Chandigarh

DF-I

CC/609/2022

Varinder Kumar - Complainant(s)

Versus

The Estate Office, Chandigarh Administration - Opp.Party(s)

Deepak Aggarwal

13 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/609/2022
Date of Institution	:	20/6/2022
Date of Decision	:	13/11/2024

 

Varinder Kumar son of Sh Keemti Lal House No 2713 Sector 15, Panchkula 134113.

Complainant

 

Versus

 

1. The Estate Office, Chandigarh Administration Town Hall, Building, Sector 17-D. Chandigarh, 160017, through its Estate Officer/Authorized Signatory

2. Chandigarh Housing Board, Chandigarh Administration, 8, Jan Marg. 9-D. Sector 9, Chandigarh, 160022 through its Chairman/Authorized Signatory

3. Axis Bank, Ground Floor, Municipal Bhawan, Sector 35 A, Chandigarh, Chandigarh, 160035, through its Branch Manager.

.....Opposite parties

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR SURESH KUMAR SARDANA	MEMBER MEMBER

                       

ARGUED BY	:	Sh. Inderjeet Singh, Advocate for Sh. Deepak Aggarwal, Advocate for complainant.
	:	Sh. Sachin,Govt. Pleader for OP No.1
	:	Sh. Kartik, Advocate proxy for Sh. Vishal Sodhi, Advocate for OP No.2.
	:	Sh. Shivoy Dhir, Advocate for OP No.3 (defence of OP No.3 already struck off)

Per SURESH KUMAR SARDANA, Member

     Briefly stated that  the Ops No.1&2 in pursuance to the order of Punjab and Haryana High Court,  issued letter dated 16.05.2017, Annexure C-2 informing the complainant that as per decision of the Chandigarh Administration, it has been decided to allot Booth No. 108, Section 46, Chandigarh under the scheme known as allotment/transfer of built-up booth on lease/hire purchase, for which detailed terms and conditions will be issued separately. Thereafter, Letter of Intent (LOI) dated 24.05.2017, Exhibit C-3 was issued, wherein, it was informed by opposite party no.1 to the complainant that in lieu of draw of lots held on 03.08.2007 and in compliance of the order dated 06.04.2017 passed by the Hon'ble Punjab and Haryana High Court, it is intended to allot him the booth in question subject to various terms and conditions mentioned in the said LOI. and the complainant was asked to make payment of Rs. 17,033/-so as to complete one quarterly installment of the premium of land within a period of 30 days from the date of issuance of the said LOI, which was paid by the complainant on time. He was also asked to make payment of one quarterly installment @Rs.5,715/- towards the cost of superstructure of the said booth to opposite party no.2, which was to be deposited in Axis Bank, Sector 35, Chandigarh- opposite party no.3 which was paid by the complainant on time. Thereafter the booth in question was allotted in favour of the complainant vide allotment letter dated 11.08.2017, under Allotment Transfer of Built-up Booths in any Sector on Lease/Hire Purchase basis in Chandigarh Rules 1991 as amended from time to Wime, on lease hold basis for 33 years. The total price of the said unit was fixed at Rs.6.31.700 i.e. Rs.4.73,000 as cost of land and Rs. 1,88,700 as cost of structure Over and above the said sale consideration, the complainant was also liable to make payment of ground rent of Rs. 18.793/- for 33 years. After completing due formalities, possession of the booth in question was delivered to the complainant on 12.03.2018, by opposite party no. 1. The complainant by 30.04.2018 has paid a total amount of Rs.6.65,706/- against total cost of booth le against Rs.6.31,700/- and infrastructure and also ground rent of Rs. 15,793/- each, also stood paid by the complainant to OP no. 1. After making entire payment when the complainant requested the OPs No.1&2 to issue NDC  the OPs No.1&2 raised demand letter Exhibit C-7  asking the complainant to pay Rs.1,75,343.59 despite the fact the complainant has paid the entire amount by 30.4.2018. The complainant immediately approached OPs No.1&2 who intimated the complainant that one payment of Rs.1,47,270/-  has still not been paid. However, later on it came to the notice that due to some interse arrangements between the OPs the OP No.3 bank deposited the said amount under some other head in the account of OPs No.1&2. It is alleged that despite the matter was clarified the OPs did not issue NDC to the complainant even after visiting several times. Alleging the aforesaid act of OPs deficiency in service and unfair trade practice on their part, this complaint has been filed.

