DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No. 553 of 18-11-2011
Decided on 07-08-2012
Harjinder Singh aged about 59 years, s/o Tara Singh, resident of House No.17404, Gali No.3, Manocha Colony, backside Chopra Palace, Bathinda.
........Complainant
Versus
Punjab Small Scale Industries & Export Corporation Ltd. through its Managing Director/Estate Officer, Udyog Bhawan 18-Himalaya Marg, Sector 17-A, Chandigarh.
Sub Divisional Officer, Punjab Small Scale Industries & Export Corporation Ltd. Industrial Growth Cenre, Mansa Road, Bathinda.
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Sh. Amarjeet Paul, Member.
Smt. Sukhwinder Kaur, Member.
Present:-
For the Complainant: Sh. Tejinder Singh, counsel for the complainant.
For Opposite parties: Sh. Abhey Singla, counsel for the opposite parties.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that one Industrial plot No.E-25 measuring 450 yards, New Focal Point, Dabwali Road, Bathinda was leased to Sh.Pritam Singh & the complainant as original allottee by the opposite parties, Punjab Small Scale Industries & Export Corporation Ltd. where the complainant alongwith Pritam Singh started a small unit in the name & style of Guru Nanak Plastic Industry, after sometime Pritam Singh retired by giving a General Power of Attorney to the complainant. Thereafter, the complainant inducted two partners & he alongwith his two partners continued the work for self employment to earn their livelihood. The plot was occupied by the complainant being lessee & GPA(General Power of Attorney) of Sh.Pritam Singh s/o Nazar Singh. The complainant being lessee & GPA of Sh.Pritam Singh applied for the transfer of above mentioned plot in the name of Sh. Sanjeev Kumar s/o Sh.Ranjeet Kumar r/o H.No.251, Model Town Phase 1, Bathinda and submitted all the papers regarding the transfer of this plot to the estate office of Punjab Small Scale Industries & Export Corporation Ltd. The complainant was asked to deposit Rs.20,250/- as transfer fee which he has deposited vide DD No.841400 dt.12.1.2011 amounting to Rs.20,250/- drawn on SBOP. Thereafter, the complainant was asked to deposit Rs.17,400/- which he has deposited vide DD No.030344 dt.4.4.2011 amounting to Rs.17,400/- drawn on Axis Bank. The plot was not transferred in the name of Sanjeev Kumar till 13.5.2011. The opposite parties also asked Sh.Sanjeev Kumar to deposit Rs.20,250/- as transfer fee of this plot which he has deposited vide DD No.000512 dt.16.5.2011 drawn on IDBI Bank, while there was no need for deposit of double the transfer fee against a single transfer of this plot. The opposite parties issued the transfer letter No.PSIC/ESTATE/DGM/2547 dt.23.5.2011 only after receipt of double the transfer fee from the transferor as well as the transferee. Double the transfer fee has been charged by the opposite parties. The opposite parties never asked any amount to be deposited by the complainant or the transferee through any written communication but when the complainant or the transferee visited their office they were asked to deposit the transfer fee twice. The complainant requested the opposite parties to refund transfer fee deposited by him vide DD No.841400 dt.12.1.2011 but the same was refused by the opposite parties vide their letter No.PSIC/ESTATE/DGM/11961 dt.3.10.2011 on the plea that the transfer fee deposited by him related to a new partnership deed dt.1.4.2000 when Sh.Hajinder Singh s/o Tara Singh, Sh. Gurdeep Singh s/o Kartar Singh and Sh.Chet Singh s/o Chota Singh were shown as partners with 50%, 25% & 25% shares respectively, since the share of original allottee Sh.Pritam Singh s/o Nazar Singh stood reduce to NIL. Factually, the abovesaid plot remained in possession of the complainant as lessee & of GPA of Sh.Pritam Singh. Hence, the complainant has filed the present complaint for seeking the directions of this Forum to the opposite parties to refund the transfer fee deposited by him by DD No.841400 dt.12.1.2011 amounting to Rs.20,250/- alongwith cost and compensation.
