5BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.188 of 2019
Date of Instt. 28.05.2019
Date of Decision: 17.02.2023
Madan Lal Chawla aged 70 years s/o Sh. Jagan Nath r/o 336, Urban Estate, Phase-II, Jalandhar.
..........Complainant
Versus
1. Secretary, Local Body, Punjab, Chandigarh.
2. Director, Local Body, Punjab Chandigarh.
3. Jalandhar Development Authority, SCO-41, PUDA Complex, Ladowali Road, Jalandhar through its Estate Officer.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: None for the Complainant.
OPs No.1 & 2 Given Up.
Sh. A. S. Saini, Adv. Counsel for OP No.3.
Order
Jyotsna (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant is the registered owner of the Plot No.336, Urban Estate, Phase-II, Jalandhar and the same was allotted to the complainant by the OP. After purchasing the property, the complainant raised construction on the floor and is residing in the said house alongwith his family since 1992. The complainant has paid the entire amount to the OP No.3 and no amount is due from the complainant. The complainant being senior citizen and life being uncertain, the complainant wanted to transfer the property in favour of his sons and for that he required the NOC of the respondent. The complainant applied for the NOC to the OP No.3 on 23.02.2017 and all formalities required by the respondents including the transfer fee by way of Bank Draft was deposited by the complainant. As per the government instructions displayed by the OPs on their notice board, the NOC is to be issued by the OP within 15 days from the date of its application. The complainant visited the office of the OP number of times and inspite of repeated visits and reminders made by the complainant in the office of the OP No.3, the NOC was not issued. The complainant made many representations in writing to the OP No.1 & 2, the NOC was not issued. As per the verbal enquiry, the complainant was told that the file is not traceable and no action is being taken by the OP. It appears that the file has been withheld by the staff of the OP for some ulterior reason and is harassing the complainant. The complainant has suffered much on account of act and conduct of the OP and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to issue the NOC of the plot No.336, Urban Estate, Phase-II, Jalandhar. Further, OPs be directed to pay a compensation of Rs.50,000/- for causing mental tension and harassment to the complainant and Rs.10,000/- as litigation expenses.
2. Notice of the complaint was sent to OP No.3 only as the complainant has given up OPs No.1 and 2 in the present complaint, vide his separate statement. Upon notice OP No.3 appeared through its counsel and filed written reply and contested the complaint by taking preliminary objections that the complaint is not maintainable being false, frivolous and vexatious and is liable to be dismissed with special cost. The complainant has no cause of action to file the present complaint. The complainant is not a consumer as defined under Consumer Protection Act and thus, this Commission has got no jurisdiction to entertain and decide the present complaint. The complaint is not maintainable as there is no deficiency in service in part of the OP. It is further averred that the complainant is estopped from filing the present complaint by his own act, conduct and admissions. On merits, the factum with regard to the ownership of the plot No.336, Urban Estate, Phase-II, Jalandhar is admitted and it is also admitted that the same was allotted to the complainant by the OP, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder not filed by the complainant.
4. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
5. We have heard the learned counsel for the OP No.3 only as none has appeared on behalf of the complainant and OPs No.1 & 2 have already given up and have also gone through the case file very minutely.
6. The present complaint was filed by the complainant on 28.05.2019 with a prayer to issue instructions to the OP No.3 to issue him NOC for transfer of his house mentioned in the complaint i.e. r/o 336, Urban Estate, Phase-II, Jalandhar. In the complaint neither complainant nor his counsel has appeared since 19.08.2020. Counsel for the OPs Sh. A. S. Saini, Adv has tendered additional reply stating that required NOC was issued vide letter no.4367 to the complainant on 01.10.2020 and put on record copy of the same. The complainant had applied NOC on 23.02.2017 and got NOC on 01.10.2020 i.e. after filing the complaint in the Commission. After getting NOC neither complainant came nor counsel of the complainant has appeared in the Court. However, there is deficiency in service on the part of the OP No.3.
7. In view of the above discussion, the complaint of the complainant is partly allowed. The OPs are directed to pay a compensation including litigation expenses of Rs.5000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
17.02.2023 Member Member President
