IMPORTANT POINT
Policy decision cannot be challenged before Consumer Forum.

V.K. Jain, Presiding Member—The lease hold rights in respect of residential plot no. 99 in Sector-Chi-04, Block-C of Cassia Fistula Estate, Greater Noida were granted by the respondent Greater Noida Industrial Development Authority to one Smt. Mansi Moolchandani and a lease deed of the aforesaid plot was duly executed in her favour on 01.06.2007. The aforesaid plot was then purchased by the complainant from Smt. Mansi Moolchandani and the transfer was approved by the OP vide its letter dated 01.12.2014. The OP thereafter, demanded a sum of Rs.14,97,816/- from the complainant towards her share in the additional compensation paid by the OP to the farmers whose land had been acquired in Greater Noida. The aforesaid amount was paid by the complainant but he is aggrieved from the aforesaid payment and his submission is that the aforesaid amount could not have been recovered from him.

2. The other grievances of the complainant is that the lease hold rights in respect of the plot purchased by him from Smt. Mansi Moolchandani have not been converted into free-hold rights though the OP has allowed such conversions in other cases including the land allotted to a company namely Ansals Housing. The complainant is also challenging the transfer charges of Rs.11,42,000/- recovered from him by the OP before allowing the transfer of the plot in his name. The complainant is therefore, before this Commission seeking the following reliefs:

“1. That the property purchased by the complainant on 05.12.2014 situated at plot No.99, Sector Chi-4, Block-C, Cassia Fistula Estate, Greater Noida, District Gautam Buddha Nagar, Uttar Pradesh – 201 308 should be declared Freehold, that is, the complainant should be granted Freehold rights over the property and the cost of Registration charges an stamp duty already paid for transfer of Lease Deed should be adjusted towards the conversion / purpose.

2. That a sum of Rs.11,42,000/- (Rupees eleven lakhs and forty two thousand only) realized by the opposite party from the complainant on 21st December, 2014 vide pay order No.642486 drawn on PNB as illegal Transfer Charges should be refunded along with interest @ 15% per annum (see para 13 & 16 of the facts).

3. That the illegal demand of the opposite party for Rs.14,97,816/- (Rupees fourteen lakhs, ninety seven thousand eight hundred and sixteen only) dated 13th April, 2016 vide letter No. Property/PCH01/2013/2972 towards recovery of additional compensation to be paid to the farmers be quashed and declared illegal and the amount of Rs.3,74,454/- (Rupees three lakhs, seventy four thousand four hundred and fifty four only) already paid by the complainant (under protest) on 23.5.2016 vide pay order No. 866609 drawn on PNB be refunded to him along with interest to 15% from the date of payment (as demanded by the opposite party itself for late payment in its above stated demand letter).

4. Losses suffered by the complainant due to illegal demands, abuse of dominant position, unfair and discriminatory trade practices, unscrupulous, exploitation, harassment, mental agony and fall in the market value of the property due to the above acts of exploitation, as explained in the para 26 of the facts, to the tune of Rs.1,20,00,000/- (Rupees one crore and twenty lakhs only) may be given towards compensation.

5. Discontinue the unfair and restrictive Trade Practises adopted by the opposite party like power to unilaterally change the terms and conditions and various others mentioned in para 9 to 13 of the facts.”

3. The complaint has been resisted by the OP which has admitted the allotment made to Smt. Mansi Moolchandani as well as the transfer of the lease hold rights of the plot in favour of the complainant. It has been stated in the written version that initially, the aforesaid plot was allotted to one Pushpendra Kumar who transferred the same to Smt. Mansi Moolchandani @ Mansi M. Chandok. The lease deed of the plot aws executed in favour of Smt. Mansi Moolchandani. Th