Haryana

Ambala

CC/218/2015

Umesh Mehta - Complainant(s)

Versus

Municipal Corporation(Improvement Trust Cell) - Opp.Party(s)

Baikunth Nath

21 Dec 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 218 of 2015

                                                          Date of Institution         : 12.08.2015.

                                                          Date of decision   : 21.12.2017

 

Umesh Mehta son of Shri Hari Chand Mehta resident of 82, Vikas Vihar Ambala City.

……. Complainant.

                                      Versus

 

Municipal Corporation (Improvement Trust Cell) Ambala through its Commissioner.

….…. Opposite party.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER         

                   MS. ANAMIKA GUPTA, MEMBER                 

 

Present:       Sh.Baikunth Nath, counsel for complainant.

                   OP exparte.

 

ORDER

 

                   Complainant has filed the present complaint averring therein that he bought plot No.19 measuring 420 Sq. Meters situated at Vikas Vihar (also known as Scheme No.19) Ambala City as per master plan of erstwhile Improvement Trust Ambala, which has been merged with OP. The plot succeeded by the complainant was carrying tentative price and the condition of Trust regarding payment of additional price was agreed to by the complainant as per terms and conditions of the allotment letter. The father of the complainant had deposited Rs.2,35,704/- towards additional price pertaining to plot vide receipt No.7883 dated 17.06.2015 under protest. The OP while spreading out award of Hon’ble High Court arising out of CWP 2815 of 1987 (decided on 19.12.2008) wrongly added non saleable area and accordingly charged the amount of enhancement pertaining to following area from plot holders of residential area and including complainant:

1. Area towered Inco side                 = 7835 SM                             
2.  Area towards railway line           = 4080 SM          
3. Area under Sarai (Community
4.  

The OP failed to spread out the amount of enhancement of prince on commercial area consisting of 11480 Sq. Meter comprising 3480 SM towards parking in commercial area, proposed constructions of 4 shops and the OP illegally took an area of 54220 Sq.Meter as saleable area. The award of enhancement passed by the Hon’be High Court was on entire area consisting of 79515 Sq.Meter and not 54220 Sq. Meter, therefore, spreading a sum of Rs.2,29,19,354.93 on limited area of 54220 Sq.Meter in place of 79515 Sq.Meter has caused a financial loss. The OP out of the total recoverable amount of Rs.2,29,19,354.93 has charged a sum of Rs.46,25,021.17 towards interest @ 15 % illegally under the threatened action as mentioned in notice dated 18.05.2015 and if the excess amount is excluded then the recoverable rate would come out to be Rs.291.05 per square meter. Charging of amount at higher rate than the actual payable amount of enhancement makes the OP deficient in providing service which also caused financial loss to the complainant. In evidence, the complainant has tendered Affidavit Annexure CX and documents Annexure C1 to Annexure C20.

2.                On notice, OP appeared and filed its reply wherein it has taken many preliminary objections such as jurisdiction, locus standi and cause of action etc.  No excess amount or wrong amount has been recovered from the complainant and the amount of compensation of the commercial area has not been calculated in the residential area. The amount has been calculated of the enhanced land compensation rightly and correctly as per the amount deposited in the courts and given to the land owners. This Forum has no jurisdiction to consider the dispute involving interest and the complainant is not a consumer of OP as no relationship of consumer and hirer of service subsists between the complainant and OP. The area towards INCO is lying vacant and is being used by the residents of Palika Vihar colony and the area towards Railway line is reserved for green belt for the residents of Vikas Vihar. The amount has been calculated correctly while the correct saleable area was taken firstly in the year 1987 at the time of first enhancement. No such amount was ever demanded illegally, therefore, question of depositing the amount in question under protest does not arise at all. Other contentions mentioned in the complaint have been controverted and prayer for dismissal of the complaint has been made. During the pendency of this complaint the OP remained absent and was proceeded against exparte vide order dated 04.10.2017.

3.                We have heard learned counsel for the complainant only and gone through the case file very carefully.

4.                It is admitted fact that the plot No.19 measuring 420 Sq. Meters situated at Vikas Vihar (also known as Scheme No.19) Ambala City as per master plan of erstwhile Improvement Trust Ambala was allotted to the complainant vide allotment letter/sale deed (Annexure C18). It is also not disputed that OP had sent a notice dated 18.05.2015 (Annexure C14) for payment of additional price of plot No.19 in Scheme No.19 of the Municipal Corporation, Improvement Trust Cell, Ambala vide which and the complainant was asked to deposit the enhanced compensation  of this scheme as the enhanced compensation was to be paid to the land owners in the court and as such the same is recoverable from him and other allottess. It has been worked out that the enhanced compensation is to be recoverable @ Rs.561/20 Per Sq.Mtr and as such an amount of Rs.2.35,704/- is recoverable from the complainant. In compliance of that notice the complainant deposited an amount of Rs.2,35,704/-  vide Annexure C15 with the OP under protest without prejudicing the legal right of the complainant.

