received the transfer deed, they transferred the flat in question in the name of the complainant vide letter dated 25.6.2015 Ex.OPB. OPs through their written version submitted that there is no deficiency in service on the part of the OPs qua the complainant.

8. We have gone through the entire record produced by both the parties. Admittedly, flat in question was originally allotted to Satjeet Singh son of Piara Singh and the complainant purchased this flat from said original allottee Satjeet Singh as per agreement dated 16.3.2013 but that agreement has not been produced on record by the complainant. Thereafter, the complainant applied for transfer of flat in question in the name of the complainant vide application form Ex.A8 alongwith relevant documents i.e. self declaration and also deposited the requisite fee with the OP. The complainant also sent reminder dated 4.2.2015 Ex.A3 to the OP for the transfer of the flat in question in the name of the complainant. The OP has clearly mentioned in their written version that the transfer deed regarding the transfer of the flat in question from the name of original allottee Satjeet Singh to the name of complainant was registered on 6.2.2014, so, it was not possible for the trust to transfer the flat in the name of complainant prior to the execution of the transfer deed and whenever the OP received the complete documents, they transferred the flat in question in the name of the complainant vide letter No.JIT/1348 dated 25.6.2015 Ex.OPB. All this fully proves that the flat in question has already been transferred in the name of the complainant vide letter dated 25.6.2015 Ex.OPB. As such, now there is no grievance to the complainant against the OP, that is why the parties did not argue this case for the last five adjournments. Today also none appeared on behalf of the parties for arguments in this complaint may be because OP has already transferred the flat in question in the name of the complainant.

9. Resultantly, this case is decided on merits holding that now complainant has no grievance against the OP so the complaint is without merit and 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

16.05.2016 Member President