Haryana

Karnal

139/2013

Suman lata W/o B.K. Gupta - Complainant(s)

Versus

Haryana Urban Development Authority - Opp.Party(s)

Lajpat Rai Chuchra

15 Mar 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                               Complaint No.139 of 2013

                                                             Date of instt.: 13.3.2013

                                                               Date of decision:15.03.2017

 

Smt. Suman Lata wife of Shri B.K.Gupta, resident of house no.779, Sector-6, Urban Estate, Karnal.

 

                                                                                                                                        ……..Complainant.

                                      Vs.

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

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

                                                                            

      ………… Opposite Party.

 

                     Complaint u/s 12  of the Consumer Protection Act.

 

Before                   Sh.K.C.Sharma……….President.

                   Sh.Anil Sharma…….Member.

 

Present:-       Sh. L.R.Chuchra  Advocate for the complainant.

                    Sh. R.R.Sharma Advocate for the Opposite parties.

                  

 ORDER:

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer protection Act 1986, on the averments that she was allotted plot no.779, sector-6, Urban Estate, Karnal, vide allotment letter no.24497 dated 25.5.1982.  The possession of the said plot was delivered to her, vide memo no.24299 dated 30.12.1986. Thereafter, she applied for permission to raise construction of the ground floor. Necessary sanction in that regard was granted by the opposite parties, vide letter no.1152 dated 5.2.1991. After construction of the ground floor as per the sanctioned site plan she applied for completion/occupation certificate, which was issued by the opposite parties, vide letter no.6689 dated 29.4.2012. Thereafter, she applied for “No Dues Certificate” and getting  conveyance deed executed in her favour on 8.8.2012. In the said letter she mentioned full details of the accounts/amounts pertaining to installments/enhanced compensation alongwith court cases pending and copies of judgment and decree dated 26.7.1996 as well as Regular Second Appeal no.1974/2000 and the stay order issued by Hon’ble High Court in respect of the 5^th installment. Thereafter, she also served a legal notice upon the opposite parties, but no reply to the same was given. Inspite of exhausting available remedies, she asked the opposite parties through application under Right to Information Act to supply the “No Dues Certificate” and refund the balance amount if any. The opposite party no.2 issued letter no.12380 dated 17.10.2011 asking her to deposit interest @ 15% per annum simple as per court order, enhancement compensation as per CWP no.1479 of 2001 and amount of pending enhancement with simple interest @ 15% per annum, which was due. The total amount of Rs.1,13,680/- was demanded by opposite party no.2, whereas as per the calculation got prepared by her with the help of Chartered Accountant, she was to recover the excess amount to the tune of Rs.6085.25. The Opposite parties raised illegal and baseless demand of Rs.1,13,680/-. Such acts and conduct on the part of the opposite parties amounted to deficiency in service, which caused her harassment and mental agony.

2.                Notice of the complaint was given to the opposite parties, who appeared and filed written statement controverting the claim of the complainant. Objections have been raised that the complaint is not legally maintainable; that the complainant has not approached this forum with clean hands; that the complainant has no cause of action; that the complaint is misuse of process of law and that the complaint is false and frivolous and has been filed with an ulterior motive.

                   On merits, it has been submitted that plot no.779 sector-6, Urban Estate Karnal was allotted to the complainant, vide letter no.24497 dated 26.5.1987 and possession was offered vide memo no.9832 dated 19.4.1986. The Occupation Certificate for the ground floor was issued on 19.4.1992. The complainant applied for “No Dues Certificate” as well as to get conveyance deed registered in her favour on 8.8.2012. However, as per the policy/instruction issued by competent authority until and unless the arrears of the plot in question were cleared, No Dues Certificate could not be issued. Moreover, RSA titled as Suman Lata Versus HUDA was pending before the Hon’ble Punjab and Haryana High Court in respect of the plot in question, therefore, no conveyance deed could not be executed and got registered. An amount of Rs.1,50,286/- was outstanding against the complainant regarding additional amount/enhancement compensation alongwith interest there upto 11.7.2013 and she was bound to pay the same. Since she had not deposited the due amount, conveyance deed could not be issued. It has further been pleaded that the complainant sought information from the office of opposite parties and the same was supplied. She even preferred appeal before the appellate authority, which was disposed of under intimation to her. The other averments made in the complaint have not been admitted.

