Back
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
S.N. Aggarwal, President and Amarpreet Sharma, Member
IMPROVEMENT TRUST AND ANR. - Appellants
Versus
ASHWANI KUMAR AND ANR. - Respondents
First Appeal No. 988 of 2004
Decided on : 23-02-2010
Transfer of Property - Dispute over Ownership - Civil Suit - [Transfer of Property] - [Order 1, Giani Zail Singh Nagar, Rupnagar] - [Section 25 of the Indian Contract Act, 1872, Section 2(d) of the Consumer Protection Act, 1986] - The court discussed the dispute over ownership of a property and the implications of a civil suit on the transfer of property. It highlighted the requirement for the respondents to resolve their title dispute through the Civil Court and emphasized that seeking transfer of a plot did not amount to a service, as per the judgment in Hari Chand Gupta v. Saraswati Builders and Ors. The court also noted that the appellants were justified in refusing to transfer the property due to the ongoing ownership dispute.
Fact of the Case:
The appellants developed a scheme for allotting plots and shop-cum-flats to the public. The respondents purchased a plot and applied for its transfer, but the appellants refused, citing a civil suit over the property's ownership. The respondents filed a complaint against the appellants for deficiency in service and sought the transfer of the plot without non-construction fee and a refund.
Finding of the Court:
The court found that the dispute over ownership required determination by the Civil Court and that seeking transfer of a plot did not amount to a service. It concluded that the appellants were justified in refusing the transfer due to the ongoing ownership dispute.
Issues: Ownership dispute, deficiency in service, transfer of property
Ratio Decidendi: The requirement for the respondents to resolve their title dispute through the Civil Court and the finding that seeking transfer of a plot did not amount to a service.
Final Decision: The appeal was accepted, and the impugned judgment was set aside. The appellants were directed to be remitted the deposited amount with interest.
ORDER
S.N. Aggarwal, President - The appellants had developed scheme No. 1, Giani Zail Singh Nagar, Rupnagar for allotting plots and shop-cum-flats to the general public on payment basis. Shop-cum-Flat No. 111 measuring 121 sq. yards in the said scheme was owned by Kartar Singh who sold the same to the respondents vide registered sale deed dated 8.6.1994 through his attorney Om Prakash.
2. It was further pleaded that after purchasing the plot, the respondents applied to the appellants to transfer the said plot in their names. The appellants vide their letter dated 6.7.1994 asked the respondents to appear in the office of the appellants on 8.7.1994. Accordingly the respondents appeared in the office of the appellants on the appointed day. When the respondents appeared, they were required by the appellants to deposit a sum of Rs. 4,717 as non-construction fee and Rs. 5,566 as transfer fee. However when the respondents went to the office of the appellants for depositing the said amount it was not accepted by the appellants on the pretext that one Vidya Sagar had filed a civil suit in the Court of Sub-Judge, First Class, Rupnagar ((Shri R.K. Tyagi) regarding this plot.
3. It was further pleaded that the said civil suit was filed by Vidya Sagar on 22.7.1994 but it was dismissed in default on 25.9.1995. He had also filed an application for restoration of the above said suit on 27.9.1995. It was again dismissed in default by the Court of Additional Civil Judge (Senior Division), Rupnagar (Shri Chanan Singh) on 11.4.1996. Said Vidya Sagar had filed an appeal against the order dated 11.4.1996. The said appeal was also dismissed as withdrawn by the Court of Additional District Judge, Rupnagar (Ms. Sabina now Hon'ble Judge of the Punjab and Haryana High Court at Chandigarh) on 29.9.1997.
4. It was further pleaded that in the meantime the respondents tried to deposit a sum of Rs. 4,717 as non-construction charges and Rs. 5,566 as transfer fee on 30.12.1996. However the appellants had accepted only a sum of Rs. 4,717 as non-construction fee and refused to accept Rs. 5,566 as transfer fee.
5. It was further pleaded that the respondents had written another letter dated 6.10.1997 to the appellants for transferring the above said plot in faour of the respondents. The appellants vide letter dated 5.11.1997 again directed the respondent to deposit a sum of Rs. 16,335 as non-construction charges. The respondents deposited a sum of Rs. 16,335 as non-construction charges and Rs. 5,566 as transfer fee against receipt No. 3026 dated 7.11.1997.
6. The appellants told the respondents that the plot of the said SCF could not be transferred in favour of the respondents. On this the respondents served a legal notice dated 22.7.1996 on the appellants through their Counsel.
7. It was further pleaded that Vidya Sagar again filed a restoration application of the civil suit on 1.12.1999 in the Court of Shri Ravinder Singh, Additional Civil Judge (Senior Division), Ropar but this application was also dismissed on 6.6.2002. The respondents approached the appellants many times seeking the transfer of plot in their favour but it was not done. Rather the appellants vide their letter dated 27.12.2002 demanded a sum of Rs. 1,54,131 from the respondents as non-construction fee upto 2002. It was illegal.
8. Alleging deficiency in service on the part of the appellants, the respondents filed the complaint against them in the District Consumer Disputes Redressal Forum, Rupnagar (in short "District Forum") with the prayer that the appellants be directed to transfer Shop-cum-Flat No. 111 measuring 121 sq. yards in favour of the respondents without charging any non-construction fee and also for the refund of Rs. 16,335 already charged as non-construction fee. Compensation, damages and costs were also prayed.
9. The appellants filed the written reply. It was admitted that they had framed Scheme No. l, Giani Zail Singh Nagar, Rupnagar for allotting the plots and shop-cum-flats to the ge
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