2. The notice was issued to the opposite parties. The opposite parties after appearing before this Forum have filed their joint written statement. The opposite parties pleaded that the allotment of the plot was transferred on 12.12.1990 in the name of Pritam Singh s/o Nazar Singh. The permission for change in name, style and constitution as M/s Guru Nanak Plastic Industries with Sh.Pritam Singh s/o Sh.Nazar Singh (51% shares) and Sh.Harjinder Singh s/o Tara Singh (49% shares) was given on 27.11.1996. Subsequently, the request for change in constitution was received on 4.10.2001 alongwith partnership dissolution deed dated 1.4.2000 of the allottee whereby Sh.Pritam Singh s/o Sh.Nazar Singh retired as partner. As per new partnership deed dated 1.4.2000, Sh. Harjinder Singh s/o Sh. Tara Singh, Sh.Gurdeep Singh s/o Sh.Kartar Singh and Sh.Chet Singh s/o Sh.Chotta Singh were shown as partners with 50%, 25% & 25% shares respectively. Since, as per terms and conditions of allotment/transfer, the allottee/transferee was required to retain atleast 51% shares in the plot and the shares of original allottee Sh.Pritam Singh s/o Sh.Nazar Singh stood rendered to NIL, the allottee was asked vide letter No.15159 dated 12.10.2001 to seek transfer of the plot. Subsequently, the request for transfer of the plot was received on 6.9.2010 from Sh.Harjinder Singh s/o Tara Singh as co-allottee as well as GPA of Sh.Pritam Singh, the original allottee of the plot alongwith transfer fee of Rs.20,250/-. However, the transfer was sought in the name of another person i.e. Sh.Sanjeev Kumar s/o Sh.Ranjit Kumar. The case was examined. One transfer was earlier effected when shares of the original allottee stood reduced to NIL as per partnership deed dated 1.4.2000 and another transfer being sought in favour of Sh.Sanjeev Kumar s/o Sh.Ranjit Kumar, it was decided to seek transfer document from Sh.Gurdeep Singh and Sh.Chet Singh alongwith additional transfer fee of Rs.20,250/-. On receipt of requisite documents as well as transfer fee, the case was processed and was got published in newspaper as per procedure and on completion of requisite formalities and personal verification of GPA (General Power of Attorney) etc, the plot was transferred in favour of Sanjeev kumar vide letter dated 23.5.2011. The opposite parties further pleaded that as per partnership deed dated 16.12.1995 under the name and style of M/s Guru Nanak Plastic Industries, the complainant was inducted as partner of 49% share and the permission for the said change was given by PSIEC vide No.33187-88 dated 27.11.1996, which was subject to the condition that shares of original allottee i.e. Sh.Pritam Singh s/o Sh.Nazar Singh shall not fall below 51% for all times to come in future. However, as per dissolution deed dated 1.4.2000, the original allottee firm and the complainant being continuing partner of the firm had inducted Sh.Gurdeep Singh s/o Sh.Kartar Singh and Sh.Chet Singh s/o Sh.Chhota Singh as new partners. Consequently, upon reducing the shares of original allottee below 51% i.e. NIL is violation of terms and conditions of allotment/transfer of the plot. Instead of seeking transfer of the plot as asked for, the complainant Sh.Harjinder Singh being co-allottee & GPA of Sh.Pritam Singh, had applied for the transfer of the plot in favour of third party i.e. Sh.Sanjeev