YUGAL KISHORE MAHAJAN Vs. ESTATE OFFICER U T

JUDGEMENT

(1.) This is an appeal against the order of District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter to be referred as District Forum) dated 13.9.2006 in Complaint Case No.31 of 2006 : Sh. Yugal Kishore Mahajan V/s. Estate Officer, U. T. , Chandigarh.

(2.) Briefly the averments made by the complainant are that the complainant is the original allottee of House No.3328, Sector 15-D, Chandigarh since 20.3.1979. The complainant completed all formalities regarding conversion of his house from leasehold to freehold and accordingly submitted his application form for conversion to the OP on 10.3.1999 along with a banker's cheque for Rs.20,200 for which he was issued receipt after checking all documents. The complainant also paid all the dues to the OP and he was even issued a No Dues Certificate but the conversion letter was not issued till the filing of the complaint. It has been averred that the No Dues Certificate is valid only for one year and if the house owner does not get the conversion of his house from leasehold to freehold then he is liable to pay the ground rent. It has been further stated in the complaint that the OP sent two letters dated 21.2.2000 (Annexure C-3) and 6.4.2000 (Annexure C-4) demanding a sum of Rs.2,850 and Rs.2,926 respectively for the ground rent. On 19.10.1995 without assigning any reason, the OP returned the conversion paper to him vide letter (Annexure C-5 ). Alleging rejection of conversion papers at this belated stage without giving any reason is deficiency in service, this complaint has been filed praying for following directions : (i) That the respondent be directed to issue conversion letter to the complainant. (ii) That entire record of the respondent may be summoned. (iii) That the complainant may be duly compensated for mental and physical harassment and financial loss he incurred over the years. (iv) That the respondent may be directed to bear legal expenses of the complainant to the tune of Rs.11,000.

(3.) The version of the OP is that the complaint is wholly time barred. On merit, it has been stated that No Dues Certificate issued vide OP letter dated 5.11.1998 clearly mentions that only premium of the plot including ground rent stands paid up to 1.7.1998 subject to check by audit and, therefore, the administration is competent to legally charge the ground rent beyond the said period till the submission of the conversion papers. It has been stated that the amount demanded from the complainant vide various letters was legally due to be paid by the complainant but the complainant failed to clear the dues.