District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 28/2023.
Date of Institution:13.01.2023.
Date of Order:12.05.2023
Sourabh Malhora son of Shri J.L.Malhotra R/o H.No. 953, Sector-17, Faridabad.
…….Complainant……..
Versus
1. The Estate Officer, Haryana Shehri Vikas Pradhikaran, Ambala, SCO No. 7 & 8, Sector-7, Ambala City – 134003, Haryana.
2. The Estate Officer, Haryana Shehri Vikas Pradhikaran, Sector-12, Faridabad.
3. The Chief Administrator, Haryana Shehri Vikas Pradhikaran, C-3, Sector-6, Panchkula.
…Opposite parties
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Amit Kumar Sharma , counsel for the complainant.
Sh. Kamal Bhati , counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant was initially allotted plot No. 702, Sector-1D34-Cant , Ambala by Haryana Urban Development Authority on 27.05.2005. The possession of the pot was offered to the complainant on 16.06.2008. The physical possession of the plot was never given to the complainant as it was under encroachment as was evident from the photographs already supplied to the opposite parties. The complaint made number of requests to the opposite parties to allot alternative plot in Sector-34 but to no avail. The opposite parties after considering the encroachment over the plot as well as requests made by the complainant, re-allotted/exchanged plot NO. 1052, Sector ID 34-Cant, Ambala on 05.10.2018. Vide letter dated 30.10.2017, referring to earlier letters dated 13.02.2013 and 13.07.2013 a penalty of Rs.1,59,183.20 was imposed with a direction to deposit the amount of Rs.15,91,832/- alongwith the amount of penalty within 30 days. In response to the aforesaid letter, a reply was sent to the opposite party No. stating that question of imposing the extension fee, interest etc. should not had been imposed because alternative plot was not allotted to the complainant. Since plot No. 1052 was re-allotted on 05.10.2018, so question of imposing extension fee, penalty deposit of the amount prior thereto did not arise. In view of the facts and circumstances mentioned herein above, it was requested that complainant be issued afresh statement of account from the date of offer of possession date d05.10.2018 of the re-allotted plot No. 1052 in accordance with the rules and regulations of the opposite parties. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) waive off the penalty and interest amount and other charges prior to the date of offer of possession viz. 5.10.2018.
b) measure and demarcate plot No. 1052, Sector-34-Cant, Ambala in the presence of the complainant or his representatives with prior limitation.
c) handover the physical possession of the plot No. 1052, Sector-34 Cant, Ambala, after physical verification of the spot.
d) pay interest @ 12% p.a. pm the deposited amount till the delivery of physical possession of alternative plot No. 1052, Sector-34-Cant. Ambala.
e) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .
f) pay Rs. 50,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complainant had not come to the Hon’ble Court with clean hands and had concealed the material facts, it was submitted that the originally the plot No. 792, Sector-34, Cantt. Ambala area 300 sq. meter was allotted to the complainant vide allotment letter bearing memo No. 4630 dated 27.5.2005 for a total tentative price of Rs.8,97,000/- and out of the said amount the complainant had deposited 10% amount of Rs.89,700/- at the time of application and 15% amount i.e Rs.1,34,550/- was deposited on 13.06.2005. The complainant had not deposited the installment son due dates as per the schedule and no possession was every demanded by the complainant. Thereafter notice u/s 17 (1) of HSVP dated 09.02.2007 was issued to the complainant for depositing the installment of Rs.1,23,340/- and thereafter another notice u/s 17(2) of HSVP Act dated 16.7.2008 was issued in this respect and on 18.8.2008 one Advocate namely Jagtar Singh appeared before the office on behalf of complainant and stated that all the dues would be deposited within 15 days, but despite the same no amount was deposited by the complainant for his
