Haryana

Ambala

CC/181/2023

MANJIT KAUR. - Complainant(s)

Versus

SH SUMIT SINGH. - Opp.Party(s)

JAI PAL SINGH HUSBAND OF COMPLAINANT.

29 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Complaint case no.         :    181 of 2023

                                                          Date of Institution           :     18.05.2023

                                                          Date of decision    :     29.05.2023.

 

Manjit Kaur Wife of Jai Pal Singh, R/o H.No.1800, Sector-10, Ambala City.                                            

                                                                             ……. Complainant.

                                                Versus

         

1.       Shri Sumit Singh, J.E, HSVP, Sector-8, Ambala City.

2.       J.E Isham Singh O/O HSVP, Sector-8, Ambala City.

3.       Estate Officer, HSVP, Sector-8, Ambala City.

 

                                                                              ….….Opposite Parties.

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

                   Shri Vinod Kumar Sharma, Member          

                            

Present:       Complainant in person.

 

Order:        Smt. Neena Sandhu, President.

1.                This complaint has been filed by complainant, under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To get the illegal constructions and encroachments of House No.1182, Sector-10, Ambala City, removed and make the road clear for smooth flow of traffic and easiness of other residents of Sector-10, Ambala City.    

 

2.                Brief facts of the case are that complainant purchased a plot No.1181, Sector-10, Ambala City, in August, 2021. After paying all due fees, charges etc, HSVP granted her No Objection Certificate to construct her house. Complainant started construction on 20.10.2021. But complainant’s neighbours, Ms. Rajni Virk and Mr. Dara Singh of House No.1182, Sector-10, started creating hurdles/obstacles in construction work from the very beginning as they have feeling of animosity towards her family because they were using this vacant plot No.1181, Sector-10 as parking lot cum roaming and recreation ground for his pets a German Shepherd dog and a pet cat. Further one corner of the vacant plot was being used as dustbeen, saving monthly charges of Zamadar. After purchase of the said plot, three trolleys of garbage was lifted from there. Even till now, Mr. Dara Singh and his family keep throwing garbage occasionally on her plot and pick up quarrels with complainant if objected. Dara Singh is running a business of sale purchase of second hand cars from this House No.1182, Sector-10, which is illegal as per HSVP rules. He keep parked five-seven cars every time blocking the road in front of her house. He used to wash the cars in her plot, now on road in front of her house. As all of his privileges have gone, hence his animosity towards the family of the complainant. Mr. Dara Singh and his family has encroached 12 feet in front of road, by constructing concrete cemented blockades, making it a personal family sitting area, reducing it a mere 10 feet wide street making it difficult to bring Tractor-Trolley or Truck of construction materials on her plot. Mr. Dara Singh has constructed a big room covering all the backyard. This illegal construction is blocking construction of common wall. Even he has encroached HSVP land behind their house No.1182, Sector-10, Ambala. Complainant bought to the notice of Estate Officer, HSVP Ambala, about whole the matter through many written and verbal representations but nothing has been done so far by HSVP authorities. A special drive to remove illegal constructions and encroachments by residents of Sector-10, Ambala was undertaken by the HSVP on 08.02.2023 under the supervision of JE Shri Sumit Singh. But to the surprise of all, only and only House No.1182, was spared and left untouched by HSVP J.E. Otherwise all the encroachments and illegal constructions were removed by JCB Machine of HSVP. It is requested to Hon’ble President, DCDRC, Ambala to please ask the JE Sumit Singh the reasons for this special treatment for the House No.1182, Sector-10, Ambala, when even he had cutted approx. hundred of grown up trees, without any permission from forest department of Ministry of Environment, Government of India, which is must as per law of land, to cut the trees. This way, JE Mr. Sumit Singh was showing his efficiency to people but why he spared House No.1182, which has maximum illegal constructions and encroachments on road. The act and conduct of the OPs amounts to deficiency in service, hence, the present complaint. 

3.                We have heard the complainant and have carefully gone through the case file.

4.                Complainant has submitted that she made a complaint to the OPs regarding removal of illegal constructions and encroachment made by her neighbour of House No.1182, Sector 10, Ambala, but nothing was done by the OPs in this regard.

5.                The moot question which falls for consideration in this case is, as to whether, the complainant qualifies herself as consumer or not? It may be stated here that from the contents of the complaint itself, it is coming out from the  record that the complainant is aggrieved of the following act and conduct of her neighbourers i.e. Ms.Rajni Virk and Dara Singh Virk:-

1. Creating hurdles/obstacles in construction work on the plot of the complainant;
2. One corner of the vacant was being used for throwing garbage by them
3. Parking of five-seven cars every time blocking the road in front of house of the complainant.
4. Encroachment upon 12 feet of in front road, by constructing concrete cemented blockades, making it a personal family sitting area, reducing it a mere 10 feet wide street, making it difficult to bring Tractor-Trolley or Truck of construction materials on the  plot of the complainant.
5. Construction of a big room covering all the backyard i.e. illegal construction is blocking construction of common wall
6. Encroachment upon HSVP land behind house no. 1182, Sector 10. Ambala

6.                By citing the abovesaid act and conduct of the said neighbors, the complainant in this complaint has sought directions to the opposite parties, to get the illegal constructions and encroachments removed and make the road clear for smooth flow of traffic and easiness of other residents of Sector 10, Ambala City.

7.                It may be stated here that in the first sight only, it appears to be dispute between the neighbourers. The complainant has failed to prove that how she falls under the definition of consumer, qua the alleged disputes, referred to above, between her and her neighbourers. If the neighbourers have allegedly encroached some part of the road or has covered their own backyard by carrying out illegal construction and are parking cars in front of the house of the complainant or are throwing garbage near her house, then she has other various legal remedies by making complaints to the Authorities and in case no action is being taken by the said Authorities, as is being claimed by her in the present case, she has a remedy to take action against the said Authorities under civil court and not before this Commission because it is not a consumer dispute, as stated above. To avail remedy under the Consumer Protection Act, the complainant has to prove that she falls under the definition of consumer, as provided under the CPA 2019, which she has failed to do so. Accordingly, this complaint is dismissed in limine, being not maintainable, before this Commission.  However, complainant is at liberty to approach the civil court or any other platform of law for redressal of their grievances.  Certified copy of the order be supplied to the complainant, free of costs. File be indexed and consigned to the Record Room.

Announced on: 29.05.2023.

 

 

 

          (Vinod Kumar Sharma)            (Ruby Sharma)               (Neena Sandhu)

              Member                                 Member                         President