Chandigarh

DF-I

CC/926/2016

Shri Jagwant Singh - Complainant(s)

Versus

Registrar, Cooperative Societies, Union Territory - Opp.Party(s)

Gurmukh Singh

13 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

                               

Consumer Complaint No.	:	CC/926/2016
Date of Institution	:	07/10/2016
Date of Decision	:	13/09/2018

Shri Jagwant Singh s/o Shri Charan Singh r/o House No.545, Sector 6, Panchkula.

… Complainant

V E R S U S

1.     Registrar, Cooperative Societies, Union Territory, Govt. Press Building, Sector 18-A, Chandigarh (deleted vide order dated 14.10.2016 of this Forum).

2.     The Swati Cooperative House Building First Society Ltd., Sector 49-A, Chandigarh through its President. 

… Opposite Parties

CORAM :	SHRI RATTAN SINGH THAKUR	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                                     

ARGUED BY	:	Sh. Varun Chawla, Vice Counsel for Sh. Anish Gautam, Counsel for complainant
	:	Sh. Praduman Yadav, President of the OP Society.

Per Rattan Singh Thakur, President

1.         The long and short of the allegations are, Chandigarh Administration had floated a scheme known as “The Chandigarh Allotment of Land to Cooperative House Building Societies Scheme, 1991” whereby the societies were to be allotted land for construction of flats on it to be allotted to its eligible members. One Sh. Arjun Lal s/o Sh. Ram Kishan Dass was a member of OP-2 society and he was allocated a dwelling unit of category ‘A’ in Sector 49-A, Chandigarh by the Chandigarh Housing Board vide letter dated 6.1.1995.  It is the case, Sh. Arjun Lal had sold the said allocation (dwelling unit to be allotted by the Society) to Mrs. Nirmal Cheema w/o Lt. Col. Jagjit Singh Cheema and executed sale agreement, affidavit etc. in her favour on 24.10.1997.  Shri Arjun Lal expired on 2.11.2001 and thereafter Mrs. Nirmal Cheema applied for transfer of share/ dwelling unit No.19 in her favour on the basis of Will dated 25.2.2002.  In response, a resolution was passed by the Society and it was resolved, Cooperative Department and Housing Board, Chandigarh be approached for approval of her request.  However, nothing concrete was done subsequent thereto.  It is the case, Lt. Col. Jagjit Singh Cheema had executed a Will in favour of the complainant, Sh. Jagwant Singh after the death of Mrs. Nirmal Cheema. Despite various correspondence, the inheritance of the flat in question was not done in favour of the complainant.  It is the case, there was provision for transfer of share certificate, but, OP-2 had not done so.  Hence, prayer is made for direction to OP-2 to transfer flat No.589, Sector 49-A, Chandigarh in favour of the complainant and pay damages @ Rs.20,000/- per month alongwith compensation and costs of litigation.
2.         Perusal of the record shows, this Forum on its own motion had deleted OP-1 from the array of OPs vide order dated 14.10.2016.
3.         OP-2 had contested the consumer complaint and filed its written statement. Various objections were raised of complainant not being a consumer and the consumer complaint being bad for non-arraying the L.Rs of deceased Shri Arjun Lal, the original allottee, as OPs in the consumer complaint.  The case is, mater pertains to inheritance and this Forum is ousted of the jurisdiction. On these lines, the cause is sought to be defended.
4.         Preliminary objection was raised qua the maintainability of the present consumer complaint and the OP had also produced on record a copy of the plaint which shows, LRs of deceased Shri Arjun Lal with regard to the flat in question had filed a civil suit against the present complainant and others which is pending disposal before the learned Civil Judge (Jr. Division), Chandigarh.  It was urged by the OP, instant consumer complaint is not maintainable so this question be disposed of preliminary.
5.         We have heard the learned counsels for the parties on the preliminary objection of maintainability of the consumer complaint and gone through the record of the case.  After appraisal of record, our findings are as under:-
6.         A perusal of the averments made in the body of the consumer complaint shows, original allottee was Shri Arjun Lal who had sold the dwelling unit in question to Mrs. Nirmal Cheema w/o Lt. Col. Jagjit Singh Cheema and after the death of Sh. Arjun Lal, on 2.11.2001, Mrs. Nirmal Cheema had applied for transfer of share in her favour on the basis of Will. The matter was agitated and it is also the case, Lt. Col. Jagjit Singh Cheema had executed a Will in favour of Complainant after the death of Mrs. Nirmal Cheema. There is linkage firstly of the initial allottee Shri Arjun Lal then purchaser on the basis of agreement with Mrs. Nirmal Cheema, then her husband Lt. Col. Jagjit Singh Cheema and then the present complainant, Shri Jagwant Singh on the basis of Will.  In favour of none of these persons the final allotment order was made by the OP.  More or less it is pleaded as if a civil suit for declaration has been filed regarding the transfer of title of the flat in favour of the complainant. This matter pertains to sale of immovable property which is governed by Transfer of Property Act, 1882 and even remotely the entire facts pleaded in the body of the consumer complaint do not make out that any consideration was paid by the first allottee, Sh. Arjun Lal and then by the subsequent so called purchasers and the matter is in exclusive domain of the civil court and there is no point to hold it to be a consumer dispute.
7.         The first allottee was Shri Arjun Lal who was allegedly allotted the dwelling unit in question. No permission from the quarter concerned was taken to sell it on the basis of agreement in favour of Mrs. Nirmal Cheema, deceased and then allegedly it was inherited by her husband Lt. Col. Jagjit Singh Cheema. Mrs. Nirmal Cheema seems to have predeceased Lt. Col. Jagjit Singh Cheema who had allegedly inherited it and willed it away in favour of Sh. Jagwant Singh. The matter is regarding succession of the property.  The question whether it was a valid sale or not is to be gone into by the civil court and regarding the immovable property when no consideration was paid, it cannot be construed that it is a consumer dispute inter se parties.   
8.         Not only this, even the legal representatives of Shri Arjun Lal, the first allottee had now filed a civil suit No.12541 of 2013 for declaration against the complainant and others regarding they being owner to the extent of 1/5^th share each in respect of flat No.589, which flat is covered in the present consumer dispute.  The complainant had played hide and seek role and had also not arrayed the legal representatives of first allottee, Shri Arjun Lal as OPs in the present consumer complaint.  Not only this, even before the filing of the present consumer complaint before this Forum on 7.10.2016, civil suit No.12541 of 2013 inter se legal representatives of deceased Shri Arjun Lal namely Smt. Nirmala Devi, Jitandra Bansal, Vikas Bansal, Smt. Nidhi Gupta and Sh. Brijesh Bansal had been filed against the present complainant and others. This fact was kept as a closely guarded secret by the complainant in the present consumer complaint.
9.         Examining the case from any angle, it is not a case of consumer dispute inter se parties, but, enforcement of legal rights of the persons regarding the flat in question and which matter is sub judice inter se parties and others before the learned Civil Court, Chandigarh. Therefore, in the light of contents of the instant consumer complaint, it is held, complainant is not a consumer and this consumer complaint is outside the scope of jurisdiction of the Consumer Protection Act, 1986.  Resultantly, the consumer complaint is not maintainable and is dismissed as such. Parties are left to bear their own costs. 
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
13/09/2018	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
hg	Member	Member	President