Haryana

Karnal

CC/351/2021

Tek Chnad - Complainant(s)

Versus

The Commissioner, Municipal Corporation - Opp.Party(s)

S.N Bhardwaj

10 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                          Complaint No. 351 of 2021

                                                          Date of instt.26.07.2021

                                                          Date of Decision:10.10.2023

 

Tek Chand son of Shri Sohan Lal, resident of Moti Nagar, Karnal. Mobile no.94675-82673.

                                                 …….Complainant.

                                              Versus

 

The Commissioner, Municipal Corporation, Karnal.

 

                                                                    …..Opposite Party.

 

      Complaint u/s 35 of the Consumer Protection Act, 2019

 

Before  Shri Jaswant Singh……President.      

      Shri Vineet Kaushik ………..Member

       

 Argued by: Shri S.N. Bhardwaj, counsel for the complainant.

                            Shri Deepak Sachdeva, counsel for the OP.

                                        

                (Jaswant Singh President)

ORDER:

 

                The complainant has filed the present complaint u/s 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is the owner of residential property/house bearing property ID 216C886U163 area measuring 92 sq. yards situated in Moti Nagar Colony, Karnal which is an approved colony. The OP charged the development charges and other charges from the complainant regarding his residential house. The dealing hand of the OP has wrongly directed the complainant for depositing of development charges as Rs.48,325/-@ Rs.525/- per sq. yards. The complainant who is a simple and senior citizen, has deposited Rs.48,325/- as development charges with the OP on 19.03.2021. The actual development charges in the abovesaid Moti Nagar Colony is Rs.120/- per sq. yards. The liability of the complainant was to deposit Rs.11,040/- at the rate of Rs.120/- per sq. yards as development charges  but dealing hand of the OP wrongly asked the complainant for depositing of Rs.48,325/-. As such, Rs.37,285/- has been taken as excess money from the complainant. OP has charged Rs.14,400/- @ Rs.120/- per sq. yards on 03.05.2021 regarding property ID 216C829U267 area/size measuring 120 sq. yards owned by Ram Saran situated in Moti Nagar Colony, Karnal and said house situated in the same street in front of the house of the complainant. From number of other owners the OP has charged development charges as Rs.120/- per sq. yards. Complainant visited the office of OP so many times and requested to refund the amount of Rs.37,285/- which has wrongly been charged from him but OP did not pay any heed to the request of complainant. Then complainant sent a legal notice dated 19.05.2021 to the OP but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP appeared and filed its written version, raising preliminary objections with regard to maintainability; cause of action; locus standi; mis-joinder and non-joinder of necessary parties and concealment of true and material facts. On merits, it is pleaded that Moti Nagar was regularized in 2004 and thereafter vide notification no.20/65/2018-6C1 dated 28.09.2018 Moti Nagar extension was regularized in 2018 under Civic Amenities and infrastructure deficient Municipal Areas (Special Provisions) Act-2016. As per instruction issued by the Government the development charges for the colonies regularized in 2004, declared in 2013 have been charged @ Rs.120/- per sq. yards for residential use, whereas for colonies declared and regularized in the year 2018 as per notification circulated, vide notification 8/27/2018-ICI dated 27.09.2018, Development charges have been fixed @ Rs.360/- per sq. meter or 5% of the collector rate, whichever is higher and the same are to be recovered from the owners/residents of the area falling under the declared colonies. In view of the instructions issued from time to time by the Government rates for development charges for Moti Nagar are Rs.120/- per sq. yards and for Moti Nagar extension are Rs.628/- per sq. meter and on the basis of survey, NDC portal has rightly calculated/charged the development charges from the complainant. It is further pleaded that on 01.09.2020, Government has launched a self-operated portal i.e.www.ulhrynde.org for payment and generation of “No Dues Certificate” and it is operate able by citizen only and are accessible for payment and if there is any discrepancy/doubt regarding online data with respect to the ownership documents available with the applicant/citizen himself, the applicant has option to raise the objection over the same portal alongwith related documents. The complainant had raised an objection over NDC portal for his property with incomplete documents having no details of khasra numbers, in absence of which it was not possible to clarify whether the property falls in Moti Nagar or Moti Nagar extension, therefore, vide order no.110/JC/MCK dated 22.03.2021, the claim of the applicant was rejected with the comments that “Ownership documents are incomplete without details of khasra numbers, also the sale deed not attached, only Intkal attached”.  The applicant was required to submit complete ownership record having details of khasra numbers, so that the same could be verified with the record available in the office of the OP and to make necessary change/correction. The colonies have been regularized/declared on the basis of khasra details and the development charges have been charged on the basis of khasra number details, or on the basis of ownership record available with the owner or on the basis of survey available on NDC portal. Since the complainant failed to produce any documents in support of his version, therefore, the claim of complainant was rightly rejected by the competent authority. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Complainant has tendered into evidence his affidavit Ex.CW1/A, copy of payment receipt dated 19.03.2021 Ex.C1, copy of payment receipt dated 03.03.2021 of Ram Saran Ex.C2, copy of postal receipt Ex.C3, copy of legal notice dated 19.05.2021 Ex.C4, copy of postal receipt Ex.C5, copy of reminder of legal notice Ex.C6 and closed the evidence on 19.04.2022 by suffering separate statement.

