Before the District Consumer Disputes Redressal Forum, Room No. 208 2^nd Floor, District Administrative Complex, Tarn Taran

Consumer Complaint No  : 71 of 2018

Date of Institution               : 04.07.2018

Date of Decision                : 21.08.2019

Bahadur Singh aged about 58 years son of Piara Singh resident of Bhel Plot No. 243 Phase -1 Goindwal Sahib Tehsil Khadur Sahib District Tarn Taran.

                                                          ...Complainant

Versus

M.D. Punjab Small Industries & Export Corporation Limited (PSIEC) Udyog Bhawan Sector 17-A, Chandigarh.

…Opposite Party. 

Complaint Under Section 11, 12 and 13 of the Consumer Protection Act, 1986.

Quorum:                Sh. Charanjit Singh, President

Smt. Jaswinder Kaur, Member

For Complainant                       Sh. Om Parkash Advocate

For Opposite Party                             Sh. K.K. Dwivedi Advocate

ORDERS:

Charanjit Singh, President;

1        The complainant Bahadur Singh has filed the present complaint under Section 11, 12 and 13 of the Consumer Protection Act (herein after called as 'the Act') against M.D. Punjab Small Industries & Export Corporation Limited (PSIEC) Udyog Bhawan Sector 17-A, Chandigarh (Opposite Party) on the allegations of deficiency in service and negligence in service on the part of opposite party with prayer to direct the opposite party to issue ‘No Due Certificate’ regarding the plot/ house No. 243 to the complainant and to pay amount of Rs. 1,00,000/- and to pay Rs. 50,000/- as litigation counsel fee.

