SITA DEVI Vs. HARAYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Challenge in this revision by the complainant is to the order dated 23.4.2010 of Consumer Disputes Redressal Commission, Haryana, Panchkula dismissing appeal against the order dated 3.3.2010 of a District Forum. The District Forum had partly allowed the complaint with direction to the respondent/opposite party Authority to pay amount of Rs. 5,000 as compensation and cost on ground of lethargic attitude of Authority in issuing notice of composition on 20.12.2006 while the inspection of the house was made by the J.E. on 18.9.2006.

(2.) Petitioner alleged that after having completed construction of the house on the allotted plot, he submitted forms BR-IV and BR-V with the respondent on 6.9.2006 for issuance of completion certificate. J.E. of the respondent authority inspected the house of the petitioner on 18.9.2006 and assessed the composition fine at Rs. 26,835 and sent the file to the SDE, Survey and Administrator for according approval. In the meantime, new policy was announced by the Government on 28.9.2006. Under this policy, an amount of Rs.59,824 was demanded towards composition fee for the violations in the house which the petitioner paid. Petitioner alleged that he is entitled to the refund of Rs. 32,989 paid in excess with interest from the respondent authority. Complaint filed by the petitioner was contested by filing written version by the respondent authority. It was, inter alia, alleged that the house of the petitioner was visited by the J.E. on 12.9.2006 and the same was found locked. Complaint by the District Forum and appeal by the State Commission were decided in the manner noted above.

(3.) Thrust of argument advanced by Mr.Puneet Garg for the petitioner is that the application filed along with form's BR-IV and BR-V on 6.9.2006 for issuance of completion certificate should have been decided within 12 days as per the charter on the website of the respondent authority. House was inspected by the J.E. on 18.9.2006 and amount of Rs. 26,835 was calculated for compounding the violations made in the construction of the house. It was only on 20.1.2007 that the respondent authority asked the petitioner to deposit the compounding fee of Rs. 59,824 as against Rs. 26,835 determined under the new policy of the Government which became effective from 28.9.2006. Since the new policy came into effect beyond 12 days, the petitioner is entitled to the refund of the excess amount of Rs. 32,989 paid to the respondent authority. According to Mr. Garg, this issue has not been examined by any of the Fora below. Copy of the website in question is placed at pages 38 to 40 on the paper book. In my view, the given period of 12 days for issue of completion certificate from the date of submitting forms BR-IV and BR-V would apply only to a case where violation in construction is not involved. Composition for violation has to be finally approved by the Administrator to whom the file is sent after examining the issue by the Department. New policy had come into force within 10 days of the inspection of the house by the j.E. Petitioner is not entitled to the refund of the amount in question. Accordingly, the revision petition is dismissed.