CHANDIGARH HOUSING BOARD Vs. ANJU BHANOT

JUDGEMENT

(1.) This first appeal has been filed under section 19 of the Consumer Protection Act, 1986 against the impugned order dated 22.01.2009, passed by the State Consumer Disputes Redressal Commission, U.T. Chandigarh (hereinafter referred as 'the State Commission') in Consumer Complaint No. 07/2008, "Mrs. Anju Bhanot vs. The Chandigarh Housing Board" vide which the said complaint was partly allowed with cost of Rs. 5,000/- and the appellant/opposite party was directed to pay interest on the excess amount paid by the complainant at the rate at which a nationalised bank pays interest on a fixed deposit. It was, further, directed to pay a sum of Rs. 25,000/- as compensation for mental tension and agony.

(2.) Briefly stated, the facts of the case are that the appellant/opposite party, The Chandigarh Housing Board, allotted a commercial booth bearing no. 26, Sector-48, Chandigarh for a sum of Rs. 21,50,000/- vide allotment letter dated 21.02.2003 to Gagan Singh son of Ami Chand and the physical possession of the booth was also handed over on 26.02.2003. The complainant/respondent is the General Power of Attorney (GPA) holder of the allottee Gagan Singh, and the said document showing her to be GPA, is dated 07.07.2003. The booth was allotted by auction on 99 years lease hold basis. A sum of Rs. 5,37,500/- was paid by Gagan Singh as 25% of the total premium of Rs. 21,50,000/- alongwith ground rent amounting to Rs. 77,571/- for the period 29.11.1994 to 28.11.2003. As per the terms and conditions contained in the letter of allotment, the balance 75% of the amount of premium could be paid in full within 30 days of the issue of allotment letter, or in the alternative, the said amount could be paid in 3 yearly instalments, alongwith interest of 18% per annum. The due date of payment of these 3 instalments of Rs. 7,41,627/- each has been mentioned as 15.01.2004, 15.01.2005 and 15.01.2006 respectively. The dates up to which the payment of such instalments could be made have been mentioned as 10.02.2004, 10.02.2005 and 10.02.2006 respectively. In addition the ground rent amounting to Rs. 8,619/- per annum is payable on 28th December of every year for the first 33 years. For the next period of 33 years, the corresponding amount of ground rent is Rs. 12,928/- per annum and for the last 33 years, the payable amount shall be Rs. 17,238/- per annum. The consumer complaint in question has been filed by Mrs. Anju Bhanot, who is the GPA holder of the allottee. As per the version given in the complaint, the complainant continued to make payment of the balance amount to the appellant/opposite party alongwith interest. The complainant has alleged that vide their letters dated 31.07.2003 and 04.08.2003, they sought details of the pending payments from the appellant/opposite party, but the appellant/opposite party never replied to said letters. The husband of the complainant visited the office of the opposite party and he used to deposit various amounts as per information received from the officials of the opposite party. Vide letter dated 17.01.2006, the complainant's husband expressed his desire to clear all the pending dues and sought the details from the opposite party. He paid a personal visit to the account section of the opposite party on 19.01.2006, when he was told that a sum of only Rs. 59,413/- including ground rent was due against the booth. The said amount was deposited by him on very next date i.e. 20.01.2006. According to the complainant, full and final payment had been made to the opposite party. On 19.02.2008, they wrote to the opposite party to issue a 'no dues certificate' regarding the said property, but they were shocked to receive a demand of Rs. 5,63,482/- from the opposite party against the said booth. The complainant, alleging harassment and high-handedness on the part of the opposite party, filed the consumer complaint in question, requesting that the opposite party should be directed to issue no dues certificate and asked to withdraw the demand of Rs. 5,63,482/-. In addition, damages of Rs. 10 lakhs should be awarded against the opposite party for their unfair trade practice and Rs. 5 lakhs should be given as compensation for mental harassment etc. in addition to refund of Rs. 10,000/- charged as ground rent for the period prior to the date of allotment and Rs. 25,000/- as cost of litigation.

(3.) In their written statement, filed before the State Commission, the appellant/opposite party stated that the said booth had been purchased for commercial purpose and hence, the complainant does not fall within the definition of consumer. Moreover, since the dispute was regarding payment of Rs. 5,63,482/-, the jurisdiction to hear the complaint was with the District Forum. The opposite party also took the stand that all terms and conditions for payment of lease money and ground rent etc. were clearly mentioned in the allotment letter, issued in favour of Gagan Singh and hence, no further details were required to be given by the opposite party to the GPA holder. The complainant had failed to make payment in accordance with the schedule mentioned in the allotment letter and hence, they were liable to pay the balance amount of lease money alongwith interest till date and hence, the figure of Rs. 5,63,482/- had been arrived at.