Delhi

New Delhi

CC/267/1998

N.L. Kataria - Complainant(s)

Versus

M/S. The Indian Railway Welfare Housing Organisation - Opp.Party(s)

18 Feb 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/267/98                       Dated:

Case No.TC/598/08

In the matter of:

1. SH. N.L. KATARIA

S/O SH. K.R. KATARIA

R/O D-349, FIRST FLOOR,

ANAND VIHAR,

DELHI-110092

 

1. SH. LAV KATARIA

S/O SH. N.L. KATARIA

R/O D-349, FIRST FLOOR,

ANAND VIHAR,

DELHI-110092

 

 

                   ……..COMPLAINANT

 

VERSUS

 

1. THE INDIAN RAILWAYS WELFARE HOUSING ORGANISATION,

THROUGH ITS MANAGING DIRECTOR,

 

1. SH. K.K. RAIZADA

MANAGING DIRECTOR, IRWO

 

1. SH. M.K. BATRA

GENERAL MANAGER

 

 

………. OPPOSITE PARTY

 

ORDER

 

Member :  Ritu Garodia

 

The short facts of alleged deficiency is that OP is a registered society who were holding draw for membership for allotment of flats.  The successful applicants had to pay 12 instalments and possession was to be handed over to them.  The last instalment was paid on 05.3.96.  The complainant approached this forum for handing over possession of flats, delayed payment charges alongwith statement of account.  OP has denied all the allegation.

OP has also placed on record a No Objection Certificate dated 25.7.13 wherein the complainant has transferred his allotted flat bearing No.A-2, Flat No.1, Ground Floor in favour of one Abhilash Chandra Srivastava.  The complainant has also admitted that allotment was made to him by letter No. IRWO/IP-PH-II/001113/42 dated 16.6.97.  As the allotment and possession of subject matter of complaint was already completed in 1997 and complaint has further transferred, the flat to a third party, no cause of action subsists as on date and complaint become in fructuous.  The complaint is therefore closed and disposed off.  File consigned to record room.

Copy of the order be sent to the parties free

of cost.

Pronounced in open Court on 18.02.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(S.R. CHAUDHARY)               (RITU GARODIA)

MEMBER                                 MEMBER