Kumar s/o Sh.Ranjit Kumar. The party was asked to submit transfer documents from Sh.Gurdeep Singh s/o Sh.Kartar Singh and Sh. Chet Singh s/o Sh.Chhota Singh being earlier inducted as allottees alongwith transfer fee of Rs.20,250/-. The documents from Sh.Gurdeep Singh s/o Sh.Kartar Singh and Sh.Chet Singh s/o Sh.Chhota Singh alongwith transfer fee earlier applicable consequent by reducing of shares of original allottee Sh.Pritam Singh is reduced to NIL, were not submitted alongwith documents seeking transfer in favour of Sh.Sanjeev Kumar s/o Sh.Ranjit Kumar. Accordingly, the complainant vide letter No.12374-75 dated 8.12.2010 was asked to submit transfer documents from Sh.Gurdeep Singh and Sh.Chet Singh who were inducted as partners of allottee firm alongwith transfer fee of Rs.20,250/- The requisite documents as asked for alongwith transfer fee of Rs.20,250/- were received on 17.1.2011. The case was processed further and a public notice was got published in 'Indian Express' & 'Jagbani' on 10.3.2011. A communication bearing No.12374-75 dated 8.12.2010 was sent to the complainant thereby asking to furnish the transfer documents from Sh.Gurdeep Singh s/o Sh.Kartar Singh and Sh.Chet Singh s/o Sh.Chhota Singh alongwith transfer fee of Rs.20,250/-. In reply to the abovesaid letter, the complainant submitted the requisite documents alongwith fee of Rs.20,250/-. The complainant while seeking transfer of the plot, personally appeared in the office of PSIEC on 15.4.2011 and given his free, unconditional and undisputed consent for the transfer of the plot No. E-25, New Focal Point, Bathinda in the name of Sh.Sanjeev Kumar and the present complaint of the complainant is after thought. Thereafter, the plot was transferred in favour of Sh.Sanjeev Kumar on 23.5.2011. The applicant/complainant is presently not an allottee of the defendant and has no locus standi to file the present complaint. As per terms and conditions of the transfer, the allottee Sh.Pritam Singh was required to retain atleast 51% shares at all times. Even the permission to change name, style & constitution vide letter No.33187 dated 27.11.1996 was subject to original allottee retaining atleast 51% shares in all times to come in future. As per dissolution deed dated 1.4.2000, the shares of the original allottee were reduced to NIL and the complainant Sh.Harjnder Singh alongwith Sh.Gurdeep Singh and Sh. Chet Singh had become absolute owners with 50%,25% & 25% shares respectively. The allotment of the plot in the name of Sh.Sanjeev Kumar s/o Sh.Ranjit kumar has not transferred only on the basis of the documents submitted by the complainant as lessee and GPA of Sh.Pritam Singh, but the transfer documents as seller were also obtained from Sh.Gurdeep Singh s/o Sh.Kartar Singh and Sh.Chet Singh s/o Sh.Chhota Singh, who were inducted as partners of the allottee firm as per partnership deed dated 1.4.2000. Thus, the complainant has no cause of action to file the present complaint as against the opposite parties. The opposite parties further pleaded that the complainant while making payment of Rs.20,250/- towards double transfer fee, was fully aware of the same and even deposited the said amount in reference to the requisition sent in this regard. The question of refund of the said amount never arose and position thereof stood clarified to the complainant.
