District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 499/2021.
Date of Institution:28.09.2021.
Date of Order:.21.08.2023.
1. M/s. Atop Products Private Limited having its Office at Plot No. 24, Sector-24, Faridabad through its Authorized Representative Nirmesh Kumar Jain.
2. Sh. Gurmukh Singh, Age 62 years S/o late Shri Baldev Singh R/o H.NO. 877, Sector-15, Faridabad.
…….Complainants……..
Versus
1. Municipal Corporation Faridabad through its Commissioner NIT, Ballabgarh Zone, Faridabad.
2. Vijay Singh ZTO, Posted at Ballabgarh Zone, Municipal Corporation, Faridabad.
3. Balwan Singh, Clerical post, Zone Ballabgarh, Muncipal Corporation Faridabad.
4. M/s. Atop Fastners Pvt. Ltd., having its office at Plot No. 181, Industrial Area, Phase II, Chandigarh through its Director Shri satwant Singh Harish.
…Opposite parties
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Ujjwal Kapoor, counsel for the complainant.
Sh. N.K.Bhati, counsel for opposite parties Nos.1 to 3.
Shri Ravi Nagpal, counsel for opposite party No.4.
ORDER:
The facts in brief of the complaint are that the Plot No.99, Sector-24, Faridabad was owned by M/s. Rexor India Limited. A company petition NO. 587/2011 was filed before the Hon’ble High Court of Kolkata. The Hon’ble High Court was pleased to appoint the Official Liquidator and Rexor India Limited was put on liquidation vide order dated 10.01.2014. The Official Liquidator got published a sale notice on 09.06.2017 in respect of plot No. 99, Sector-24, Faridabad. The complainant No.2 being director to earn livelihood participated in the auction proceedings and were the highest bidder of the auction and the complainant No.2 was selected as highest bidder. The complainant deposited an amount of Rs.11,60,00,000/- with the Official Liquidator. The Hon’ble High Court of Calcutta confirmed the sale of plot No. 99, Sector-24, Faridabad in favour of M/s. Atop Products Pvt. Ltd. Vide order dated 14.07.2017. Thereafter the Official Liquidator handed over the possession of plot No. 99, Sector-24, Faridabad on 24.08.2017 and the Panchnama was prepared on the spot. The Official Liquidator got executed the sale deed No. 7367 dated 01.02.2018 in favour of complainant No.1. The property was purchased to earn livelihood. There were dues in the name of M/s. Rexor India Limited qua the property tax and water sewerage charges and the opposite party No.1 vide their memo No. MCF/B/2018/510 dated 18.05.2018 submitted their claim before the Official Liquidator at Kolkata. Thereafter, the Joint Commissioner, Municipal Corporation Faridabad passed an office order vide memo No.. MCF/B/2018/600 dated
19.06.2018 to de-seal the property No. 99 and 107, Sector-24, Faridabad and stated that complainant No.1 was not at fault in clearing the previous dues and also mentioned that claim before the Official Liquidator at Kolkata had been duly submitted on 18.05.2018. After submission of claim by the opposite party before the Hon’ble Official Liquidator, the complainants applied for reconnection of water/sewerage/tubewell of plot Nos. 99 & 107 vide letter dated 26.06.2018. Even the ownership was changed in the name of complainant No.1 against property id No. P07006210365 and the complainants were paying the property tax and the water sewerage charges. Thereafter the opposite party No.4 purchased the plot No. 99, Sector-24, Faridabad area admeasuring 10000 sq. yards from the complainant No.1 vide sale deed No. 11099 dated 06.03.2019 and the property had been finally transferred in favour of opposite party No.4 vide memo No.3344 dated 18.04.2019. After the purchase of property from the complainants, the opposite party NO.4 started to pay the property tax and water sewerage charges. Thereafter the purchase of property, opposite party No.4 applied for the Sub Division of property to Haryana State Industrial and Infrastructure Development corporation Limited and the same was allowed vide memo NO. HSIDC/IPD/2020/6554 dated 18.12.2020. After the grant of Sub Division by HSIDC, sale deeds were to be executed for plot No. 99 and 99A and for that very purpose NOC from MCF was required. The opposite party No.4 applied for issuance of No Dues Certificate for property, ID No. P07006210365 but the opposite party No.1 started to demand Rs.9,62,272/- including interest thereupon till current financial year 2021-2022 towards property tax due in the name of M/s. Rexor India Limited and amount of Rs.8,47,926/- towards water sewerage charges due in the name of M/s. Rexor India Limited. Opposite party No.4 informed the complainant No.2 in this regard and the complainant No.2 was surprised as the complainant had already communicated
