Haryana

Karnal

CC/731/2019

Vijay Pal - Complainant(s)

Versus

The Haryana Urban Development Authority - Opp.Party(s)

Lajpat Rai Chuchra

06 Mar 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 731 of 2019

                                                        Date of instt.30.10.2019

                                                        Date of Decision:06.03.2023

 

Vijay Pal son of Shri Kalu Ram age 82 years, resident of house no.1034, Sector-6, Urban Estate, Karnal.

 

                                               …….Complainant.

                                              Versus

 

1.     The Haryana Urban Development Authority, Sector-6, HUDA Complex, Panchkula, through its Chief Administrator.

 

2.     The Estate Officer, Sector-12, Urban Estate, HUDA, Karnal.

 

                                                                      …..Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act, 1986 and after amendment Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.

              Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary…….Member

                   

 Argued by: Shri Vinod Dogra, counsel for the complainant.

                    Shri Rishi Ram Sharma, counsel for the OPs.

 

                    (Jaswant Singh President)

 

ORDER:   

                

                   The complainant has filed the present complaint Under Section 12 of the Consumer Protection Act, 1986 as after amendment under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant is a senior citizen aged about 80- years and as an allottee of the plot/house no.1034 situated at Sector-6, Urban Estate Karnal, vide letter no.15891 dated 05.08.1986. The possession of the said plot was delivered to the complainant, vide memo no.17537 dated 03.09.1986. After getting possession, complainant applied for permission to construct the ground floor which was duly sanctioned by OP no.2, vide memo no.1753 dated 20.02.1991. The complainant after constructing the ground floor as per approved site plan applied for completion/occupation certificate which was duly issued by OP no.2, vide memo no.532 dated 08.01.1994 subject to making payment of 3^rd enhancement, vide memo no.1034 dated 22.12.1986 for payment of additional price @ Rs.48.94 paise per sq. yard for the payment of Rs.8423.65 paise. Complainant without any doubt or raising any objection deposited the aforesaid amount, vide receipt no.367 dated 16.01.1987 and thereafter the OP no.2 issued an occupation certificate, vide memo no.532 dated 18.01.1994 subject to the payment of enhancement under stay. OP no.2 after issuing of 3^rd demand notice again issued the 4^th demand notice, vide memo no.4204 dated 19.04.1990 and the compensation is to be recovered @ Rs.17.30 paise per sq. yard and an amount of Rs.4283/- is recoverable from the complainant under condition no.9 of allotment letter. The price of said plot is subject to variation with reference to enhancement of compensation and thereafter again dispatched 5^th enhancement notice for Rs.40.30 paise per sq. yards vide memo no.4675 dated 25.04.1990 issued by OP no.2 as such an amount of Rs.6940.65paise is recoverable in respect of abovesaid plot and is to be deposited within 30 days from the date of letter issued failing which interest @ 15% per annum will be charged from the date of issue of the notice upto the date of payment and action under section 17 of HUDA Act will be initiated. All the above three enhancements/notices were found illegal, null and void and in that the complainant alongwith other allottees of sector-6 challenge all the three demand notices and filed suit for declaration and for rendition of account vide civil suit no.857 of 1984 which was decided in favour of allottees on 26.03.1999. In the abovesaid civil suit Hon’ble Court of Shri S.K. Khanduja Civil Judge, Junior Division Karnal given his finding under relief which is reproduced as under:-

“The impugned notices are hereby declared null and void and the defendants are restrained for resuming the plot in question and are directed to render the accounts to the plaintiffs, and the calculation made to be disclosed at the time of fixing enhancement and thereafter the demand notices shall be issued”.

But till date the re-calculation has neither made nor have the revised notices been issued by the OPs inspite of the decree passed since 26.03.1999. OPs did not render the account prepared by them and failed to disclose the manner in which the additional prices have been worked out as per HUDA policy of no profit no loss. Thus, resultantly conclusion is that all the three demand notices are bad in the eyes of law. Complainant applied for no dues certificate for getting the conveyance deed execute in his favour submitting full detail of account pertaining to installments/enhancement compensation alongwith court cases decided on with RSA pending but the complainant was forced to deposit 4^th and 5^th enhancement as per demand notices vide receipt no.047130 dated 17.11.2004 respectively under pressure. After depositing amount against the enhancement compensation issued by OP no.2 has issued the certificate of non-encumbrance vide letter dated 30.11.2004 and also got executed the conveyance deed in favour of complainant on 31.12.2004.  Thereafter, complainant made many requests to OPs for refund of 3^rd, 4^th and 5^th amount of enhancement alongwith interest as has charged by HUDA but OPs failed to refund the amount. Thereafter, complainant got filed CWP no.2087 of 2005 against the OPs which was withdrawn in lieu of affidavit filed by Executive Engineer and Senior Accounts Officer, HUDA. Learned counsel for the petitioner seeks leave to withdrew writ petition with liberty to approach the authorities concerned for redressal of remaining grievances if any accordingly the civil Writ Petition is dismissed as withdrawn with the liberty as prayed for.

