Haryana

Ambala

CC/131/2024

COL NIKHIL PAREEK - Complainant(s)

Versus

NAGAR NIGAM UTTAR - Opp.Party(s)

JAGDEV SINGH

05 Dec 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	131 of 2024
Date of Institution	:	15.05.2024
Date of decision	:	05.12.2024

 

Col Nikhil Pareek, Dir Gp Stn DSC, HQ PH & HP (1) Sub Area, PIN-901207, C/O 56 APO (Mobile No.8283838872)

…. Complainant

                                                Versus

Nagar Nigam Uttar, Jodhpur/Municipal Corporation (North), Jodhpur, Rajasthan.

.…. Opposite Party

 Before:      Smt. Neena Sandhu, President.

       Shri Vinod Kumar Sharma, Member.           

 

Present:       Complainant in person.

                    OP already ex parte vide order dated 18.07.2024.                

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

i) To refund the amount paid by the complainant and cancel the allotment alongwith interest @18% p.a.

ii) To pay compensation of Rs.50,000/- on account of mental agony and harassment alongwith interest @18% p.a.

2.             Brief facts of this case are the complainant is serving officer of Indian Army and presently posted as Dir Gp Stn DSC, HQ PH & HP (1) Sub Area Ambala Cantt. In the year 2012, the complainant had applied through a housing scheme of Jodhpur Municipal Corporation and on allotment of a plot deposited the balance amount. The application money was Rs.20,000/- and remaining sale consideration was Rs.1152590/-. The allotment letter in respect of the said plot was issued on 13 Aug 2012. It has been stated that the hard earned money was invested by the complainant, along others with a view/hope that Govt. sponsored and monitored scheme will not only provide a safe, hygienic environment but also provide a handsome return in terms of Property's value appreciation. However, after passing of 12 years, there was no development at the project site and even basic amenities like roads, sewerage, water etc. were not visible. The complainant had tried to file an online grievance on the portal https:/nnjnorth.in. However, the site does not support such online applications. Many letters were written to the OP in the matter between the years 2016-2023, but to no avail. An online grievance was put up on Rajasthan Government website at sampark.rajasthan.gov.in., but on 23 Jan 24, the SAMPARK Rajasthan Government website sent a SMS to the complainant wrongly proclaiming that the grievance has been resolved. A representative of the complainant had personally gone to the OP on 30 April 2024 to inquire about the Patta/other documents in respect of the plot, however now the OP has said that the concerned file is not traceable. Even email dated 09 May 2024 was also written to the OP in the mater but to no avail. Hence, the present complaint.
3.           Upon notice, none has appeared on behalf of the OP before this Commission, therefore, it was proceeded against ex-parte vide order dated 18.07.2024.
4.           Complainant tendered his affidavit as Annexure C-A alongwith documents as Annexure C-1 to C-35 and closed the evidence of the complainant.
5.           We have heard the complainant and have also carefully gone through the case file.
6.           Complainant has submitted that by neither allotting a plot in the project in question; nor completing the development and construction work at the project site; nor delivering possession of the said plot; nor refunding the amount paid in respect of the plot in question, the OP has deficient in providing service.
7.           From the documents submitted by the complainant, particularly the letter dated 13.08.2012 (Annexure C-13) issued by the OP, it is evident that the complainant was successfully declared in the lottery/draw for the allotment of the plot in the project of the OP. The total sale consideration for the plot was fixed at Rs.11,72,590/- of which Rs.20,000/-  was paid as a booking amount by the complainant. However, despite that, as per the definite case of the complainant, the OP failed to fulfill its obligation to either complete the development work at the site, deliver possession of the plot, or provide any communication or updates to the complainant regarding the progress of the project. Moreover, the complainant, as per Annexure C-18 (an email dated 21.05.2024), repeatedly contacted the OP to either take back the plot or develop the project.
8.            It is significant to mention here that, as stated above, notice of this complaint was sent to OP seeking its version, yet, nobody appeared on its behalf, despite service,  as a result whereof, it was proceeded against ex parte vide order dated 18.07.2024. The non-appearance of the OP shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted, and as such, we have no reason to disbelieve the contention of the complainant, which is duly supported by documentary evidence.  Given that the OP has neither provided the plot nor fulfilled any of its obligations related to the development and possession, the complainant is entitled to get the refund of the amount paid by him along with interest. The complainant has been deprived of his rightful allotment and possession of the plot for over a decade, which has caused financial loss and emotional distress and thus the said act of the OP amounts to deficiency in providing service.
9.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP, in the following manner:-
   1. To refund the amount paid by the complainant, in respect of the plot in question alongwith interest @6% p.a. from the date of receipt of the same, till realization.
   2. To pay Rs.5,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.3,000/-, as litigation expenses.  

                The OP is further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OP shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room. 

Announced:- 05.12.2024.

 

(Vinod Kumar Sharma)		(Neena Sandhu)
Member		President