all the aspects of the purchase of property from the Official Liquidator and opposite party No.1 had already submitted their claim before the Official Liquidator. The complainant No.2 approached the opposite parties Nos.1 to 3 and requested them that the opposite party No.1 had already applied their claim before the official liquidator and ownership had been transferred in the name of the complainant No.1 and on that basis, the complainant No.1 had sold the property to opposite party No.4 but the opposite parties Nos.1 to 3 did not accept the request of the complainant NO.2 and started to pressurize hat till the dues were not cleared on property ID NO. P07006210365 No Dues Certificate should not be issued. The complainant NO.2 requested the opposite parties Nos.1 to 3 number of times not to raise any demand in respect of dues of previous owner from the complainants or opposite party No.4 and to issue No Dues Certificate to opposite party No.4, but the opposite parties Nos. 1to 3 did not pay any heed to the request of the complainant No.2. The opposite parties Nos.1 to 3 to issue No Dues Certificate in favour of opposite party No4 rather raised a demand of Rs.9,62,272/- qua the property tax till financial year 2021-22 and demanded the old dues qua the water sewerage charges amounting to Rs.8,47,926/- hence this complaint. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) refund the amount of Rs.18,10,198/- alongwith the interst @ 18% p.a. till its realization.
b) to release the dues, if any, form the official liquidator appointed by Hon’ble Calcutta High Court.
c) pay Rs.10,00,000/- as compensation for causing mental agony and harassment .
d) pay the amount of Rs.1,00,000/- towards litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that as per the record of this corporation plot No. 99, Sector-24, Faridabad was recorded in the name of “M/s. Rexor India Ltd” and various notices issued to the said company with direction to deposit the property tax and water charges but the company did not pay the dues pending against it. Accordingly a show cause notice for this purpose issued by the answering opposite parties vide office memo NO.MCF/LLO-1/2015/1092 dated 11.06.2015 with direction to deposit outstanding dues but the company did not comply with the said show cause notice and accordingly unit was sealed on 21.03.2016 by the answering corporation due to non non payment of taxes. It was also submitted that on 18.05.2018 answering opposite parties was first time apprised about the liquidation proceeding and accordingly vide this office memo No. MCF/B/2015/510 dated 18.05.2018 the office liquidator, High Court Calcutta was requested to release the payment of dues of this Corporation. It was submitted that despite letter dated 18.05.2018 and reminder dated 22.07,2021 the office liquidator had not deposit the dues pending against plot in question. Hence, the answering opposite parties had every right to recover the pending tax dues either from the owner or from the occupier, as per the Tax Rules. It was submitted that the answering opposite parties never raised any demand to complainant Nos.1 & 2. It was also submitted that property tax was outstanding against property No. 99, Sector-24, Faridabad and for which letters were issued to office liquidator High Court Calcutta. As complainants themselves admitted that answering opposite parties had not raised any demand to them and they was in requirement of NOC from MCF for sub division of plot from, HSIDC, NDC was a local Govt. Portal, not in the control and supervision of Muncipal
Corporation, Faridabad and the same was completely oline. Complainant NO1 paid the said amount through online mode and took online NDC from ULB portal himself. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties–MCF with the prayer to: a) refund the amount of Rs.18,10,198/- alongwith the interst @ 18% p.a. till its realization. b)to release the dues, if any, form the official liquidator appointed by Hon’ble Calcutta High Court. c)pay Rs.10,00,000/- as compensation for causing mental agony and harassment . d)pay the amount of Rs.1,00,000/- towards litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Gurmukh Singh, Ex.CW2/A- affidavit of Nirmesh Kumar Jain, Authorized Representative of M/s. Atop Products Private Limited having s office at Plot No.24, Sector-24. Faridabad,