3.                In evidence of the complainant, her affidavit EX.CW1/A and documents Ex.C2 to C22 have been tendered.

4.                On the other hand, in evidence of the opposite parties, affidavit of Darshan Singh clerk Ex.RW1/A and documents Ex.R1 to Ex.R3 have been tendered.

5.                We have appraised the evidence on record, the material circumstances of the case and the arguments advanced by the learned counsel for the parties.

6.                Admittedly, the complainant was allotted plot no.779 sector-6, Urban Estate, Karnal by the opposite parties, vide letter dated 25.5.1982. Possession was delivered to her on 19.4.1986. Sanction for construction of ground floor was granted, vide letter dated 5.2.1991 and completion certificate was issued on 29.4.1992. Thereafter, complainant sent letter dated 8.8.2012 for issuance of “No Dues Certificate” and execution and registration of conveyance deed in her favour.

7.                The complainant has alleged that the opposite parties wrongly and illegally raised demand of Rs.1,13,680/-, vide letter dated 17.10.2011, whereas according to the calculation prepared by her with the help of Chartered Accountant she was entitled to get refund of the excess amount Rs.6,085.25 paid by her to the opposite parties. The opposite parties in the written statement have submitted that “No Dues Certificate” could not be issued to the complainant and conveyance deed could not be executed and got registered in her favour as she had not paid the outstanding dues and the litigation between the parties i.e. RSA no.1974 of 2000 was pending before Hon’ble High Court.

8.                The complainant has produced the copies of judgment and decree sheet dated 26.7.1996 passed in Civil Suit no.180 of 1992, Judgment dated 21.2.2014 passed by Hon’ble Punjab and Haryana High Court in RSA no.3783 of 2000 and order of Hon’ble Supreme Court of India dated 12.5.2016 in Special Leave Petition against the order dated 21.2.2014 passed by Hon’ble High Court in RSA no.1974 of 2000. From these documents it stands established that the litigation between the parties has been finally decided and at present no litigation is pending. The complainant has also filed her affidavit in this regard.

9.                The copy of the judgment dated 26.7.1996 in Civil Suit no.180 of 1992 shows that the complainant and eleven other persons had challenged the notices of demand issued by the opposite parties regarding additional price/enhancement and their suit was decreed. The notices issued were declared null and void and the defendants of that suit i.e. the opposite parties were restrained from realising the additional enhanced price as mentioned in the impugned notices and for resuming the plots in question except in due course of law. However, the opposite parties were held entitled to recover the amount of additional price after making it payable proportionately in terms of clause 9 of the allotment letters. The appeal filed by the opposite parties was accepted, therefore, the complainant and the other persons filed RSA no.1974 of 2000 before Hon’ble Punjab and Haryana High Court, which was decided alongwith RSA no.3783-2000, vide judgment dated 21.2.2014. The appeal was accepted and the judgment/decree passed by learned Additional District Judge was set aside. However, HUDA was granted liberty to reconsider the matter after reexamining the official record and issue fresh additional demand notices to the allottees-appellants, in accordance with law and keeping in view the observations made in the said judgment. Petition for Special Leave to Appeal filed by HUDA was dismissed on 12.5.2016. Therefore, in view of the aforesaid judgment of Hon’ble High Court, the opposite parties can issue fresh notice of demand to the complainant after examining the official record in accordance with the law and in the view observations made in the judgment. However, the opposite parties have not issued any fresh demand notice to the complainant in view of the observations of the Hon’ble Punjab and Haryana High Court.

10.              As a sequel to the foregoing discussion, the complaint is accepted to the extent that the opposite parties are directed to issue fresh demand notice if any amount remains due towards the complainant as per observations of Hon’ble Punjab and Haryana High Court in RSA no.1974 of 2000, within 30 days and thereafter the complainant would deposit the demanded amount, if any, within 30 days of the receipt of the such notice and then the opposite parties would issue “No Dues Certificate” and execute and get registered the conveyance deed in favour of the complainant within 30 days of depositing the due amount by her. It is also clarified that if on calculation as per observations of Hon’ble High Court, it is found that the complainant had deposited excess amount, then the same be refunded to her alongwith interest thereon @ 9% per annum from the date of filing the complaint till its realization.  We further direct the opposite parties to pay Rs.11,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation. This order shall be complied accordingly. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:15.03.2017

                                                                                      (K.C.Sharma)

                                                                                         President,

                                                                             District Consumer Disputes

                                                                             Redressal Forum, Karnal.

                             (Anil Sharma)

                               Member