2        The case of the complainant in brief is that complainant has been allotted one residential plot No.243 Phase-I on contained an area of 200 sq. yard situated at Goindwal Sahib by Goindwal Industrial and Investment Corporation of Punjab Limited, Chandigarh through lease deed dated 28.04.1988 registered in the office of Sub Registrar Khadur Sahib for a consideration of payment of Rs.1999.80/- (being 15% of the amount of premium) paid by lessee and undertake to pay the balance 85% either in lump sum within 60 days from the date of the allotment without interest or on twelve half yearly equated installments, alongwith interest at the rate of Rs.12% P.A. for 99 years. After that, the complainant has deposited Rs.1,000/- on 1.3.1988 as token money to the department of the Opposite party as directed by the opposite party. Possession certificate regarding this plot has been issued by the opposite party on 25.4.1988 and the same was received and complainant is in possession of the above said plot since then. Goindwal Industrial and Investment Corporation of Punjab Limited, Chandigarh now merged with small Industries & Export Corporation Limited, (PSIEC) Udyog Bhawan Sector 17-A Chandigarh and all power are vested by the department of the opposite party and day to day correspondence with the complaint is doing by the opposite party.  After allotment of the above said plot to the complainant installments schedule regarding the plot was issued by the opposite party at the time of lease deed. As per installment schedule prescribed by opposite party, the complainant has paid 9 installments to the opposite party. The complainant received a notice dated 2.3.1993 from Chief Engineer, Goindwal Industrial & Investment Corporation of Punjab Ltd. Chandigarh alleging that an amount of Rs.4,733/- is due against complainant including enhancement toward the plot of the complainant. After deducting the subsidy amount of Rs.3,332/-out of Rs.4,733/- , the complainant was advised to deposit Rs. 1,403/- with the opposite party and after that, the complainant would be eligible to get subsidy from the opposite party. The complainant has deposited the said amount of Rs.1,400/- vide receipt No.7631 date 21.8.1993 vide demand draft. The complainant also received another notice dated 25.8.1993 that balance amount of Rs.385/- of this plot is due against the complainant and the same was deposited in favour of Goindwal Industrial & Investment Corp. Of Punjab Ltd. Chandigarh Vide receipt No.7691 by cash on 19.10.1993 by the complainant. The complainant also received notice dated 16.11.1993 from the opposite party about the subsidy on construction of house at residential plot No.243 and the same has been adjusted against the balance three installment i.e. 10^th , 11^th and 12^th including enhancement. A notice dated 21.5.2015 for an amount of Rs.17,273/- received by the complainant about the enhancement amount of the said plot and the same be paid by two installment i.e. 1^st installment is Rs.8,637/- due date 30.6.2015 and 2^nd Installment is Rs. 8,637/- and due date is 30.6.2016. The said amount of Rs. 16,673/- has also been paid by the complainant by demand draft on dated 15.6.2015 to the opposite party. In this regard a Notice dated 10.6.2015 also sent to the opposite party that the said amount has paid by demand draft by the complainant and nothing remain balance against the complainant and a hand written letter by the complainant were also sent to the office of the opposite party to demand the ‘No Due Certificate’ on the basis of no due against the complainant because full and final payment has already been paid by the complainant to the opposite party. After that no dealing/letter between the parties took place against the said plot and full and final payment has been paid by the complainant to the opposite party and nothing remains against the complainant. The complainant wrote a letter on 13.12.2016 to the opposite party that the complainant built his house and he is residing in the said house alongwith family and be issued ‘No Due Certificate’ regarding the said plot/house. The complainant utter surprised to receive a registered letter No.7623 that he should deposit an amount of Rs.29,088/- whereas no due against the complainant and full and final payment has already been paid. The complainant after paying the full amount demanded the NOC from the Opposite party but the opposite party without any rhyme and reason harassed the complainant and has not issued NOC of the said Plot/ house. The opposite party also sent another notice dated 26.12.2016 about the illegal amount of Rs.36,174/- which is against law and the complainant paid full and final payment of the plot/house and issued NOC regarding the said plot/ house. The complainant also received another registered notice dated 18.1.2018 about all illegal amount of Rs.42,553/- which is against rules and no due amount against the complainant as per Registered letter No.3383 dated 21.05.2015 only an amount of Rs. 17,273/- which was paid by the complainant and thereafter no amount due against the complainant regarding the said plot/house. The complainant complied all the letters issued by the opposite party and as per installment schedule, the complainant paid full and final payment in 1994 and all the amount has been cleared by the complainant and no amount is due against the complainant of the opposite party. No dealing between the parties from 16.11.1993 to April 2015 regarding the payment of said plot was took place till today. The complainant many times requested the opposite party to issue the Clearance Certificate (NOC) but the opposite party did no listen the request and refused to accept the genuine request of the complainant and denied to issue the NOC regarding the plot/house bearing No.243. The complainant also issued a legal notice dated 9.5.2018 to the opposite party requesting to issue the NOC regarding the above said plot but no reply received by the complainant and his counsel till today. From the above said facts, it is crystal clear that the opposite party is guilty of fault, imperfection, short coming and inadequacy in the quality. Feeling dissatisfied by the act and conduct of the opposite party, the complainant perforce has filed this complaint against the opposite party.  Alongwith the complaint, the complainant has placed on record his affidavit Ex-C-1, possession letter Ex.C-2, lease deed Ex. C-3, installments schedule Ex. C-4, receipt dated 1.3.1988 for Rs. 1,000/- Ex. C-5, receipt dated 23.9.1988 for Rs. 1,625/- Ex.C-6, Receipt dated 10.3.1989 for Rs. 1,568/- Ex. C-7, receipt dated 7.9.1989 for Rs. 1,511/- Ex. C-8,  receipt dated 14.3.1990 for Rs. 1,455/- Ex. C-9,  receipt dated 11.9.1990 for Rs. 1,398/- Ex. C-10, receipt dated 11.4.1991 for Rs. 1,341/- Ex. C-11, Receipt dated 16.9.1991 for Rs. 1,285/- Ex. C-12, Receipt dated 26.2.1992 for Rs. 1,228/- Ex. C-13, Receipt dated 1.9.1992 for Rs. 1,171/- Ex. C14, letter dated 2.3.1993 Ex. C-15, receipt dated 23.8.1993 for Rs. 1,400/- Ex. C-16,  letter dated 25.8.1993 Ex. C-17, Receipt dated 19.11.1993 Ex. C-18, letter dated 16.11.1993 Ex. C-19, Notice dated 21.5.2015 Ex. C-20, letter dated 10.6.2015 Ex. C-21, receipt dated 15.6.2015 for Rs. 16,673/- Ex. C-22, letter by complainant Ex. C-23, letter dated 27.7.2015 Ex. C-24, letter dated 26.12.2016 Ex. C-25, letter dated 18.1.2018 Ex. C-26, legal notice dated 9.5.2018 Ex. C-27, receipt of post office Ex. C-28.