5.                          It is also not disputed that as per Annexure C9 (copy of information received under RTI by the complainant) the Hon’ble High Court has enhanced the compensation of real owners of the land on whose land the colony was carved out on which the complainant and other persons were allotted plots.  Further perusal of Annexure C9 reveals that the total amount to be paid to the real land owners comes to Rs.22919354/- including the costs of court cases.  The total area of the acquired has been shown at Sr.No.9 in the Annexure C9 as 79715 Sq. Mtr. under the scheme in question.

6.                          The grievance of the complainant is that OP has retained the area for the shops for rent, SCF Booth sold (3480 Sq.mtr.), Parking Area (3490 Sq. mtr.), Land for 111 shop behind House No.68 to 106 (7835 Sq. Mtr.) and land for sale to plot holders for kitchen garden to House No.68 to 93 (4080 Sq. Mtr.) towards railway line and Sarai (2100). The total land retained by the OP i.e. 20985 Sq.Mtr. The residential area comes to 58730 Sq.Mtr. including Roads, Parks, Green Belts and plots but OP has calculated the compensation on the whole of the acquired land without excluding the area retained by OP for purposes other than for residential purposes.

7.                          It is not disputed that the complainant has deposited an amount @ Rs.591/20 per Sq.Mtr. The grievance of the complainant is that the OP has charged the enhanced compensation because if the area retained by it is excluded than the actual compensation was to be made by the complainant @ Rs.208.76/-. Learned counsel for the complainant has placed on record calculation sheet including the calculation sheet of HUDA Department regarding enhanced compensation of scheme No.19 of village Jandli. The relevant portion of the calculation sheet (Annexure C19) is as under:

Total acquired area                  79715 SM

Retained by OP                       20985 SM

Residential Area                      58730 SM (including roads, parks greet belts,&                                                  Plots)

Actual enhancement of residential area 2,29,19,354.39 – 79715 x 58730

Comes to                                           Rs.1,68,85,826.79

(-) Excess Interest demanded from

01.04.2009 to 18.05.2015                          Rs.46,25,021-17                                                                                                  Rs.1,22,60,805.62

Legal demand of enhancement comes out for residential area in Square Meters = 1,22,60,805.62—58730 = Rs.208.76 Per Square Meter.

8.                          Learned counsel for the complainant has submitted that the Op  had to recover an amount of Rs.122241 as enhanced compensation but it has recovered Rs.2,35,704/- therefore, the Op had recovered excess amount of Rs.113463/- for the area which was not being used by the complainant. The counsel for the complainant has further stressed that the OP has wrongly calculated the interest and therefore, the OP has mis-calculated the interest as well as the enhanced compensation.

9.                          The Op is exparte in this case, however, in the reply the Op has submitted that the calculation has been done as per rules but it is strange that it has not placed on file calculation sheet to put the controversy at rest.  Furthermore, evidence led by the complainant had gone unrebutted.

10.                        In view of the above discussion, it is clear that the OP has taken the benefit of the land which was retained by it by carving out shops, parks and other facilities for its own profit and benefit but in this process it has went to the extent of recovery of enhanced compensation from the complainant and other persons without any fault on their part. It is pertinent to mention here that the complainant and other persons who have been allotted plot are only liable to pay the enhanced compensation for the area which they are using the same including parks, roads, green belts and not beyond the land which is retained by the OP. The remaining area retained by the OP can be allotted to any buyer after taking into consideration the enhancement of the compensation made by the court. The enhanced amount cannot be burdened upon the present allottee.  In this way the Op has not only violated the natural principle of law but also indulged in unfair trade practice and such like behavior is not expected from a government department which has been constituted for the betterment of the society and in the interest of society at large.

11.                        Keeping in view the above facts and circumstances we have no hitch to reach at a conclusion that the complainant is entitled for the amount recovered by the OP in excess which is Rs.148024.80 as per actual calculation (though the amount in the prayer clause has been calculated wrongly) alongwith the interest @ 15 % (which has been charged by the Op from the complainant as well as from other allottees) per annum from the date of depositing the amount i.e. 17.06.2015 till realization of the amount as the Op has to recover the amount @ Rs.208.76 per sq.mtr. instead of Rs.591.20/- charged illegally from the complainant. Accordingly, we allow the present complaint. The Op is directed to comply with order within thirty days from receipt of copy of the order. Copy of the order be sent to the parties concerned, free of costs, as per rules.  File after due compliance be consigned to record room.

Announced on: 21.12.2017                                 

 

                                                                            

 

(PUSHPENDER KUMAR) Member

(ANAMIKA GUPTA)                 Member

(D.N. ARORA)   President