SH. SANJAY KUMAR (PRESIDENT)

ORDER

16.02.2024

1.       The complainant has filed the present complaint alleging the deficiency in service on the part of OPS.

2.       The complainant is the allottee of 150 sq.mt plot bearing no. 76, Block-A, Sector-2, DSIDC Industrial Area, Bawana. It is further alleged that the DSIIDC developed a industrial area in Bawana and appointed its concessionaire to OP for services of maintenance, sweeping and other activity for its industrial area, from the month of April,2014 the OP-1 started charging Rs. 10sq.mt per month for sweeping and maintenance area from plot holders. It is further alleged by the complainant that in the month of December, 2022 the official of OP-1 cold the complainant and asked him to deposit maintenance charges to the tune of Rs. 2,32,058/- which includes the interest upto 31.12.2022. The complainant in the month of January, 2023 made the aforesaid payment as well as deposited the cheque of security amount of Rs. 2,32,058/- with OP-1 against the PDCs issued for the aforesaid payment. It is further alleged by the complainant that all the PDCs duly stand clear in the account of OP-1 but with the ulterior motive OP-1 deposited the security cheque for encashment and the same stands dishonored due to non payment.

3.       It is further alleged by the complainant that despite receiving the huge maintenance charges along with interest up to 31.12.2022 OP-1 again arbitrarily raised the maintenance charges of Rs. 2,44,421.90/- under the pretext of arrear and asked the complainant to pay the aforesaid amount. It is alleged by the complainant that the arbitrary demand of Rs. 2,44,421.90/-  is illegal and unjustified and as such vide email dated 13.06.2023 complainant protested against the same. However, OP-1 remained adamant on is demand and further threatened the complainant that electricity in the premises be disconnected on non payment of the aforesaid dues. It is further alleged by the complainant the aforesaid act and conduct of the OP squarely cover under the definition of unfair trade practice, hence, this complaint.

4.       The present complaint case is on admission stage. We have heard the arguments advance at the bar and have perused the record.

5.       Admittedly, the complainant run the factory (as per the copy of factory license certificate dated 29.05.2018) on the aforesaid premises bearing no. 76, Block-A, Sector-2, DSIDC Industrial Area, Bawana. The dues/maintenance charges raised by OP-1 was in respect to the industrial plot on which the factory of the complainant is running. The maintenance charges demanded by OP-1 are the statutory charges in respect to the commercial work carried out by the complainant on the aforesaid premises, hence, the dispute involved in the present complaint case is of payment of statutory dues raised by Development Authorities and as such the dispute in the present complaint case is not a consumer dispute.

6.       In view of the above discussion, we are of the considered opinion that in the present complaint no consumer dispute involved as such the complainant is not a consumer and this is a fit case for rejection on threshold being not maintainable before this Commission. File be consigned to record room.

Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.

Announced in open Commission on   16.02.2024.

Sanjay Kumar                                           Rajesh

               President                                                  Member