3. The parties have led their evidence in support of their respective pleadings.
4. Arguments heard. The record alongwith written submissions submitted by the parties perused.
5. The complainant submitted that he being lessee and GPA of Sh.Pritam Singh applied for the transfer of the plot No.E-25 measuring 450 yards, New Focal Point, Dabwali Road, Bathinda in the name of Sh. Sanjeev Kumar s/o Sh.Ranjeet Kumar and submitted all the papers regarding the transfer of this plot to the estate office of Punjab Small Scale Industries & Export Corporation Ltd. and deposited the requisite transfer fee on 16.5.2011, the abovesaid plot was initially transferred to Sh. Pritam Singh as original allottee by the opposite parties. Thereafter, the complainant inducted as partner of 49% shares alongwith Pritam Singh having 51% shares and have started a small unit in name & style of Guru Nanak Plastic Industry, after sometime Pritam Singh retired from the partnership firm by giving a General Power of Attorney to the complainant. After that the complainant inducted two partners & he alongwith his two partners continued to work for earning their livelihood. The complainant was asked to deposit Rs.20,250/- as transfer fee which he has deposited vide DD No.841400 dt.12.1.2011 amounting to Rs.20,250/- drawn on SBOP. Thereafter, the complainant was asked to deposit Rs.17,400/- which he has also deposited vide DD No.030344 dt.4.4.2011 drawn on Axis Bank. The complainant further submitted that the plot was not transferred in the name of Sanjeev Kumar till 13.5.2011,when he contacted the opposite parties at Chandigarh, the complainant was informed that transfer fee is still to be deposited by the transferee. The opposite parties also asked Sh.Sanjeev Kumar to deposit Rs.20,250/- as transfer fee of this plot which he deposited vide DD No.000512 dt.16.5.2011 drawn on IDBI Bank, while there was no need for deposit of double the transfer fee against a single transfer of this plot. The opposite parties have also issued the transfer letter No.PSIC/ESTATE/DGM/2547 dt.23.5.2011 only after receipt of double the transfer fee from the transferor as well as the transferee. The opposite parties never asked the complainant or the transferee to deposit any amount through any written communication but when the complainant or the transferee use to visit their office they were asked to deposit the transfer fee twice. The transfer of the plot was kept pending by the opposite parties from 12.1.2011 to 22.5.2011, without issuing any notice to the complainant/transferee about any formality to be completed by them. The main contention of the complainant is that the opposite parties have got deposited the amount of Rs.20,250/- double for the transfer of the same plot.
6. The opposite parties on the other hand submitted that the allotment of the abovesaid plot was transferred on 12.12.1990 in the name of Pritam Singh s/o Nazar Singh. The permission for change in name, style and constitution as M/s Guru Nanak Plastic Industries was given on 27.11.1996. Subsequently, the request for change in constitution was received on 4.10.2001 alongwith dissolution deed dated 1.4.2000 whereby Sh.Pritam Singh s/o Sh.Nazar Singh retired as partner. As per new partnership deed dated 1.4.2000, Sh. Harjinder Singh s/o Sh. Tara Singh, Sh.Gurdeep Singh s/o Sh.Kartar Singh and Sh.Chet Singh s/o Sh.Chotta Singh were shown as partners with 50%, 25% & 25% shares respectively. As per partnership deed dated 16.12.2995 under the name and style of M/s Guru Nanak Plastic Industries, the complainant inducted as partner of 49% share and permission for said change was given by PSIEC vide No.33187-88 dated 27.11.1996, subject to the condition that shares of original allottee Pritam Singh shall not fall below 51% share for all times to come in future. As per terms and conditions of allotment/transfer, the allottee/transferee was required to retain atleast 51% shares in the plot and the shares of original allottee Sh.Pritam Singh s/o Sh.Nazar Singh reduced to NIL, the complainant was asked on the receipt of partnership deed dated 1.4.2009 alongwith other documents such as affidavit of Sh.Pritam Singh as retiring partner. vide