3        After formal admission of the complaint, notice was issued to Opposite Party and Opposite Party appeared through counsel and filed written version taking the preliminary objections that the instant complaint under section 11 to 13 of CPA 1986 is not maintainable in the eyes of law. The same has been filed by the complainant with mala-fide intention to harass the opposite party. The instant complaint filed by the complainant is merely an abuse of process of law. The instant complaint filed by the complainant Namely Bahadur Singh is liable to be dismissed. The complainant is estopped from filing the above titled complaint and from his own act and conduct. The complainant is trying to take undue advantage of his own wrong as he has failed to comply with the terms and conditions of the allotment. The complainant has miserable and intentionally not complied with the terms and conditions of the allotment. He has not deposited the requisite required amount with the opposite party. The legal notices so served by the complainant upon the opposite party are illegal and are not binding upon the opposite party. Although, the opposite party had made the reply of those legal notices so served by the complainant upon the opposite party through their respective counsels. On merits, it was pleaded that the residential plot bearing number 243 measuring 200 sq yard situated in the area of Industrial Complex Goindwal Sahib was allotted to the complainant for the period of 99 years lease hold basis at the rate of Rs.66.66 per sq yard with certain terms and conditions contained in the original lease deed/allotment letter. The complainant at the time of original allotment letter and lease deed has admitted all the terms and conditions so imposed and contained in the lease deed. The terms and conditions qua the depositing of the amount have not been complied by the complainant as is evident from the record so produced by the complainant alongwith the complaint before this Forum. It is a matter of record so produced by the complainant in Ex.C-4, the terms and conditions qua the depositing of the amount have duly been detailed in the said documents bearing serial number 1 to 12 and also the respective dates of the payment of the installment are also there but after making the scrutiny of the receipts so produced by the complainant alongwith the original complaint make it very clear that all the installments have not been paid by the complainant well within time. The complainant has miserably failed to comply with the schedule so settled by the opposite party regarding the plot in question. The judicial court has enhanced the compensation of the land during 1992. Accordingly, a letter dated 19.8.1992 was issued to the complainant to the complainant to deposit the enhanced compensation of the land amounting to Rs. 1,556/- within 30 days from the issue of the notice, failing which a penal interest at the rate of  4% in addition to normal interest shall be charged but the complainant has failed to deposit the enhanced cost. The complainant has miserably failed to deposit the 12^th installment of the plot in question alongwith interest as such, the NOC could not be issued. The opposite party vide letter dated 27.7.2015 has intimated/ requested the complainant to deposit the outstanding amount due Rs. 29,088/- towards the balance costs of plot alongwith the interest but the complainant has failed to deposit the requisite required amount. The opposite party has denied the other contents of the complaint and prayer was made for dismissal of the complaint.  

4        The complainant has filed rejoinder and controverted the stand taken by the opposite party in the written version and reiterated the stand as taken in the complaint.

5        We have heard the complainant and Ld. counsel for the opposite party and have gone through the documents placed on the file by the parties.

