ESTATE OFFICER, PUDA Vs. TRIPTA RANI PURI

JUDGEMENT

(1.) This revision petition is directed against the order of the State Commission dated 13.02.2014, whereby the said Commission held that there was deficiency in services on the part of the petitioner in demanding excess amount towards non-construction charges, from the complainant/respondent. The District Forum, vide its order dated 21.09.2011, had held that the petitioner was not entitled to claim Rs. 1,40,025/- for the period from 2005 to 2009 from the complainant on account of non-construction charges and accordingly directed refund of the said amount to the complainant. The complaint, filed by the complainant, was partly allowed by holding that PUDA will be entitled to charge non-construction fee only from 12.06.2005 to 20.7.2009.

(2.) The contention of the learned counsel for the petitioner is that since non-construction charges are levied by the petitioner, on the basis of statutory rules, such a demand cannot amount to deficiency in the services rendered to the allottee and consequently, no complaint before the Consumer Forum was maintainable. The learned counsel has, in this regard, drawn our attention to the order passed by the Hon'ble Supreme Court in Civil Appeal No. 8314-8315 of 2010, PUDA (now GLADA) vs. Narinder Singh Nanda and connected appeal decided on 20.02.2014. A perusal of the aforesaid order would show that Civil Appeal Nos. 8314-8315/2010, 6087/2013, 8903/2011, 8904/2011 and 8905/2011 were allowed/disposed of in terms of the earlier decision of the Hon'ble Apex Court in HUDA Vs. Sunita, 2005 2 SCC 479with liberty to the respondent to approach the appropriate forum. The decision of the Hon'ble Supreme Court in Sunita case , to the extent it is relevant for our purpose reads as under:-

(3.) The Hon'ble Supreme Court also allowed the writ petition which some other respondents before it had filed before the High Court and recorded the undertaking of their counsel not to claim any refund of the extension fee already paid. It would thus be seen that the view taken by the Hon'ble Apex Court in Sunita case was applied in the above referred cases as well.