Chandigarh

DF-II

CC/283/2019

Suresh Kumar - Complainant(s)

Versus

Chandigarh Housing Board - Opp.Party(s)

Harsh Nagra Adv. & Ritu Sharma Adv.

11 May 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	283/2019
Date of Institution	:	06.05.2019
Date of Decision	:	11.05.2022

 

                     

            

 

Suresh Kumar s/o Sh.Readhar Parsad r/o H.No.2804/2, Sector 49-D, Chandigarh.

                 ...  Complainant.

Versus

 

1.  Chandigarh Housing Board, 8 Jan Marg, Sector 9-D, Chandigarh through its Chairman.

 

2.  Department of Posts, O/o The Manager, National Sorting Hub, GPO Building, Sector 17, Chandigarh through its Manager.

…. Opposite Parties.

 

 

BEFORE:
	SMT.PRITI MALHOTRA,	PRESIDING MEMBER
	SHRI B.M.SHARMA	MEMBER
Argued by:-
	Sh.HarshNagra, Adv. for the complainant
	Sh.H.K.Aurora, Adv. for OP No.1 Sh.Vikas Kashyap, Adv. for OP No.2.

 

 

   

PER PRITI MALHOTRA, PRESIDING MEMBER

1.     Briefly stated, the facts of case as alleged by the complainant are that he purchased a flat from Sh.Prithvi Dhar and completed all the paper formalities as required by OP No.1 for transfer of the said flat in his name.  He also deposited an amount of Rs.28,062/-  along with GST Rs.5052/- as required by OP No.1 for transfer of the flat and subsequently Sh.Prithvi Dhar executed a deed in the name of the complainant.  It has further been averred that OP No.1 sent a letter regarding transfer of the flat to the complainant but the same was not received. On enquiry, OP No.1 vide letter dated 09.10.2018 stated the transfer letter was sent by speed post and the same has not been received back undelivered and he was requested to visit OP No.2.  OP No.2 verbally informed the complainant that the letter was misplaced and they were unable to track the same and the same will be delivered to him as and when found.  Thereafter, he received a letter dated 6.02.2019 whereby he informed that the letter sent to the complainant has been delivered by OP No.2 to Sh.Sanjay Kumar and  in order to get the transfer letter, the complainant has to apply for duplicate copy. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint. 
2.     In its written statement, OP No.1 has stated that the dwelling unit in question was sold by Sh.Prithvi Dhar to the complainant on 30.05.2018 who applied for transfer of the same on 08.06.2018 and the same was transferred in his name on the basis of the mutual transfer policy vide letter dated 13.08.2018 after completion of the formalities which was sent through speed post on 14.08.2018 at the given address.  According to the transfer letter, the complainant was required to execute the hire purchase tenancy agreement/agreement to sell within one month and lease deed thereafter failing which the allotment of the unit was liable to be cancelled.  The said letter has not been received back undelivered by the CHB and he was informed regarding the same vide letter dated 09.10.2018 and requested to approach OP No.2 in this regard. In the meantime, it was informed by OP No.2 vide letter dated 09.02.2019 that the said letter was delivered to Sanjay Kumar on 21.08.2018 by postman and the said fact was brought to the notice of the complainant vide letter dated 26.02.2019 and was requested to apply for issuance of duplicate transfer letter, however, he failed to apply for the same. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
3.     In its separate written statement, OP No.2 has stated that in reply to the letter dated 29.01.2019 received from OP No.1 regarding the non-receipt of the speed postdated 14.08.2018, it was informed that the disputed article was delivered to the addressee on 21.08.2018 by the postman. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
4.     We have heard the Counsel for the contesting parties and have gone through the documents on record.
5.     A perusal of the documentary evidence on file especially the affidavit dated 19.06.2020 filed by Sh.Sudhir Parashar, Chief Accounts Officer, Chandigarh Housing Board, Chandigarh reveals that the article in question/letter was delivered to the addressee/complainant on 21.08.2018, however, his name was wrongly typed as Sanjay Kumar in the letter dated 09.02.2019 which was addressed to CHB. It is further evident from the said affidavit that in terms of the said transfer letter, even the complainant had submitted the requisite agreement to sell with OP No.1 on 07.09.2018 against diary No.1261/2018/1 i.e. within a period of 30 days.  This fact is further corroborated from the letter dated 09.02.2019 (Ex.R-2/2) of OP No.2 wherein it was mentioned that the article in question was delivered to the addressee on 21.08.2018 at destined address.
6.     A perusal of the record further shows that during the pendency of the complaint, the complainant has also received a duplicate transfer letter which is evident from the note dated 19.01.2021 appended below the zimini order dated 15.01.2021.  Though he was asked by OP No.1 to apply for the same at an earlier occasion vide letter dated 26.02.2019. Since the complainant had completed all the formalities under the letter which alleged to have not delivered to him, therefore, it cannot be said that the complainant has suffered any loss on any occasion. In this view of the matter, we do not find any deficiency in service on the part of the OPs as alleged. 
7.     For the reasons stated above, the present complaint is dismissed with no order as to costs, leaving the parties to bear their own costs.
8.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 11/05/2022
	Sd/- (PRITI MALHOTRA) PRESIDING MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER