IMPORTANT POINT
Res Judicata – Reliefs sought by the complainant are identical to the reliefs claimed in earlier complaint, the principle of constructive res judicata will attract.

JUDGMENT

Raj Shekhar Attri, President.—This appeal has been filed by the opposite parties (in short the appellants), feeling aggrieved by the order dated 18.01.2019 passed by the District Consumer Disputes Redressal Commission-I, U.T., Chandigarh (in short the District Commission), whereby the consumer complaint bearing no.170 of 2017 filed by the complainant (respondent before this Commission) was partly allowed against them in the following manner:-

“……In view of the above discussion, the present consumer complaint deserves to succeed and the same is accordingly partly allowed. The OPs are directed as under:-

(i) The issuance of notice by the OPs raising additional demand of Rs.65,954/- need not be complied with by the complainant and the OPs are restrained from raising such a demand once the possession of the dwelling unit was delivered to the complainant;

(ii) To pay Rs.15,000/- to the complainant as compensation for deficiency in service and mental agony and harassment caused to him;

(iii) To pay to the complainant Rs.5,000/- as costs of litigation.

This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amount mentioned at Sr.No.(ii) above, with interest @ 9% per annum from the date of this order, till realization, apart from compliance of other directions..…..”

2. The facts necessary for disposal of this appeal are that the complainant (now respondent in this appeal) was working as an employee of the Indian Railways. It has been stated that, in the year 2009, the Indian Railway Welfare Organization (IRWO) had setup a society in the name of style-”Group Housing Scheme”, which was registered under the Registrar Societies Act XXI of 1860, with the sole purpose to provide houses for serving and retired employees of Indian Railways, purely as a social welfare measure on ‘no profit no loss basis’. Under the said scheme, flats/dwelling units were to be provided to the said employees at Rail Vihar, Zirakpur, Punjab. As such, the complainant applied for allotment of a dwelling unit Type-Z-II. Consequently, vide letter dated 16.10.2015, Annexure C-1, he was provided with the possession letter for residential unit bearing no.Type-Z-II/C-8/2DU in Rail Vihar, Zirakpur, near Chandigarh, Group Housing Scheme, Phase-1. The complainant was also issued handing/taking over certificate dated 27.10.2015, Annexure C-2.

3. It is the case of the complainant that the opposite parties had issued letter dated 11.01.2013, Annexure C-3, to the complainant whereby demand in increase of price of the dwelling unit was raised to the tune of Rs.4,05,000/- plus additional cost of Rs.75,000/-, towards compulsory car parking for each dwelling unit. It was specifically stated that in the letter Annexure C-3 that the above said escalated cost does not include the subsidy for EWS economical weaker section, as till then, no decision was taken by the Municipal Council, Zirakpur.

4. It is further alleged that on 30.05.2014 another letter raising demand of Rs.1,31,000/- and additional cost of Rs.75,000/- in terms of Annexure C-3 was demanded by the opposite parties. It is also the case of the complainant that since, in the possession letter Annexure C-1 and handing/ taking over certificate Annexure C-2, it has been specifically stated that the entire amount has been paid, therefore, raising demand of subsequent amounts by the opposite parties, vide Annexure C-3, is illegal and arbitrary.

5. It has been further stated that in para nos.8 to 12 of the complaint as under:-

“……That the complainant has been aggrieved now after he making all the payments and clearing all the dues from the letter dated : 24/10/2016 whereby the OP has again raised an additional demand of Rs.65,954/- towards demand for escalation plus an additional cost of Rs.11,046/- towards