Haryana

Karnal

CC/471/2022

Manju Kaushik - Complainant(s)

Versus

The Estate Officer, Haryana Shehri Vikas Pradhikaran - Opp.Party(s)

03 Aug 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 471 of 2022

                                                        Date of instt.16.08.2022

                                                        Date of Decision:03.08.2023

 

Manju Kaushik w/o B.R. Kausik, aged 65 years, resident of House no.785, sector-7, Urban Estate, Karnal. Aadhar no.855797144394.

 

                                                …….Complainant.

                                              Versus

1. Estate Officer Haryana Sahari Vikas Pradhikarn Karnal.
2. Chief Administrator Sahari Vikas Pradhikarn Panchkula.

 

…..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.

              Shri Vineet Kaushik……Member

      Dr. Rekha Chaudhary…….Member

                   

Argued by: Complainant in person.

Defence of OPs was struck off (vide order dated       11.11.2022)

OPs proceeded exparte (vide order dated  04.07.2023)

 

                    (Dr. rekha Chaudhary, Member)

ORDER:                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant has a plot no.684/P in sector 4 Urban Estate, Karnal and the complainant deposited the extension fees of this plot regularly upto 2018 to the OP no.1 as per existing policy of OPs. OP no.2 revised the present policy of extension fees vide letter no.A-6-UB-2019/13461-62 dated 06.03.2019. The complainant deposited a sum of Rs.17424/- to the OP no.1 on the basis of pre-revised policy, vide cheque no.320998 dated 12.03.2019, just 6 days after the receipt of revised policy due to lack of knowledge regarding the receipt of revised policy. The extension fees of this plot comes to Rs.1750/- as confirmed by the OP no.1, vide letter no.1089 dated 17.02.2020. The difference of excess amount deposited by the complainant amounting to Rs.15674/- (Rs.17424-1750=15674/-) is refundable to the complainant. Thereafter, complainant sent request letters to the OP no.1, vide letter dated 24.01.2020 and 27.02.2020 for refund of the extension fees deposited by the complainant in excess of the amount due but neither any reply nor refund amount has been given by the OP no.1. Thereafter, complainant filed an RTI to OP no.2, vide letter dated 06.07.2020, which was duly replied by OP no.1 and in his reply OP no.1 stated that refund is not admissible under the revised policy, vide letter dated 24.07.2020. After receipt of the said letter, complainant sent letters dated 04.08.2020, 08.09.2020, 04.12.2020 to the OPs for refund of the extension fees i.e. Rs.15674/- but no reply has been received by the complainant. However, OP no.1 on repeated request of complainant sent the case of the complainant to the OP no.2, vide letter no.24 dated 06.01.2021 and again vide letter no.4253 dated 06.10.2021 for giving the benefit of revised policy to the complainant, after making necessary correction in the system of revised policy against the plot, so that refund is shown against the plot and refund may be given to the plot owner but no action seems to have been taken by the OP no.2 till date. Then complainant sent a notice dated 18.02.2022 and again by registered notice dated 08.06.2022 in respect of refund of extension fee but OP no.2 did not pay any heed on the genuine request of complainant. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice,  initially, Shri Amit Munjal Advocate and thereafter Shri Harbhajan Chauhan Advocate appeared on behalf of OPs but did not file its reply after availing several opportunities including last two opportunities, hence the defence of the OPs was struck off, vide order dated 11.11.2022 of the Commission. None has put into appearance on behalf of OPs from the last three adjourned date, thus the OPs were proceeded against exparte, vide order dated 04.07.2021 of the Commission.