2.             It is further averred that OPs neither response over the judgment passed by the Civil Court nor writ petition filed before Hon’ble High Court Punjab and Haryana at Chandigarh inspite of exhausting the aforesaid remedies for refund of the enhancement amount paid by the complainant. The complainant made requests through RTI to the OP no.2 on 18.02.2008, 01.04.2008 for the refund of the amounts in question but OPs did not give any reply to the requests of complainant. Thereafter, complainant got issued legal notice dated 01.03.2013 and also reminder of legal notice dated 25.10.2013 but it also did not yield any result. It is further averred that allottees including complainant has filed RSA no.3783 (O&M) on 21.02.2004 and the case has been decided alongwith other RSAs no.167/2000, RSA No.1974/2000, RSA no.2261/2000, RSA no.3783/2000, RSA no.1265/2000 and lastly RSA no.3645/2002, all filed by the allottees of sector-6, Urban Estate Karnal in favour of allottees Sector-6, Karnal. Thereafter, complainant alongwith other allottees made requests to the OPs for the refund of abovesaid enhancement charged from  the allottees with respect to RSA/3783-2000(O&M), which was decided on 21.02.2014. The seven appeals filed by the allottees stand allowed and the appeal filed by the OPS was dismissed. The OPs filed SPL vide CC no.8872/2016 titled HUDA Vs. Suman Gupta and others and the said petition was called for hearing on 12.05.2017 which was dismissed on the ground of delay as there was 692 days in filing the special leave petition. Complainant and other allottees of Sector-6 made request on 19.09.2018 to Deputy Commissioner, Karnal for arranging to refund the amount of 3^rd, 4^th and 5^th enhancement of sector-6 from HUDA. Consequent thereupon the State Jan Suchna Adhikari-cum-Estate Officer Karnal has informed by his letter no.8789 dated 18.10.2018 that the judgment and decrees of case titled Suman Lata Vs. HUDA and Krishan Mudgil Vs. HUDA decided by the Supreme Court have been followed and the benefits have been given to the complainants and the cases are under consideration with Accounts Branch of HSAMB Karnal. OP no.2 being RTI Officer has informed, vide his letter no.8789 dated 18.10.2018 that the decision of the High court has been complied with and the matter is under consideration with the Accounts Branch at Panchkula. OP no.2 has written letter no.91 dated 03.01.2019 to the OP no.2 that the Hon’ble High Court Punjab and Haryana has declared the enhancements of Sector-6, Urban Estate Karnal as illegal and void and the High Court has decided that the Board is directed to change the enhancement compensation by putting the burden of enhancement compensation of the entire land of the colony not to only on allottees of residential area but also on the allottees of the commercial property like cinema, shopping complex, school etc. after calculating the increased price and the petitioners would be intimated the increase price of their respective houses. Since then the matter has been lingering on by the OP no.1. The State Jan Suchna Adhikari-cum-Estate Officer Karnal has informed by his letter no.574 dated 07.02.2019 that judgment of Hon’ble Punjab and Haryana High Court dated 21.02.2014 have been complied with and the settlement of the 3^rd, 4^th and 5^th enhancement will be applicable upon whole of the sector-6 Urban Estate Domestic as well as commercial plot holders, so the Accounts Branch HUDA, Panchkula will decide over the matter. Again State Jan Suchna Adhikari-cum-Estate Officer Karnal has informed by his letter no.839 dated 22.02.019 and letter no.1666 dated 16.04.2019 that the CCF, HSVP Panchkula will re-set the calculation of 3^rd, 4^th and 5^th enhancement and on receipt of rate of enhancement will be informed to the complainant. OPs have been lingered on the matter knowingly and intentionally since 21.02.2014 the date on which the Hon’ble High Court decided the RSAs but the OPs have not complied the lawful orders of the Hon’ble High Court till date and thus they are liable to be prosecuted under the law. OPs have been causing mental torture, harassment, adopting unfair trade practice for their illegal gain and causing loss to the complainant, so the complainant is entitled to the compensation of Rs.1,00,000/- besides it a sum of Rs.1,00,000/- as litigation expenses from the OPs. Hence this complaint.