installments. Hence, show cause notice u/s 17 (1) of HUDA Act, 1977 was issued to the complainant on 18.2.2013 to deposit the due amount of Rs.11,49,335/- upto 13.2.2013 (subject to audit), but he did not deposit ay payment, hence again notice for hearing u/s 17 (2) of HSVP Act, 1977 was issued to deposit the outstanding amount of Rs.12,63,701/- and extension fee of Rs.24,204/- with service tax(subject to audit). Thereafter the complainant raised some objections that this plot was under encroachment and annexured some photographs with a submission to waive off the extension fee. Thereafter an alternative plot No. 1052, Sector-34 was allotted to the complainant in lieu of plot No. 792, Sector-34, thereafter on 18.11.2021 a show cause notice u/s (1) of HUDA Act and another notice 17(2) was given to the complainant to deposit the penalty of rs.2,00,034.10 upon the complainant and further directed the complainant to deposit Rs.20,00,341/- alongwith penalty of Rs.2,00,034.10 within a period of 30 days from the date of issue of this letter, but the complainant did not deposit the said amount and files this false complaint with false averments and without jurisdiction by misleading the present Commission to take undue advantage. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party–HUDA with the prayer to: a) waive off the penalty and interest amount and other charges prior to the date of offer of possession viz. 5.10.2018. b) measure and demarcate plot No. 1052, Sector-34-Cant, Ambala in the presence of the complainant or his representatives with prior limitation. c) handover the
physical possession of the plot No. 1052, Sector-34 Cant, Ambala, after physical verification of the spot. d) pay interest @ 12% p.a. pm the deposited amount till the delivery of physical possession of alternative plot No. 1052, Sector-34-Cant. Ambala. e) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment . f) pay Rs. 50,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Sourabh Malhotra, Ex.C-1 – Allottee Account Statement, Ex.C-2 – letter regarding plot No. 792, Sector-34, Ambala, Ex.C-3 – Allottee Account statement, Ex.C-4 - show cause notice, Ex.C-5 - letter, Ex.C-6 - memo No. U.B.A-6-2013/7934-57 dated 18.02.2013.
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party Ex.RW1/A – affidavit of Darshan Kumar, HCS, estate Office, Haryana Shahri Vikas Pradhikaran, Ambala.
6. As per the affidavit tendered by the Estate Officer, HUDA, it is an admitted fact that the possession of plot No. 1052, Sector-34, Faridabad was offered by the opposite party on 05.10.2018 to the complainant and notice u/s 17(1) of HUDA Act was given to the complainant on 18.11.2021. After that the complaint was filed by the complainant before the District Consumer Disputes Redressal Commission, Faridabad.
7. After going through the affidavit tendered by Shri Darshan Kumar, HCS, Estate Officer, Ambala, there are two issues in this complaint:
i) Jurisdiction
ii) Recovery
Jurisdiction:
This application was filed by the complainant u/s 34 amended at 2019 of the Consumer Protection Act. As per new Act, complainant can file the complaint where he resides etc. In this case Sourabh Malhotra resides in H.No. 953, Sector-17, Faridabad since 20 years. Allotment was initially issued to the Sourabh Malhotra in the year 2005. Complainant Sourabh Malhotra is struggling since 2005 more than 20 years. There is no question of jurisdiction. The complaint filed before this Commission which is tribal.
Recovery:
As per the affidavit given by Estate Officer, HUDA, this is an admitted that that the possession was given to the complainant after a span of 18 years on 05.10.2018. No physical possession was delivered to him. Even no demarcation was given to the complainant. It shows the deficiency on the part of the opposite party.
8. Keeping in view of the above submissions, the Commission is of the opinion that the complaint is allowed with the direction to opposite party to over the account of the complainant and waive of the penalty and interest amount and other charges Prior to offer of possession dated 05.10.2018 and give the demarcation of plot No. 1052, Sector -34, Ambala Cantt and hand over the physical possession to the complainant and also to pay interest @ 12% p.a. on the deposited amount within 30 days from the date of order. Failing which the opposite party will pay Rs.50,000/- as compensation for causing mental agony & harassment alognwith Rs.22,000/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy
of this order. In case of non compliance, Estate Officer, HUDA will bear this cost from his own pocket Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 12.05.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