6        The complainant contended that he has been allotted one residential plot No.243 Phase-I on contained an area of 200 sq. yard situated at Goindwal Sahib by Goindwal Industrial and Investment Corporation of Punjab Limited, Chandigarh through lease deed dated 28.04.1988 registered in the office of Sub Registrar Khadur Sahib for a consideration of payment of Rs.1999.80/- (being 15% of the amount of premium) paid by lessee and undertake to pay the balance 85% either in lump sum within 60 days from the date of the allotment without interest or on twelve Half yearly equated installments, alongwith interest at the rate of Rs.12% P.A. for 99 years. He further contended that after that, the complainant has deposited Rs.1,000/- on 1.3.1988 as token money to the department of the Opposite party as directed by the opposite party. Possession certificate regarding this plot has been issued by the opposite party on 25.4.1988 and the same was received and complainant is in possession of the above said plot since then. Goindwal Industrial and Investment Corporation of Punjab Limited, Chandigarh now merged with small Industries & Export Corporation Limited, (PSIEC) Udyog Bhawan Sector 17-A Chandigarh and all power are vested by the department of the opposite party and day to day correspondence with the complaint is doing by the opposite party.  After allotment of the above said plot to the complainant installments schedule regarding the plot was issued by the opposite party at the time of lease deed. He further contended that as per installment schedule prescribed by opposite party, the complainant has paid 9 installments to the opposite party. The complainant received a notice dated 2.3.1993 from Chief Engineer, Goindwal Industrial & Investment Corporation of Punjab Ltd. Chandigarh alleging that an amount of Rs.4,733/- is due against complainant including enhancement toward the plot of the complainant. He further contended that after deducting the subsidy amount of Rs.3,332/-out of Rs.4,733/- , the complainant was advised to deposit Rs. 1,403/- with the opposite party and after that, the complainant would be eligible to get subsidy from the opposite party. The complainant has deposited the said amount of Rs.1,400/- vide receipt No.7631 date 21.8.1993 vide demand draft. The complainant also received another notice dated 25.8.1993 that balance amount of Rs.385/- of this plot is due against the complainant and the same was deposited in favour of Goindwal Industrial & Investment Corp. Of Punjab Ltd. Chandigarh Vide receipt No.7691 by cash on 19.10.1993 by the complainant. He further contended that the complainant also received notice dated 16.11.1993 from the opposite party about the subsidy on construction of house at residential plot No.243 and the same has been adjusted against the balance three installment i.e. 10^th , 11^th and 12^th including enhancement. He further contended that a notice dated 21.5.2015 for an amount of Rs.17,273/- received by the complainant about the enhancement amount of the said plot and the same be paid by two installment i.e. 1^st installment is Rs.8,637/- due date 30.6.2015 and 2^nd Installment is Rs. 8,637/- and due date is 30.6.2016. He further contended that the said amount of Rs. 16,673/- has also been paid by the complainant by demand draft on dated 15.6.2015 to the opposite party. In this regard a Notice dated 10.6.2015 also sent to the opposite party that the said amount has paid by demand draft by the complainant and nothing remain balance against the complainant and a hand written letter by the complainant were also sent to the office of the opposite party to demand the ‘No Due Certificate’ on the basis of no due against the complainant because full and final payment has already been paid by the complainant to the opposite party. He further contended that after that no dealing/letter between the parties took place against the said plot and full and final payment has been paid by the complainant to the opposite party and nothing remains against the complainant. The complainant wrote a letter on 13.12.2016 to the opposite party that the complainant built his house and he is residing in the said house alongwith family and be issued ‘No Due Certificate’ regarding the said plot/house. The complainant utter surprised to receive a registered letter No.7623 that he should deposit an amount of Rs.29,088/- whereas no due against the complainant and full and final payment has already been paid. The complainant after paying the full amount demanded the NOC from the Opposite party but the opposite party without any rhyme and reason harassed the complainant and has not issued NOC of the said Plot/ house. He further contended that the opposite party also sent another notice dated 26.12.2016 about the illegal amount of Rs.36,174/- which is against law and the complainant paid full and final payment of the plot/house and issued NOC regarding the said plot/ house. The complainant also received another registered notice dated 18.1.2018 about all illegal amount of Rs.42,553/- which is against rules and no due amount against the complainant as per Registered letter No.3383 dated 21.05.2015 only an amount of Rs. 17,273/- which was paid by the complainant and thereafter no amount due against the complainant regarding the due against the complainant regarding the said plot/house. The complainant complied all the letters issued by the opposite party and as per installment schedule, the complainant paid full and final payment in 1994. He further contended that all the amount has been cleared by the complainant and no amount is due against the complainant of the opposite party. No dealing between the parties from 16.11.1993 to April 2015 regarding the payment of said plot was took place till today. The complainant so many times requested the opposite party to issue the Clearance Certificate (NOC) but the opposite party did no hear the request of complainant and refused to accept the genuine request of the complainant and denied to issue the NOC regarding the plot/house bearing No.243. The complainant also issued a legal notice dated 9.5.2018 to the opposite party requesting to issue the NOC regarding the above said plot but no reply received by the complainant and his counsel till today. The complainant has prayed that the present complaint may be allowed.