2. The Opposite Party NO.1 in its reply stated that on 18/11/2017, booth No. 108. Sector 40, Chandigarh was allotted to the complainant on lease/higher purchase basis for 33 years on the terms and conditions  that the cost of land of the booth was
   Rs.4,73,000 and the cost of structure was
   Rs.1,58,700/-, therefore, the total premium of the booth was assessed as Re 6,31,700/-. This amount was required to be paid by the complainant to the OP No. 1 the cost of land either in installments or in lumpsum within a period of 30 days from the date of issue of allotment letter without any interest as per terms and conditions No 4(ii) of the allotment letter. Further, the cost of structure was required to be paid to Chandigarh Housing Beard ether in installment or in lumpsum within a period of 30 days from the date of issue of allotment letter without any interest. The complainant neither deposited the quarterly installment nor deposited the cost of land as per terms and conditions of the allotment letter. The complainant deposited a sum of Rs 4,73,000 in the office of Estate Office, Chandigarh in the shape of Demand Draft  on 13/03/2018. The complainant further requested OP NO 1 vide Annexure OP1/B to issue No. Due Certificate. It is also mentioned here that complainant was required to pay a sum of Re 15,703/- as ground rent yearly for 23 years. The complainant visited the office of OP No. 1 for getting NDC regarding cost of land of booth and he was told by the officials many times that since he has failed to deposit the entire amount within the period of 30 days as per terms and condition of the allotment, so, therefore, the amount paid by him will be adjusted in quarterly installment and that installments are going to clear in the year 2029 and only thereafter, the NDC regarding the cost of land will be issued to him. Thus the present complaint is not maintainable before this Hon'ble Commission as the present complainant is neither a Consumer nor the OP 1 is a Service Provider. under the Consumer Protection Act, 1986. All other allegations made in the complaint has been  denied being wrong.
3. OP No.2  in its reply stated that complainant has not approached this Hon'ble Commission with clean hands and failed to disclose the complete information about pending payment for issuance of 'No Dues Certificate'. The present complaint is misconceived inasmuch as the complainant has still has outstanding to pay another amount of
   Rs.164238/-(including GST) towards the payment of cost of construction as per clause 4 (b) of the allotment letter with the answering party. The complainant has opted to pay the cost of structure to the answering party in terms of the allotment letter by way of 48 equated quarterly installments of each Rs.5715/- within twelve years alongwith interest @ 10% per annum or at such higher rate of interest as may be fixed by the Administration. Denying any deficiency on its part a prayer for dismissal of the complaint has been made.
4. Rejoinder was filed and averments made in the consumer complaint were reiterated.
5. Contesting parties led evidence by way of affidavits and documents.
6. We have heard the learned counsel for the contesting parties and gone through the record of the case.
7. The main grievance of the complainant is that the OPs  have not issued No Due Certificate towards the  allotted booth inspite of paying more money than required to be paid.
8. We have perused Annexure C-4 which is an allotment letter issued by OPs on 11.8.2017. The relevant clause of the allotment letter is reproduced herebelow:-

“(b) Cost of Structure:

     The cost of structure shall be paid to the Chandigarh Housing Board in the following manner:

vii) A sum of Rs. 5715/- (Rupees five thousand seven hundred & Fifteen only) paid to Chandigarh Housing Board by you has been adjusted against one installment of the cost of construction of booth. The payment of remaining premium as cost of superstructure can be made in any of the following manner:-

viii) In lump sum within a period of 30 days from the date of issue of allotment letter without any interest, OR

 

ix) Premium can be made in 48 quarterly equated installments within twelve years along with interest @ 10% per annum, or at such higher rate of interest as may be fixed by the Administration by a notification in official gazette i.e. Rs.5715/- (Rs. Five thousand seven hundred & fifteen only) each by 10th of the month in which it become due each year.

9. On perusal of the documents annexed by the complainant and the OPs, it is observed that the 2^nd EMI was due on or before 10.11.2017, which was deposited by the allottee and credited  with CHB on 21.11.2017. Since the cut off dae was 10.11.2017 for depositing the amount in lumpsum, hence, the complainant deemed to have opted to pay the balance amount in 48 EMI’s in equated installments each of Rs.5715/-.
10. In view of the above, the complainant has not paid all the EMIs till date so question of issue of NDC by the OPs does not arise at all. Hence, no case is made out against the OPs and the complaint being meritless deserves to be dismissed.
11. In view of the aforesaid discussion, the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs.
12. Pending miscellaneous application(s), if any, also stands disposed off
13.     Certified copies of this order be sent to the parties free of charge. The file be consigned

			[Pawanjit Singh]
			President
			[Surjeet Kaur] Member
13/11/2024			[Suresh Kumar Sardana]
mp			Member