BIPPINJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal filed against order dated 9.9.2003 passed by the District Consumer Disputes Redressal Forum-II (for short hereinafter referred to as the District Forum) in Complaint Case No.1119 of 2001 vide which the complaint filed by the appellant was dismissed.

(2.) The appellant filed the complaint praying for directing the respondents to revise the transfer fee charged @ 2.5% of the cost of house which was of a sum of Rs.5,83,000/- and to refund the excess amount of Rs.44,025/- along with 12% interest on it and he claimed compensation of a sum of Rs.2,500/- for harassment and mental torture along with costs of litigation. The respondents - PUDA issued application for transfer of plot/house/commercial site in Form II vide Annexure - 3 placed on the file of the complaint case wherein instructions for filling up the application form are appended. Instruction No.3 relates to 'transfer Fee/process Fee' and (A) thereunder reads as under : "3 (A) (i ). Transfer fee-5% of the allotment price of the house is chargeable w. e. f.30.6.1997. However, the rate of 10% transfer fee will remain inforce for the allotments made prior to 30.6.1997 and no refund of transfer fee is allowed on the transfers already made. "

(3.) It is not disputed that the transfer in the instant case was made subsequent to the cut-off date of 30.6.1997 and as a matter of fact, allotment was also made subsequent thereto some time in year 1999. It is admitted in the written statement by the respondents that the transfer fee in respect of houses allotted after 30.6.1997 was reduced from 10% to 5%. It was, however, pertinent to mention here that in case where the transfer fee had already been deposited and the ownership had also been transferred in the name of the transferee, in those cases, the transferee will not be refunded the amount of transfer fee deposited. In Para 5 of the written statement, it was again admitted that the transfer fee in respect of houses where allotment was made after 30.6.1997 was reduced from 10% to 5%.