3.             Learned counsel for the complainant has tendered into evidence her affidavit Ex.CW1/A, copies of letters dated 24.01.2020 and 27.02.2020 regarding refund of the excess amount of extension fees Ex.C1 and Ex.C2, copy of letter dated 17.02.2020 by OP no.1 to complainant regarding balance extension fees of Rs.1750/- Ex.C3, copy of application dated 06.07.2020 under RTI Act of complainant Ex.C4, copy of letter dated 24.07.2020 by OP no.1 to complainant regarding refund is not admissible under the revised policy dated 06.03.2020 Ex.C5, copies of reminders dated 04.08.2020, 08.09.2020, 04.12.2020, 18.02.2022, 08.06.2022 regarding refund of the excess extension fees for the year 2019 regarding the plot no.684/P, Sector-4,Karnal Ex.C6 to C8, Ex.C11 and Ex.C12, copy of letter dated 06.01.2021 and 06.10.2021 written by OP no.1 to OP no.2 regarding  giving the benefit of revised policy to the complainant, after making necessary correction in the system of revised policy against the plot no.684/P, sector-4, Karnal Ex.C9 and Ex.C10,  copy of Aadhar card of complainant Ex.C13, copy of re-allotment letter dated 03.11.2009 Ex.C14, copy of letter dated 06.03.2019 regarding extension in time limit for construction of residential/commercial plots beyond the stipulated period of 2 years Ex.C15 and closed the evidence on 06.01.2023 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             As per version of the complainant is that she is owner of the plot no.684/P in sector 4 Urban Estate, Karnal and deposited the extension fees of this plot regularly upto 2018 to the OP no.1. OP no.2 revised the policy of extension fees vide letter no.A-6-UB-2019/13461-62 dated 06.03.2019. The complainant deposited a sum of Rs.17424/- to the OP no.1 on 12.03.2019 as per previous policy, just 6 days after the receipt of revised policy due to lack of knowledge. As per the abovesaid policy, the extension fees of this plot comes to Rs.1750/-. So, complainant is entitled for the refund of Rs.15674/- as excess extension fees deposited by her.  Complainant requested the OPs so many times verbally as well as in writing for refund of the extension fees deposited by the complainant in excess but OPs did not refund the excess extension fees.

6.             The onus to prove her case was relied upon the complainant. To prove her case, complainant has placed on file documents Ex.C1 to Ex.C15. It is evident from the letters Ex.C1 and Ex.C2 dated 24.01.2020 and 27.02.2020, complainant requested the OPs for refund of the excess amount of extension fees. It is also evident from the letter Ex.C3 dated 17.02.2020, OP sent the information regarding balance extension fees of Rs.1750/-. It is also evident from the letter Ex.C5 dated 24.07.2020 by which OP stated that refund is not admissible under the revised policy dated 06.03.2020. It is also evident from copies of reminders dated Ex.C6 to C8, Ex.C11 and Ex.C1 dated 204.08.2020, 08.09.2020, 04.12.2020, 18.02.2022,and 08.06.2022 respectively written by complainant to OPs regarding refund of the excess extension fees for the year 2019 regarding the plot no.684/P, Sector-4,Karnal. It is also evident from the letters Ex.C9 and Ex.C10 dated 06.01.2021 and 06.10.2021 written by OP no.1 to OP no.2 regarding  giving the benefit of revised policy to the complainant, after making necessary correction in the system of revised policy against the plot no.684/P, sector-4, Karnal.  It is also evident from copy of letter Ex.C15 dated 06.03.2019, vide which OPs extended the time limit for construction of residential/commercial plots beyond the stipulated period of 2 years.

7.             To rebut the evidence produced by the complainant, OPs did not appear and opted to be proceeded against exparte. Hence, the evidence produced by the complainant goes unrebutted and unchallenged and there is no reason to disbelieve the same.

 8.            It has been well proved on record, OPs extended the time limit for the construction of the residential/commercial plots beyond the stipulated period of 2 years, vide its letter dated 06.03.2019.  Furthermore, OP no.1 vide its letters Ex.C9 and Ex.C10 dated 06.01.2021 and 06.10.2021 written to OP no.2 regarding giving the benefit of revised policy to the complainant. Complainant has also produced one letter during the course of arguments which is written by  Smt. Neelam Bala wife of Rajinder Prasad, house no.32, Sector 13 extension, Karnal, through which she has sought information under RTI Act, bearing letter no.2012 dated 05.07.2022 written by Estate Officer to Smt. Neelam Bala, vide which OPs have refunded the excess extension fees relating to plot no.302 Sector 8-II, Karnal, as per revised policy dated 06.03.2019. The case of the complainant also stands on the same footing. Complainant has also deposited the extension fees on 12.03.2019 as alleged and OPs revised the policy regarding extension fees on 06.03.2019. Hence complainant is entitled for the benefit of revised policy. Complainant deposited Rs.17,424/- and extension fees of the plot in question as per revised policy is Rs.1750/-. Thus, the complainant is entitled for the refund of Rs.15674/- (Rs.17424-1750=15674/-).

9.             In view of the abovesaid discussion, we allow the present complaint and direct the OPs to refund the amount of Rs.15674/- to the complainant with interest @ 9% per annum from the date of deposition till its realization. We further direct the OPs to pay Rs.5,000/- to the complainant on account of mental agony and harassment and Rs.5500/- towards 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:03.08.2023  

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Vineet Kaushik)                (Dr. Rekha Chaudhary)

                        Member                             Member