letter No.15159 dated 12.10.2001 to seek the transfer of the plot as the original allottee has left the firm. However, no documents as well transfer fee in this regard was received. Subsequently, the request for transfer of the plot was received on 6.9.2010 from Sh.Harjinder Singh s/o Tara Singh as co-allottee as well as GPA of Sh.Pritam Singh, the original allottee of the plot alongwith transfer fee of Rs.20,250/-. The transfer was sought in the name of third person i.e. Sh.Sanjeev Kumar s/o Sh.Ranjit Kumar. The opposite parties further submitted that in view of the position that one transfer was earlier effected when shares of original allottee reduced to NIL as per partnership deed dated 1.4.2000 and another transfer being sought in favour of Sh.Sanjeev Kumar s/o Sh.Ranjit Kumar, it was decided to seek transfer document from Sh.Gurdeep Singh and Sh.Chet Singh alongwith additional transfer fee of Rs.20,250/-. On receipt of requisite documents as well as transfer fee, the case was processed and was got published in newspaper as per procedure and on completion of requisite formalities and personal verification of GPA (General Power of Attorney) etc, the plot was transferred in favour of Sanjeev kumar vide letter dated 23.5.2011. As per partnership deed dated 16.12.1995 under the name and style of M/s Guru Nanak Plastic Industries, the complainant was inducted as partner of 49% share and the permission for the said change was given by PSIEC vide No.33187-88 dated 27.11.1996, which was subject to the condition that shares of original allottee i.e. Sh.Pritam Singh s/o Sh.Nazar Singh shall not fall below 51% for all times to come in future. As per dissolution deed dated 1.4.2000, the original allottee firm and the complainant being continuing partner of the firm had inducted Sh.Gurdeep Singh s/o Sh.Kartar Singh and Sh.Chet Singh s/o Sh.Chhota Singh as new partners. Consequently, upon reducing the shares of original allottee below 51% i.e. NIL is violation of terms and conditions of allotment/transfer of the plot. The complainant Sh.Harjinder Singh being co-allottee & GPA of Sh.Pritam Singh, had applied for the transfer of the plot in favour of third party i.e. Sh.Sanjeev Kumar s/o Sh.Ranjit Kumar. The party was asked to submit transfer documents from Sh.Gurdeep Singh s/o Sh.Kartar Singh and Sh. Chet Singh s/o Sh.Chhota Singh being earlier inducted as allottees alongwith transfer fee of Rs.20,250/-.The complainant vide letter No.12374-75 dated 8.12.2010 was asked to submit transfer documents from Sh.Gurdeep Singh and Sh.Chet Singh who were inducted as partners of allottee firm alongwith transfer fee of Rs.20,250/- so as to further process for the transfer of the plot. The requisite documents which were asked alongwith transfer fee of Rs.20,250/- were received on 17.1.2011. The case was processed further and a public notice was got published in 'Indian Express' & 'Jagbani' on 10.3.2011. The complainant while seeking transfer of the plot, personally appeared in the office of PSIEC on 15.4.2011 and given his free, unconditional and undisputed consent for the transfer of the plot No. E-25, New Focal Point, Bathinda in the name of Sh.Sanjeev Kumar. Thereafter, the plot was transferred in favour of Sh.Sanjeev Kumar on 23.5.2011.
7. A perusal of record placed on file shows that the allotment of the plot was transferred on 12.12.1990 in the name of Pritam Singh s/o Nazar Singh. He inducted Harjinder Singh s/o Tara Singh as partner, the original allottee Pritam Singh s/o Nazar Singh was holder of 51% shares and Sh.Harjinder Singh s/o Tara Singh 49% shares on 27.11.1996. When the request for change in constitution was received on 4.10.2001 alongwith dissolution deed dated 1.4.2000, Sh.Pritam Singh s/o Sh.Nazar Singh retired as partner. As per new partnership deed dated 1.4.2000 Sh. Harjinder Singh, Sh.Gurdeep Singh and Sh.Chet Singh were shown as partners with 50%, 25% & 25% shares respectively. As per terms and conditions of the allotment/transfer, the original allottee/transferee were required to retain atleast 51% shares in the plot and the shares of original allottee Sh.Pritam Singh s/o Sh.Nazar Singh reduced to NIL, the allottee was asked on 