ASHOK AGGARWAL Vs. IMPROVEMENT TRUST

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the order dated 14.12.2015, passed by the Punjab State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in First Appeal No. 119/2015, "Ashok Aggarwal Vs. Improvement Trust, Sangrur & Anr.", vide which, while dismissing the appeal, the order dated 03.12.2014, passed by the District Forum Sangrur, dismissing the consumer complaint No. 296/2014, was upheld.

(2.) The brief facts of the case are that the opposite party (OP) Improvement Trust, Sangrur, allotted plot No. 213 in Captain Karam Singh Nagar, Sangrur to Smt. Kaushalya Devi, mother of the complainant Ashok Aggarwal, vide allotment letter No. 3273 dated 06.07.2001. It is alleged in the consumer complaint that Smt. Kaushalya Devi died on 05.10.2003, following which, the complainant applied for the transfer of the plot in his name to the OP on 04.11.2003 and submitted relevant documents like the death certificate etc. alongwith the application. The OP vide their letter dated 21.10.2004 demanded certain documents for the transfer of the plot and according to the complainant, the same were delivered to them. Despite sending the documents, the plot in question, was not transferred in favour of the complainant, rather the OPs raised a demand for deposit of the non-construction fee vide their letter dated 15.06.2005. The plot was ultimately transferred in the name of the complainant on 04.10.2010. Vide letter dated 13.02.2014 from the OP, the non-construction fee for the period 01.08.2004 to 30.06.2014 was demanded. The complainant deposited a sum of 4,75,000.00 on 09.05.2014 with the opposite party under protest and then filed the consumer complaint in question, seeking refund of 4,75,000.00 alongwith interest @12% p.a. alongwith damages and compensation of various amounts.

(3.) The complaint was resisted by the opposite party by filing a written reply before the District Forum in which they stated that the opposite party had demanded various documents like the legal heirs certificate, succession certificate, registered will, court order or any family settlement etc. from the complainant so as to decide about the transfer of the plot, but the complainant failed to submit any document and hence, the plot could not be transferred in his name. The OP Trust further stated that the complaint in question was highly time-barred. Further, the complainant was no more consumer of the OP, as he had already sold the plot to a third party Chiman Lal s/o Ramesh Chander of Sangrur.