Chandigarh

DF-II

CC/307/2021

Rishi Raj - Complainant(s)

Versus

The Chief Administrator, Punjab Urban Development Authority - Opp.Party(s)

In Person

15 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	307 of 2021
Date  of  Institution	:	19.05.2021
Date   of   Decision	:	15.03.2023

 

 

 

 

 

Rishi Raj s/o Late Sh.Hem Raj, R/o House No.1056, Sector 18-C, Chandigarh.

 

            …..Complainant

 

Versus

1]  The Chief Administrator, Punjab Urban Development Authority, SAS Nagar, Mohali.

2]  The Estate Officer, GMADA, SAS Nagar, Mohali.

    ….. Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

MRS.PRITI MALHOTRA             MEMBER 

                MR.B.M.SHARMA                 MEMBER

                               

Argued by  : Complainant in person.

   Sh.Jashan Preet Singh, Counsel of OPs

 

PER B. M. SHARMA, MEMBER

 

         Concisely put, the complainant, owner of Plot NO.7759, Block-H, Aero City, Mohali (Punjab) submitted prescribed performa with OPs on 7.9.2020 for transfer of said plot in the name of his daughter Dr.Esha and deposited processing charges of Rs.11,320/- as well as Non-Construction Fee (Extension Fee) of Rs.1,30,000/- and accordingly he was given Due Date of Disposal as 21.9.2020 (Ann-B).  It is submitted that since there was no communication from OPs, the complainant visited their office and then he was told to deposit another amount of Rs.23,160/- towards interest on non-construction fee of Rs.1,30,000/-, which too was deposited on 23.10.2020 (Ann.C). It is stated that the complainant again visited OPs to know the status of his case and he was told that the file is under process, then the complainant served legal notice dated 20.11.2020 to OPs (Ann.D). Thereafter, the complainant met the Estate Officer of OPs on 14.12.2020 and explained the whole matter and then he was told that an amount of Rs.902/- more is payable as processing charges, which was deposited on 18.12.2020 (Ann.E) along with matriculation certificate of daughter showing the name of father as Rishi Raj.  It is submitted that why the OPs did not inform the complainant about the need to deposit additional sum of Rs.902/- when the letter was sent for payment of interest on extension fee.

 

        It is pleaded that the Re-allotment Letter was issued on 24.3.2021 i.e. after six months period due to which the complainant was made to pay more in the shape of non-construction fee, so the non-construction charges for 5 months be exempted. It is also pleaded that the complainant having General Power of Attorney applied to OPs for No Dues Certificate for getting Conveyance Deed executed in the name of his daughter Dr.Esha.  It is also pleaded that the complainant was made to pay Rs.74,355/- towards Non-Construction Charges before issuance of NDC, so the complainant deposited the said amount on 5.4.2021 (Ann.F).  It is further pleaded that under Right to Service Act, 2018 only 5 working days are required for issuance of said certificate but it has not been issued even after a period of more than one month.  Hence, this complaint has been filed alleging unnecessary delay caused by OPs showing as deficiency in service due to which the complainant has to suffer financial loss, harassment and agony.     

 

2]      The OPs have filed reply and while admitting the factual matrix of the case, stated that the permission to transfer the plot in question was granted to the complainant vide letter dated 10.2.2021 (Ann.OP/4) after receipt of prescribed transfer fee and non-construction fee and then on the basis of application of Smt.Esha d/o Sh.Rishi Raj, dated 25.2.2021 the plot in question was transferred in her name vide letter dated 24.3.2021 (Ann.OP/5), as such Smt.Esha is the present allottee/owner of plot in question who vide application dated 5.4.2021 applied for issuance of No Dues Certificate.

 

        It is submitted that the plot in question is in the name of Smt.Esha w/o Sh.Hari Mohan, therefore, the present complaint filed by the complainant seeking direction for issuance of No Dues Certificate in respect of the said plot is not maintainable as the complainant is not the allottee of this plot.  More so, there is no relationship of Consumer and Service Provider between the complainant and OPs, therefore, the complainant has no locus standi to file the present complaint. It is also submitted that prayer of complainant for exemption from payment of non-construction fee cannot be allowed because issuance of NDC has no link with construction of building over the plot as the allottee is bound to raise construction of building over the plot and obtain Completion/Occupation Certificate for the same within the specific time period of allotment. It is pleaded that it is Smt.Esha, the present allottee, who has applied for No Dues Certificate vide application dated 5.4.2021, applied for NDC online on GMADA’s website so that further action may be done with Smt.Esha as the complainant has no relation with plot now.  Pleading no deficiency in service and denying other allegations, the OPs have prayed for dismissal of the complaint.

 

4]      Replication on behalf of complainant has also been filed whereby the complainant reiterated the assertions made in the complaint and controverting that of OPs made in their reply.

 

5]      We have heard the complainant in person, ld.Counsel for the OPs and have perused the entire record including written arguments.  

 

6]      The perusal of file reveals that the plot in question qua which the complainant sought relief against OPs by preferring present consumer complaint has admittedly been transferred/re-allotted in the name of Smt.Esha, daughter of complainant, as on 24.3.2021, whereas the present consumer compliant has been filed by complainant on 19.5.2021, which establishes that he has no locus standi to file the present complaint and seek any direction qua the plot in question.

 

7]      Furthermore the complainant also do not have any authorization/attorney in his favour from the owner of plot i.e. Smt.Esha to pursue the present complaint on her behalf raising grievance, if any, in respect of plot in question.

 

8]      Taking into consideration the above discussion & findings, we find not merit in the present complaint. Therefore, the complaint stands dismissed with no order as to costs.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

15^th March, 2023          

                                                                                       Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

 

Sd/-

(B.M.SHARMA)

MEMBER