12.10.2001 vide letter No.15159 to seek transfer of the plot. Till this time no documents as well as transfer fee was received. In the meantime the request for transfer of the plot was received on 6.9.2010 from Sh.Harjinder Singh s/o Tara Singh as co-allottee as well as GPA of Sh.Pritam Singh, the original allottee of the plot alongwith transfer fee of Rs.20,250/-. The transfer was sought in the name of another person i.e. Sh.Sanjeev Kumar s/o Sh.Ranjit Kumar. As per partnership deed dated 1.4.2000, the shares of the original allottee Pritam Singh stood NIL. As the transfer being sought in favour of Sh.Sanjeev Kumar s/o Sh.Ranjit Kumar, it was decided to seek transfer document from Sh.Gurdeep Singh and Sh.Chet Singh alongwith additional transfer fee of Rs.20,250/-. On the receipt of requisite documents as well as transfer fee, the case was further processed and got published in newspaper as per procedure and on completion of the requisite formalities and personal verification of GPA (General Power of Attorney) etc, the plot was transferred in favour of Sanjeev kumar vide letter dated 23.5.2011. The partnership deed dated 16.12.1995 was under the name and style of M/s Guru Nanak Plastic Industries, the complainant was inducted as partner of 49% share and the permission for the said change was given by PSIEC vide No.33187-88 dated 27.11.1996, which was subject to the condition that shares of the original allottee i.e. Sh.Pritam Singh s/o Sh.Nazar Singh shall not fall below 51%. But after the dissolution deed dated 1.4.2000, the complainant being continuing partner of the firm had inducted Sh.Gurdeep Singh s/o Sh.Kartar Singh and Sh.Chet Singh s/o Sh.Chhota Singh as new partners and the share of original allottee reduced below 51% i.e. NIL in violation of terms and conditions of allotment/ transfer of the plot. Instead of seeking transfer of the plot in his name and in the name of other two partners, the complainant Sh.Harjinder Singh being co-allottee & GPA of Sh.Pritam Singh, had applied for the transfer of the plot in favour of third party i.e. Sh.Sanjeev Kumar s/o Sh.Ranjit Kumar. Thus, the opposite parties asked to submit transfer documents from Sh.Gurdeep Singh and Sh.Chet Singh being earlier inducted as allottee alongwith transfer fee of Rs.20,250/-. A communication bearing No.12374-75 dated 8.12.2010 was sent to the complainant thereby asking to furnish transfer documents from Sh.Gurdeep Singh s/o Sh.Kartar Singh and Sh.Chet Singh s/o Sh.Chhota Singh alongwith transfer fee of Rs.20,250/-. The complainant submitted the requisite documents alongwith the transfer fee of Rs.20,250/- and the plot was transferred in favour of Sh.Sanjeev Kumar on 23.5.2011 as per clause 23 of Ex.R-2:-
“ Change in Constitution of firm and the partnership shall be allowed only on the specific condition that the original allottee of the plot retains at least 51% of the share at all times in the newly constituted firm/partnership”.
As per this condition when the firm dissolved and Sh.Pritam Singh retired as partner, the partner Sh.Harjinder Singh had 50% share, Sh.Chet Singh 25% and Sh.Gurdeep Singh 25%. None of these 3 partners were holder of 51% shares as per the above mentioned clause 23. Moreover, none of the partner was original allottee, rather they were absolute owners. The original allottee is required to hold 51% shares in the firm whereas the original allottee Pritam Singh retired with NIL shares and Harjinder Singh was having only 50% shares. Thus, the complainant has not fulfilled the conditions mentioned under clause 23 of Punjab Small Scale Industries & Export Corporation Ltd. When the said firm was transferred in the name of Sanjeev Kumar, the complainant was asked to deposit the transfer fee of Rs.20,250/- again as the terms and conditions of the opposite parties.
8. Therefore, in view of what has been discussed above, the opposite parties have rightly got deposited the transfer fee of Rs.20,250/- twice from the complainant. Thus, this complaint fails and hereby dismissed without any order as to cost.
9. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
07-08-2012
(Vikramjit Kaur Soni)
President
(Amarjeet Paul)
Member
(Sukhwinder Kaur)
Member
