CITY VIEW ENTERPRISES Vs. HUDA

JUDGEMENT

(1.) The present Miscellaneous Application No. 106 of 2021 has been filed by the Complainant seeking a direction to the Opposite Parties to issue Occupation/Completion Certificate in respect of the building constructed on SCO Plot No. 61, Sector 29, Gurugram, regularize the sewerage connection, develop dedicated parking space etc.

(2.) Succinctly put, the material facts relevant for disposal of the Miscellaneous Application No. 106 of 2021 and I. A. No. 11854 of 2022 are that one Shri D.P. Sharma purchased a shop-cum-office bearing No.5, Sector -12A, Gurgaon in an open auction held on 8/2/1990. On 1/4/1992, the aforesaid site was re-allotted in the name of one Shri Ranbir Singh Dahiya, who deposited the sale consideration. Since the Opposite Party, Haryana Shahari Vikas Pradhikharan (hereinafter referred to as the 'HSVP') failed to deliver physical possession of the said site, the re-allottee Shri Ranbir Singh Dahiya filed a Consumer Complaint seeking allotment of alternative site in lieu of Site No.5, Sector 12A, Gurgaon. The District Forum vide its Order dtd. 4/5/2001 directed the HSVP (HUDA) to allot Site No.61, Sector 29, Gurgaon in lieu of Site No.5, Sector 12A, Gurgaon to the said Re-allottee. Since the aforesaid direction despite having been affirmed by the Appellate Fora was not complied with, execution proceedings were initiated by the said Re-allottee and matter reached to this Commission by way of filing a Revision Petition. By an interim Order, this Commission directed the HSVP (HUDA) to deliver possession of the plot in question to Shri Ranbir Singh on deposit of ?80 lakh. On 21/11/2006, the subsequent re-allottee applied for issuance of Conveyance Deed. However, the Conveyance Deed was not executed in his favour. The said re-allottee also applied for issuance of Building Plan which was sanctioned only on 25/5/2007. However, meanwhile, possession to the re-allottee was delivered on 25/1/2007. This Commission vide Order dtd. 2/2/2007 directed the payment of additional amount by the said re-allottee which came to be deposited on 9/2/2007. The Conveyance Deed in favour of the Ranbir Singh was executed through the GPA holder Shri Krishan Lal on 1/3/2007.

(3.) On 7/8/2007, Shri Krishan Lal GPA holder of re-allottee Shri Ranbir Singh Dahiya applied for transfer of the aforesaid plot in the name of Complainant Firm, M/s City View Enterprises (hereinafter referred to as the 'Complainant Firm'). On 12/12/2007, re-allotment letter was issued in favour of the Complainant Firm. On 1/4/2008, a new partnership deed was executed inducting a new partner in the firm which was followed by execution of a retirement deed dtd. 4/6/2008 whereby one of the Partners namely Satish Kumar retired from the firm and then a fresh partnership deed between remaining partners namely Gopal Dass and Smt. Lakshmi Bai was executed. On 3/9/2008, the Complainant Firm applied for issuance of the Completion Certificate of the building constructed by them on Site No. 61, Sector 29, Gurgaon, however, the same was not issued. Feeling aggrieved, the Complainant Firm filed the Consumer Complaint No. 202 of 2010 before this Commission seeking a direction to the Opposite Party to issue the Completion Certificate and to pay an amount of ?5,18,40,000/- towards loss of business income etc.