Haryana

Fatehabad

CC/189/2020

Dr. Geeta Choudhary - Complainant(s)

Versus

The Hisar Scholars Co-Operative House building society - Opp.Party(s)

U.K Gera

10 Jul 2023

ORDER

BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM; FATEHABAD.

C.C.No.189/2020.

Date of Instt.:  25.08.2020.

Date of Decision:  10.07.2023

Dr.Geeta Chaudhary wife of Sh.Arjun Singh Chaudhary, Geeta Nursing Home, Tau Devi Lal Market, G.T.Road, Fatehabad.

 

..Complainant

     Versus

1. The Hisar Scholars Co-operative House Building Society Ltd. through its President Smt.Kapila wife of Sh.Ashwani Kumar (D/O Narian Singh) Plot No.34-35, village Gangwa Hisar.
2. Assistant Registrar Co-operative Societies, Mini Secretariat, Hisar.
3. Deputy Registrar Co-operative Societies, Mini Secretariat, Hisar

                                                                  ..Opposite parties.

Before:                 Sh.Rajbir Singh, President

                             Smt.Harisha Mehta, Member.

                             Dr.K.S.Nirania, Member.

 

Present:      Sh.U.K.Gera, counsel for the complainant.

                   OP No.1 exparte vide order dated 23.02.2021.

                   Representative on behalf of Ops No.2 & 3.

 

ORDER

Sh.Rajbir Singh, President

                    Brief facts of the complaint are that the complainant purchased a plot No.27-D situated at village Gangwa in the society named as The Hisar Scholars Co-operative House Building Society Ltd. vide allotment letter on 12.11.1982; that she has already paid full amount of the plot besides the amount which falls in her share for the construction of road and water supply; that the Op No.1 illegally and wrongly cancelled the allotment of the plot in question in the month of October 2004 and further sold to one Deepak Kumar; that plot was re-instated in her name vide order dated 07.11.2007  passed by Asstt.Registrar; that the appeal preferred against the said order was dismissed by Deputy Registrar Co-op. Society on 06.10.2009;  that thereafter a civil suit was filed in civil court, Hisar which was also dismissed on 28.09.2013 and further revision thereof was also dismissed on 30.07.2014;  that  the Op No.1 has not listed the name of the complainant in the name of plot holders wrongly and illegally; that the complainant vide letters dated 11.09.2019 and 17.01.2020 followed by legal notice dated 27.07.2020  requested the Op No.1 for listing her name in the list of plot holders and for issuance of NOC but to no avail. The act and conduct of the Ops clearly amounts to deficiency in service and unfair trade practice on their part.

2.                          Notice was issued to Ops but Op No.1 did not appear before this Commission despite issuance of notice through registered post, therefore, it was proceeded against exparte vide order dated 23.02.2021.

3.                          Ops No.2 & 3 filed their joint reply wherein several preliminary objections such as cause of action, locus standi, jurisdiction and concealment of material facts from this Commission etc. have been taken. It has been further submitted that the complainant had moved an application dated 11.09.2019 for depositing of impending electricity bills, which was forwarded to Inspector, Co-operative Societies, Hisar for needful vide letter dated 12290 dated 26.09.2019; that necessary directions has already been issued to No.1 for allowing and calling upon the complainant to deposit her impending development charges, therefore, the complaint against replying Ops stand in-fructuous. Other contentions have been controverted and prayer for dismissal of the compliant has been made.

4.                          The parties have led their evidence in the form of affidavits and documents. The complainant has tendered in evidence  affidavit her affidavit Ex.CW1/A and documents Annexure C1 to Annexure C9 whereas no evidence on behalf of appearing Ops have been led.

5.                          Heard. The counsel for the complainant reiterated the averments made in the complaint and prayed for its acceptance whereas the appearing OPs reiterated the averments made in the written statement and prayed for its dismissal.

6.                          Undisputedly, vide allotment letter (Annexure C1) a plot bearing No.27D was allotted to complainant but that plot was later-on allotted to some other person, therefore, on the application of the complainant, said plot was re-instated in the name of the complainant on 07.11.2007 (Annexure C2).  Thereafter, appeal (Annexure C3) preferred by the Op No.1 was dismissed on 06.01.2009. Perusal of documents Annexure C5 & Annexure C6  reveals that litigations had taken place between one Inder Sain and parties to the present complaint. It is worthwhile to mention here that the ownership of the complainant still exists but the grievance of the complainant is that despite her being owner of the plot in question the Ops are not issuing the NOC by adding her name in the list of plot holders and regarding this she has already moved application/reminder to the Ops.

7.                          While deciding the appeal preferred by Op No.1 against the order dated 07.11.2007, Deputy Registrar has mentioned that the plot owner cannot be deprived of her rights.  Moreover, the complainant herself mentioned in her letter written to the Assistant Registrar that she is ready to make the outstanding dues, if any, lying against her with a request to prepare new list of owners as she has already constructed boundary wall and a room on the plot in question being owner in possession. 

8.                          It is established on the case file, that the complainant is owner in possession of the plot No.27-D and there is no legal impediment to issue NOC in favour of the complainant, therefore, we deem it proper to issue necessary direction to the Ops to issue NOC/No Dues Certificate to the complainant with regard to plot No.27-D in the society The Hisar Scholars Co-operative House Building Society Limited situated at village Gangwa.

9.                          For the reasons recorded above, we hereby allow the complaint with a direction to the OPs to issue NOC/No Dues Certificate to the complainant with regard to plot No.27-D in the society i.e. The Hisar Scholars Co-operative House Building Society Limited situated at village Gangwa Tehsil & District Hisar, within two months. The Ops are further directed to pay a lump sum amount of Rs.21,000/- (Rs.Twenty One Thousand), jointly and severally, towards compensation for harassment and mental agony etc. suffered by the complainant as well as for litigation expenses. The order be complied within a period of 45 days from today.

10.                        In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. This order be also uploaded forthwith on website of this Commission, as per rules, for perusal of parties herein. File be consigned to the record room after due compliance.     

Announced in open Commission:                                                            Dated:10.07.2023   

 

 

                                                                                               

                       (K.S.Nirania)        (Harisha Mehta)                      (Rajbir Singh)                                                  Member                  Member                                   President