BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAITHAL.
Complaint Case No.334 of 2017.
Date of institution: 08.12.2017.
Date of decision: 11.03.2019.
Mahabir Goyal son of Sona Ram Goyal, resident of House No.75, Ward No.5, Pundri, District Kaithal, Haryana.
…Complainant.
Versus
- Oriental Bank of Commerce, Ambala Road, Kaithal through its Chief Manager.
- Chief Manager, Oriental Bank of Commerce, Ambala Road, Kaithal.
- Uttar Haryana Bijli Vitran Nigam Limited Kaithal through SDO “OP’, Kaithal.
….Respondents.
Before: Sh. D.N.Arora, President.
Sh. Rajbir Singh, Member.
Smt. Suman Rana, Member.
Present: Sh. Manoj Kashyap, Advocate, for the complainant.
Sh. Sudeep Malik, Advocate for the OPs.No.1 & 2.
Sh. J.P.Jaglan, Adv. for Op No.3.
ORDER
D.N.ARORA, PRESIDENT
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that previously the house bearing No.49-B/15 measuring 120.88 Sq. Yards, situated at Shora Kothi, Gali No.1 was owned by Ajay Kumar son of Ravinder Kumar and the said house was mortgaged by Ajay Kumar as guarantor in favour of Os No.1 & 2 in loan case of M/s. Pooja Woods India Pvt. Ltd. It is alleged that the loan account of M/s. Pooja Woods India Pvt. Ltd. became NPA (Non Performing Assets) and the aforesaid mortgaged properly was taken into physical possession by the Ops No.1 & 2 through its Authorized Officer under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with Rule 8 & 9 of Security Interest (Enforcement) Rules, 2002. It is further alleged that after taking into possession, the said house was sold to the present complainant by the Ops No.1 & 2 for consideration of Rs.20,61,000/- vide sale deed No.3589 dt. 08.08.2017 registered in the office of SR, Kaithal. After taking possession of said house, the complainant visited in the office of Op No.3 for installation of new connection in the name of complainant and then Op No.3 disclosed that an amount of Rs.65,260/- are still due upon consumer/user/beneficiary/transfer of above said premises. Similarly, an amount of Rs.2894/- was also pending towards this premises of Public Health Department, Kaithal qua water & sewerage charges before executing the sale deed. An amount of Rs.4391/- was also pending qua house tax of MC Kaithal upon the said house before executing the sale deed. The complainant visited several times in the office of Ops No.1 & 2 and demanded the amount of Rs.72,545/- (Rs.65260/-+Rs.2894/-+Rs.4391) but the Ops did not listen the genuine request of complainant. So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint. Hence, this complaint.
2. Upon notice, the OPs appeared before this Forum and contested the complaint by filing their replies separately. Ops No.1 & 2 filed the joint reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; that there is no deficiency in service on the part of Ops. The true facts are that the house No.49-B/15 situated at Shorta Kothi, Jind Road, Kaithal was mortgaged with the answering Ops with grant of credit facilities to M/s. Pooja Woods India Pvt. Ltd. and on their default in making the payment of bank’s dues, the said account of M/s. Pooja Woods India Pvt. Ltd. became NPA and the Ops bank under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 took the possession of property in question by the orders dt. 27.08.2016 issued by District Magistrate, Kaithal and sold the said house situated at Shora Kothi, Gali no.1, Jind Road, Kaithal “AS IS WHERE IS BASIS AND AS IS WHAT IS BASIS” by way of E-Auction on 21.06.2017 to the complainant. On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.
3. Op No.3 filed the reply raising preliminary objections that the complainant has concealed the true and material facts from this Forum. The true facts are that the premises in which, the complainant is seeking DS connection without completing legal formalities is observed defaulted premises as per spot inspection by lineman ledger record of answering Op and as per official record of Nigam, an electric connection bearing No.KA-14/5459 was availed by Ravinder Singh in this premises and the same was declared as PDCO vide book No.1078 Sr.No.50 dt. 18.12.2017 on account of non-payment of arrear of bill amount of Rs.1,14,319/- for which a bill dt. 24.01.2018 for a sum of Rs.1,35,064/- was issued at the premises and after overhauling the same, an amount of Rs.50,933/- was issued at the premises of complainant but the same was not paid till yet and now on arrear of amounting to Rs.52,445/- pending towards the user/owner of premises of the electric connection in which the complainant seeking new electric connection in his name. There is no deficiency in service on the part of answering Op. On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.
3. The complainant tendered into evidence affidavit, Ex.CW1/A and documents Ex.C1 to Ex.C5 and thereafter, closed the evidence.
4. On the other hand, the Ops tendered into evidence affidavit, Ex.RW1/A and documents Ex.R1 to Ex.R5, Op No.3 tendered into evidence affidavit, Ex.RW2/A and documents Ex.R6 to Ex.R9 and thereafter, closed the evidence.
5. We have heard the learned Counsel for both the parties and perused the record carefully.
6. Undisputedly, the complainant is owner in possession of house No.49-B/15, measuring 120.88 Sq. Yards, situated at Shora Kothi, Gali No.1, Jind Road, Kaithal. It is also not disputed that earlier the said house was owned by Ajay Kumar son of Ravinder Kumar and this house was mortgaged by Ajay Kumar in favour of Ops No.1 & 2 in loan case of M/s. Pooja Woods India Pvt. Ltd. It is also not disputed that the loan account of M/s. Pooja Woods India Pvt. Ltd. became NPA and said house was sold to the complainant by the Ops No.1 & 2. The grievance of the complainant is that an amount of Rs.65,260/- was pending qua electricity bill upon consumer/user/beneficiary/transfer of above said premises. Similarly, an amount of Rs.2894/- was also pending towards this premises of Public Health Department, Kaithal qua water & sewerage charges before executing the sale deed. An amount of Rs.4391/- was also pending qua house tax of MC Kaithal upon the said house before executing the sale deed and in this way, total amount of Rs.72,545/- was pending before executing the sale deed. We have perused the documents Ex.R3 & Ex.R5 vide which the said house was sold to the complainant through E-Auction, wherein it is clearly mentioned that “AS IS WHERE IS BASIS AND AS IS WHAT IS BASIS”. In the terms and condition No.11 of the notice E-Auction, Ex.R5, it is mentioned that “The purchaser shall bear the applicable stamp duties/additional stamp duty/transfer charges, fee etc. and also all the statutory/non-statutory dues, taxes, rates, assessment charges, fees etc. owing to anybody”. The complainant has drawn our attention towards the sale deed, Ex.C1, wherein it is mentioned that the properly in question was made free from all encumbrances. But the said sale deed was effected on 08.08.2017, whereas the E-Auction of property in question was already effected on 21.06.2017. So, this contention of complainant has no force. In the facts and circumstances of the case, we found that the property in question was sold to the complainant “AS IS WHERE IS BASIS AND AS IS WHAT IS BASIS”, hence, it was the duty of complainant to enquiry about pendency of any bill/taxes/charges before purchase of property. Hence, the complainant has failed to prove any deficiency on the part of Ops.
7. Thus, as a sequel of above discussion, we find no merit in the present complaint and accordingly, the same is hereby dismissed. No order as to costs. A copy of said order be supplied to the parties free of cost. File be consigned to record-room after due compliance.
Announced in open court:
Dt.:11.03.2019.
(D.N.Arora)
President.
(Suman Rana), (Rajbir Singh)
Member Member.
