Conveyance deed denied, govt housing body penalised
Consumer forum told Central Government Employee Welfare Housing Organisation to execute the deed and pay 72-year-old Panchkula man ₹30,500 reliefUpdated: Sep 08, 2019 00:40 IST
The district consumer disputes redressal forum has penalised the Central Government Employee Welfare Housing Organisation (CGEWHO) for denying a senior citizen the conveyance deed of a 3BHK flat in its project in Sector 25 of Panchkula.
The forum has directed the organisation to execute the conveyance deed in favour of the complainant, Ram Kumar Aggarwal, 72, a resident of Sector 25, Panchkula, within one month. The forum has also directed its to pay ₹25,000 to Aggarwal on account of mental agony and harassment and ₹5,500 as cost of litigation.
Aggarwal, who is bedridden owing to chronic liver cirrhosis, had moved the forum through his wife, Sharda Devi.
The matter dates back to 2002, when the organisation advertised 240 dwelling units known as Kendriya Vihar-II at GH-8 in Sector 25.
Aggarwal had applied for a 3BHK flat in the scheme and was allotted the same at a tentative price of ₹10.4 lakh in March 2004. However, after the project was completed, the price was escalated up to ₹15.6 lakh. The complainant deposited the amount in instalments and was issued the possession-cum-occupation letter in December 2006.
ORDEAL BEGAN LAST YEAR
It was in January last year, when Aggarwal requested the project manager of the organisation to execute the conveyance deed in his favour, but after much dilly-dallying, the latter refused due to orders of deputy director of the body.
Later on July 4, 2018, the organisation informed the project allottees of ₹10cr dues to be paid to Haryana Shahari Vikas Pradhikaran (HSVP) towards enhancement. The allottees were also informed that HSVP was offering 40% rebate on the payable amount under one-time settlement scheme, which came to ₹6 crore. Aggarwal’s liability came out to be around ₹3 lakh, which he was willing to pay, but the organisation still refused.
The organisation submitted before the forum that the complainant’s will to pay for rebate does not serve the purpose as all the beneficiaries are required to pay the enhancement to avoid the resumption. It said the registration of leftover units was put on hold because of resumption proceedings initiated by the HSVP.
BODY FACES NO LEGAL EMBARGO: FORUM
The forum observed that there is no rule empowering the organisation to deny the execution of conveyance deed after receiving full and final payment from the allottees. The forum observed said conveyance deeds for 180 out of the 240 units was already executed by the organisation, and there was no legality impediment for it to execute the remaining deeds during the pendency of resumption proceedings. “It (the organisation) has no authority to apply different yardsticks to different allottees at its own whims and fancies,” the forum observed.
“Moreover, the HSVP has not asked the opposite party to stop the further execution of conveyance deed… There is a lapse and deficiency on the part of opposite party while declining the conveyance deed, so the complainant is entitled to relief,” ruled the forum.
First Published: Sep 08, 2019 00:40 IST