2.             On notice, OPs appeared and filed its written version raising preliminary objections with regard to maintainability; cause of action; locus standi; jurisdiction and concealment of true and material facts. On merits, it is pleaded that the plot no.1034, situated at sector-6, Urban Estate, Karnal was allotted to the complainant, vide allotment letter no.15891 dated 05.08.1986 and possession was also delivered, vide memo no.17537 dated 03.09.1986. It is admitted fact that the occupation certificate vide memo no.532 dated 10.01.1994 was issued to the complainant and memo no.1034 dated 22.12.1986 for payment of additional price was also issued to the complainant. The complainant deposited Rs.8430/- in the office of the OP no.2, vide receipt no.44/367 dated 16.01.1987 and occupation certificate was issued on 18.01.1994 to the complainant subject to payment of enhancement under stay. The notices were issued by the OP no.2 to the complainant, vide mo no.4204 dated 19.04.1990 and vide memo no.4675 dated 24.04.1990. The said notices are legal and valid one and the same have been issued by the OPs in accordance with the provisions of HUDA Act. It is pleaded that the complainant his own and voluntarily deposited Rs.24,100/- vide receipt no.047130 dated 17.11.2004 which were due towards the complainant. However, it is correct that the conveyance deed has been got executed in favour of the complainant on 31.12.2004. There is no deficiency in service and unfair trade practice on the part of the OPs. 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              Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of allotment letter dated 05.08.1986 Ex.C1, copy of letter dated 22.12.1986 Ex.C2, copy of application dated 16.01.1987 Ex.C3, copy of receipt dated 16.01.1987 Ex.C4, copy of letters dated 19.04.1990 and 25.04.1990 Ex.C5 and Ex.C6, copy of application moved by complainant to OP Ex.C7, receipt dated 17.11.2004 Ex.C8, copy of judgment dated 26.03.1999 Ex.C9, copy of letter dated 18.01.1994 Ex.C10, copy of certificate dated 30.11.2004 Ex.C11, copy of conveyance deed dated 31.12.2004 Ex.C12, copy of letter dated 18.12.2004 Ex.C13, copy of order dated 22.03.2006 Ex.C14, copy of application for RTI dated 18.02.2008 Ex.C15, copy of receipt dated 18.02.2008 Ex.C16, copies of applications for RTI dated 01.04.2018, 15.04.2018 Ex.C17 and Ex.C18, copy of order dated 01.07.2010 in RTI appeal Ex.C19, copy of legal notice dated 01.03.2013 Ex.C20, copy of letter dated 11.10.2017 Ex.C21, copy of letter dated 17.09.2018 by D.C. Karnal Ex.C22, copy of reply under RTI dated 18.10.2018 Ex.C23, copy of letter dated 03.01.2019 Ex.C24, copy of reply under RTI dated 07.02.2019 Ex.C25, copy of applications and their replies dated 15.02.2019, 22.02.2019, 12./03.2019, 16.04.2019 Ex.C26 to Ex.C29, copy of order of Hon’ble High Court dated 21.02.2004 Ex.C30 and closed the evidence on 02.11.2021 by suffering separate statement.

5.             On the other hand, OPs have tendered into evidence affidavit of Roshan Lal Bhan, Assistant Ex.RW1/A, copy of allotment letter Ex.OP1, copy of occupation certificate Ex.OP2, copy of no dues certificate Ex.OP3, copy of receipt of Rs.8430/- Ex.OP4, copy of notice for payment dated 19.04.1990 Ex.OP5, copy of notice dated 25.04.1990 Ex.OP6, copy of representation of allottee Ex.OP7, copy of notice dated 22.12.1986 Ex.OP8, copy of representation of allottee Vijay Pal Ex.OP9, copy of receipt dated 17.11.2009 of Rs.24100/- Ex.OP10, copy of judgment dated 26.03.1999 Ex.OP11, copy of conveyance deed Ex.OP12, copy of order of Hon’ble High Court dated 22.03.2006 Ex.OP13, copy of representation of allottee Vijay Pal Ex.OP14 and closed the evidence on 12.07.2022 by suffering separate statement.