5.             On the other hand, OP has failed to conclude its evidence after availing several opportunities including last two last opportunities. Thus, the evidence of the OP was closed, vide order dated 04.07.2023 of the Commission.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that complainant is the owner of a house bearing property ID 216C886U163 area measuring 92 sq. yards situated in Moti Nagar Colony, Karnal. The OP had wrongly charged the development charges as Rs.48,325/-@ Rs.525/- per sq. yards from the complainant. The actual development charges in the abovesaid Moti Nagar Colony is Rs.120/- per sq. yards. As such, Rs.37,285/- has been taken as excess money from the complainant. OP has charged Rs.14,400/- @ Rs.120/- per sq. yards from one Ram Saran in the same street in front of the house of the complainant. From number of other owners the OP has charged development charges as Rs.120/- per sq. yards. Complainant visited the office of OP so many times and requested to refund the amount of Rs.37,285/- which has wrongly been charged from him but OP did not pay the same and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OP, while reiterating the contents of written version, has vehemently argued that on 01.09.2020, Government has launched a self-operated portal i.e.www.ulhrynde.org for payment and generation of “No Dues Certificate”. If there is any discrepancy/doubt regarding online data with respect to the ownership documents, the applicant has option to raise the objection over the same portal alongwith related documents. The complainant had raised an objection over NDC portal for his property with incomplete documents having no details of khasra numbers, in absence of which it was not possible to clarify whether the property falls in Moti Nagar or Moti Nagar extension, therefore, the claim of the applicant/complainant was rightly rejected and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Complainant has alleged that on 19.03.2021, OP has charged Rs.48,325/- @ Rs.525/- per sq. yards from the complainant as development charges. The actual development charges in the Moti Nagar Colony was Rs.120/- per sq. yards and the house of the complainant falls in the said colony. The onus to prove his case was relied upon the complainant. To prove his case, complainant has relied  upon the payment receipt NDC Ex.C1 dated 19.03.2021, wherein the house of complainant falls in the colony of Moti Nagar and the area of the plot is 92 sq. yards and OP has charged Rs.48,325/- as development charges. Complainant has also placed on file, payment receipt NDC Ex.C2 dated 03.03.2021 belonging to the house of one Shri Ram Saran, said house also falls in the same colony  and the area of the plot is 120 sq. yards and OP has charged Rs.14,400/- as development charges. From the abovesaid payment receipt, it has been proved that OP has charged the development charges from the complainant @ Rs.525/- per sq. yards whereas OP has charged the development charges from Ram Saran @ 120/- per sq. yards.

11.           OP has alleged that there are two colonies in the name of Moti Nagar and Moti Nagar Extension and there is difference with regard to development charges in the colonies. It has not proved that whether the house of complainant falls in the Moti Nagar colony or Moti Nagar Extension colony. As discussed above, it has been proved from the Ex.C1 that the house of complainant falls in Moti Nagar Colony and not in Moti Nagar Extension. Furthermore, OP has not leaded any evidence to prove its version. Hence, the evidence produced by the complainant goes unchallenged and unrebutted and there is no reason to disbelieve the same. Hence, the act of the OP amounts to deficiency in service and unfair trade practice. In view of the above, complainant is entitled for refund of Rs.37,285/- (i.e. excess charged amount) alongwith interest, compensation for mental agony and harassment and towards the litigation expenses.

12.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to refund Rs.37,285/-alongwith interest @ 9% per annum from the date of deposition till its realization. We further direct the OP to pay Rs.5,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. This order shall be complied with within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 10.10.2023

                                                                President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

                  (Vineet Kaushik)      

                      Member