Ex.C-1 - Board resolution, Ex.C-2 Order passed by High Court at Calcultta in case titled Rexor India Ltd., Vs. DTC India Ltd.,Ex.C-3 – Sale notice,, Ex.C-4 – order dated 14.07.2017, Ex.C-5 - deed of conveyance, Ex.C-6 – Final transfer letter, Ex.C-7 -order dated 21.05.2018 passed by Ms. Archana (CJJD) Civil Judge, Ex.8- order dated 07.12.2018 passed by Archana, CJJD, Faridabad, Ex.C-9 - letter dated 18.05.2018, Ex.C-10 – office order, Ex.C-11 – letter regarding reconnection of water/sewerage/tubewell of plot Nos. 99 & 107, Sector-
24, Faridabad,Ex.C-12 – GB Receipt, Ex.C-13 – memo dated03.08.2018,, Ex.C-14 – receipt, Ex.C-15- Tax invoice,, Ex.C-16 – GB receipt,, Ex.C-17 – receipt, Ex.C-18 – Proforma for self assessment of property tax, Ex.C-19 - photocopy of DD, Ex.C-21 - bill No. 099 , Ex.C-22 – Receipt, Ex.C-23 - sale deed, Ex.C-24 – Final Transfer letter,, Exs.C-25 - GB receipt, Ex.C-26 – receipt, Ex.C-27 – photocopy of demand draft, Ex.C-28 – Bill NO. 75,, Ex.C-29 – receipt, Ex.C-30 - photocopy of demand draft, Ex.C-31 - letter dated 18.12.2020, Ex.C-32 - Property ID (New) P07006210365, Ex.C-33 - letter dated 26.07.2021,, Ex.C-34 – NO Dues Certificate Management System Ex.C-35 – letter dated 28.07.2021, Ex.C-36 – GB receipt, Ex.C-37 – Payment receipt – NDC, Ex.C-38 - No Dues Certificate, Ex.C-39 – Indian Income Tax Return Acknowledgement.
On the other hand counsel for the opposite party strongly agitated
and opposed. As per the evidence of the opposite party Ex.RW1/A – affidavit of Seema Bhatia, ZTO-I(B) in the office of Municipal Corporation, Faridabad, B.K.Chowk, NIT, Faridabad., Ex.R-1 - memo dated 18.05.2018, Ex.R-2 – memo dated 22.07.2021,.
6. The complaint was filed by the complainant with the prayer to refund the amount of Rs.18,10,198/- alongwith the interest @ 18% p.a. till its realization from opposite parties Nos.1 to 3 and also harassment and litigation expenses of Rs.1,00,000/-.
7. In this complaint , the property i.e plot No. 99, Sector-24, Faridabad was sold by the liquidator appointed by the Kolkota High Court to complainant No.2 Shri Gurmukh Singh. After completing all the formalities, and the financial implications, the complainant was the absolute owner of the property. After paying the arrears under protest of Rs.9,62,272/- qua the property tax till financial
year 2021-2022 and demanded the old dues qua the water sewerage charges amounting to Rs.8,47,926/- and in this regard the complainant has also given a protest letter which is Ex.C-35 and he has paid all the dues against the property. Opposite parties Nos.1 to 3 given the NOC of the property on 29.07.2021 to the complainant No.1.As per para No.9 of the complaint the electricity connection was given to the complainant/purchaser as per the orders passed by the Learned Civil Judge Ms. Archana, Faridabad . Possession of the plot was given to the complainant on 24.08.2017 and the sale deed was executed on 01.02.2018 vide sale deed No 7367. On dated 18.5.2018 after the sale deed the opposite parties Nos.1 to 3 filed their claim to the liquidator of the protested money which was tendered by the complainant. On 19.06.2018 the Joint Commission of opposite parties Nos.1to 3 passed an order and resealed the property in question.
8. After going through the evidence led by the complainant, no doubt the property in question was purchased by the complainant through liquidator appointed by Kolkota High Court in due course of law and as per letter videEx.C-35 the money was deposited by the complainant under protest. NOC was issued by the opposite parties and property was resealed by the officials of opposite parties Nos.1 to 3 which shows the deficiency in service on the part of the opposite parties Nos.1 to 3 because the claim filed by the MCF on 19.06.2018 was after sale deed of the complainant on dated 1.2.2018 vide sale deed No. 7367.
9. After going through the evidence led by the parties, the Commission is of the opinion that the complainant was a bonafidy purchaser. In the interest of justice, opposite parties Nos.1 to 3 is directed to refund the money in due course of law and also issued the NOC demanded by the complainant after the Sub Division of the property i.e Plot No. 99, Sector-24, Faridabad . Opposite parties Nos.1 to 3 are also directed to process the claim of the complainant as per the MCF rules.
Opposite parties Nos.1 to 3 are also directed to pay Rs.11000/- as compensation for causing mental agony & harassment alongwith Rs.11000/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 21.08.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