7        Ld. counsel for the opposite party contended that the instant complaint under section 11 to 13 of CPA 1986 is not maintainable in the eyes of law. The same has been filed by the complainant with mala-fide intention to harass the opposite party. The instant complaint filed by the complainant is merely an abuse of process of law. The instant complaint filed by the complainant Namely Bahadur Singh is liable to be dismissed. The complainant is estopped from filing the above titled complaint and from his own act and conduct. He further contended that the complainant is trying to take undue advantage of his own wrong as he has failed to comply with the terms and conditions of the allotment. The complainant has miserable and intentionally not complied with the terms and conditions of the allotment. He has not deposited the requisite required amount with the opposite party. The legal notices so served by the complainant upon the opposite party are illegal and are not binding upon the opposite party. Although, the opposite party had made the reply of those legal notices so served by the complainant upon the opposite party through their respective counsels. It was pleaded that the residential plot bearing number 243 measuring 200 sq yard situated in the area of Industrial Complex Goindwal Sahib was allotted to the complainant for the period of 99 years lease hold basis at the rate of Rs.66.66 per sq yard with certain terms and conditions contained in the original lease deed/allotment letter. He further contended that the complainant at the time of original allotment letter and lease deed has admitted all the terms and conditions so imposed and contained in the lease deed. The terms and conditions qua the depositing of the amount have not been complied with by the complainant as is evident from the record so produced by the complainant alongwith the complainant before this Forum. It is a matter of record so produced by the complainant in Ex.C-4, the terms and conditions qua the depositing of the amount have duly been detailed in the said documents bearing serial number 1 to 12 and also the respective dates of the payment of the installment are also there but after making the scrutiny of the receipts so produced by the complainant alongwith the original complaint make it very clear that all the installments have not been paid by the complainant well within time. The complainant has miserably failed to comply with the schedule so settled by the opposite party regarding the plot in question. He further contended that the judicial court has enhanced the compensation of the land during 1992. Accordingly, a letter dated 19.8.1992 was issued to the complainant to the complainant to deposit the enhanced compensation of the land amounting to Rs. 1,556/- within 30 days from the issue of the notice, failing which a penal interest at the rate of  4% in addition to normal interest shall be charged but the complainant has failed to deposit the enhanced cost. The complainant has miserably failed to deposit the 12^th installment of the plot in question alongwith interest as such, the NOC could not be issued. The opposite party vide letter dated 27.7.2015 has intimated/ requested the complainant to deposit the outstanding amount due Rs. 29,088/- towards the balance costs of plot alongwith the interest but the complainant has failed to deposit the requisite required amount. Ld. counsel for the opposite party has prayed for dismissal of the complaint.

8        In the present complaint, it is not disputed by the parties that plot No.243 has been allotted by the opposite party to the complainant.  The complainant as placed on record C-4 vide which schedule of payment of above said plot has been made. The complainant has also placed on record  receipts Ex. C-5 to Ex. C-14. The complainant has also placed on record one letter dated 12.3.1993 Ex. C-15 addressed the complainant and it is made clear in that application that an amount of Rs. 1403/- is due against the complainant qua above said plot. The complainant has placed on record receipt Ex. C-16 dated 23.8.1993 for depositing an amount of Rs. 1,400/-. The complainant has placed another letter dated 25.8.1993 Ex. C-17 addressed to the complainant in which the opposite party has demanded Rs. 380/- as payable amount after discount. The complainant has also placed on record letter dated 16.11.1993 Ex. C-19 in which the opposite party is demanding Rs. 3,333/- from the complainant. The complainant has also placed ion record 21.5.2015 Ex. C-20 addressed to Bahadur Singh  in which the opposite party has recoverable amount is Rs. 17,273/- and has given the detail of installments as follows:-

          Installment             Due Date               Amount

          1^st                         30.6.2015              8,637/-

          2^nd                         30.6.2016              8,637/-

          The complainant has also placed on record receipt Ex. C-22 in which the complainant has deposited an amount of Rs. 16,672/- on 15.6.2015 much prior to the due date of second installment i.e. 30.6.2016.  The complainant has also placed on record one letter dated 27.7.2015 addressed to the complainant requested him to deposit an amount of Rs. 29,088/-. On the one hand vide letter dated 21.5.2015 the opposite party has given the due date for depositing the second installment as 30.6.2016 but before that date i.e. on 27.7.2015 the opposite party has issued another letter while demanding Rs. 29,088/- from the complainant. It all creates serious doubt on the stand taken by the opposite party. The complainant has deposited the money as and when demanded by the opposite party. Moreover, the opposite party has not given any detail in the written version on the basis of which they are demanding the amount from the complainant again and again. From the perusal of record it shows that the complainant has made the payment  to the opposite party vide receipt Ex. C-22 as demanded vide Ex. C-20 and the complainant is entitled to ‘No Due Certificate’ from the opposite party. The opposite party is not entitled to any amount from the complainant.

9        In the present case, the opposite party has filed the written statement which is not supported by any affidavit and documents.  As such, the stand taken by the opposite party in the present case cannot be read and the opposite party has miserably failed to prove its case.