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 of complainant, while reiterating the contents of complainant, has vehemently argued that complainant is an allottee of the plot/house no.1034 situated at Sector-6, Urban Estate Karnal. The possession of the said plot was delivered to the complainant on 03.09.1986. Complainant constructing the ground floor as per approved site plan and applied for completion certificate which was duly issued by OP no.2, subject to making payment of 3^rd enhancement of Rs.8423.65 paise. Complainant deposited the same. OP no.2 issued the 3^rd,  4^th demand notice thereafter again dispatched 5^th enhancement notice dated 25.04.1990. All the above three enhancements/notices were found illegal, null and void and in that the complainant alongwith other allottees of sector-6 challenged all the three demand notices and filed suit for declaration and for rendition of account vide civil suit no.857 of 1984 which was decided in favour of allottees on 26.03.1999 but till date the re-calculation has neither made nor have the revised notices been issued by the OPs inspite of the decree passed since 26.03.1999. Complainant applied for no dues certificate for getting the conveyance deed execute in his favour alongwith court cases decided on with RSA pending but the complainant was forced to deposit 4^th and 5^th enhancement as per demand notices under pressure. After depositing amount against the enhancement compensation, OP no.2 has issued the certificate of non-encumbrance and conveyance deed in favour of complainant on 31.12.2004.  Complainant made many requests to OPs for refund of 3^rd, 4^th and 5^th amount of enhancement alongwith interest as has charged by HUDA but OPs failed to refund the amount. Complainant got filed CWP no.2087 of 2005 against the OPs which was withdrawn. But OPs neither response over the judgment passed by the Civil Court nor writ petition filed before Hon’ble High Court Punjab and Haryana at Chandigarh inspite of exhausting the aforesaid remedies for refund of the enhancement amount paid by the complainant and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that occupation certificate was issued to the complainant subject to payment of enhancement. The notices were issued by the OP no.2 to the complainant dated 19.04.1990 and 24.04.1990  are legal and valid one and the same have been issued by the OPs in accordance with the provisions of HUDA Act and lastly prayed for dismissal of the complaint.

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

10.           Admittedly, the plot in question was allotted to the complainant, vide allotment letter dated 05.08.1986 and possession was also delivered to the complainant, vide letter dated 03.09.1986.

11.           Complainant had filed a civil suit no.857 of 1984 which was decided in favour of allottees on 26.03.1999. In the abovesaid civil suit Hon’ble Court of Shri S.K. Khanduja Civil Judge, Junior Division Karnal.

12.           Complainant including other allottees had filed RSA no.3783 (O&M) on 21.02.2004 and the same has been decided alongwith other RSAs no.167/2000, RSA No.1974/2000, RSA no.2261/2000, RSA no.3783/2000, RSA no.1265/2000 and RSA no.3645/2002, in favour of allottees. This fact has not been denied by the OPs.

13.           Thereafter, complainant alongwith other allottees made request to the OPs for the refund of the abovesaid enhancement charge from the allottees in respect of RSA no.3783 (O&M) on 21.02.2004, decided on 21.02.2014. Seven another appeals filed by the allottees also stand allowed and appeal filed by the OPs was dismissed. This fact also not denied by the OPs.

14.           OPs filed SPL vide CC no.8872/2016 titled HUDA Vs. Suman Gupta and others and the said petition was dismissed on 12.05.2017. Complainant and other allottees of Sector-6 made request on 19.09.2018 to Deputy Commissioner, Karnal for arranging to refund the amount of 3^rd, 4^th and 5^th enhancement of sector-6 from HUDA but OPs failed to comply the order passed by the Hon’ble Apex Court. OPs have been lingering on the matter since 2014, the date on which the Hon’ble High Court decided the RSAs.

15.           The relief sought in the present complaint has already been decided upto Hon’ble Apex Court. As per the version of the complainant, OPs have lingered on the matter since 21.02.2014. If the OPs did not comply the order passed by the Hon’ble High Court, complainant could have approached the Hon’ble High Court  by way of filing the contempt petition for compliance of the order. Moreover, OPs have filed affidavit Ex.RW1/A dated 12.07.2022, vide which OPs have specifically mentioned that OPs are going to issue fresh notices of demand after making the fresh calculation to the allottees of sector-6 Urban Estate, Karnal in compliance of the order of Hon’ble Punjab and Haryana High Court, Chandigarh. Hence, at this stage, the present complaint is also premature.

16.           Thus, as a sequel to abovesaid discussion, the present complaint is devoid of any merits and same deserves to be dismissed and same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:06.03.2023

                                                                       

                                                        President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

 

                (Vineet Kaushik)        (Dr. Rekha Chaudhary)      

                      Member                        Member