ESTATE OFFICER Vs. CHARANJIT KAUR

JUDGEMENT

(1.) This order shall dispose of three appeals bearing Civil Appeal No. 4964 of 2021 - Estate Officer v. Charanjit Kaur, Civil Appeal No. 4965 of 2021 - Estate Officer v. Kamlesh and Civil Appeal No. 4966 of 2021 - Estate Officer v. D.K. Khanna raising identical questions of law.

(2.) In Civil Appeal No. 4964 of 2021, the order of the National Consumer Disputes Redressal Commission(For short the 'NCDRC') dated 24.05.2017 is the subject matter of challenge. By the aforesaid order, the NCDRC has dismissed the revision petition filed by the appellant against an order dated 16.05.2016 passed by the State Consumer Disputes Redressal Commission(For short the 'SCDRC') affirming the order of the District Consumer Disputes Redressal Forum(For short the 'DCDRF'). The respondent had sought conversion of Plot No. 4059, Sector 46 D, Chandigarh, from leasehold to freehold site on acceptance of the requisite conversion fee. The learned District Forum directed the appellant to convert the said plot in question from leasehold to freehold site on acceptance of requisite conversion fee; to pay an amount of Rs. 10,000/- as compensation for mental agony and physical harassment; and to pay Rs.5,000/- as costs of litigation.

(3.) The learned NCDRC relied upon the judgment of this Court reported as Lucknow Development Authority v. M.K. Gupta (1994) 1 SCC 243 to hold that the respondent would be considered to be a consumer as fee had been charged by the appellant for conversion. The NCDRC further held that the administrator had put a note on the file that he would not like to take any decision till he gets clear directions from the Central Government. It was held that the appellant had not produced any public notification suspending all conversions of plots from leasehold to freehold, at least on 28.03.2013 when the application was received in the office of Estate Officer.