Decided on August 25,2006

Gianeshwar Respondents


- (1.)THIS appeal has been directed by the opposite party against order dated 24.10.2000 passed by Consumer Disputes Redressal Forum , Gurgaon (hereinafter to be referred as District Consumer Forum), vide which the complaint of respondent Gianeshwar (complainant) was accepted and the appellant was directed to refund Rs. 40,750 to the respondent along with interest @ 12% p.a. from the date of filing of the complaint till payment. It was further ordered to pay Rs. 1,000 as compensation for harassment.
(2.)BRIEFLY stated the facts are that the respondent (complainant) was allotted residential plot bearing No. 1837/23 -23A, Gurgaon measuring 83.6 sq. mtrs. vide allotment letter dated 11.8.1986, being a Government employee. He was given possession of the plot on 4.7.1997 after a gap of 10 years and 9 months. He completed the construction and submitted the papers for the issuance of occupation certificate on 30.11.1998 but nothing was done to issue the occupation certificate and ultimately Junior Engineer visited the spot and an amount of Rs. 3,370 was imposed as compounding fee besides Rs. 1,672 as extension fee which he had deposited under compelling circumstances vide receipt No. 14956 dated 20.9.1999. Thereafter the occupation certificate was issued on 29.10.1999. Due to delay in issuance of occupation certificate, he had to pay for electricity bills, rent of another accommodation and further had to get repaired rainy water and sewerage lines by spending huge amount, so, he claimed Rs. 46,750 as loss caused to him on account of non -issuance of occupation certificate during the period 30.11.98 to 29.10.99. He further claimed interest on this amount.
(3.)APPELLANT (opposite party) contested the complaint. It admitted that plot No. 1837, Sector 23 -23 -A was allotted to the respondent in the year 1986 but asserted that instalments of the enhanced amount were paid within time. It next stated that the physical possession of the plot was offered to the respondent on 4.7.1997, after development work was completed and building plan was sanctioned on 29.10.1997 and respondent applied for issuance of completion certificate along with requisite documents on 30.11.1998. It further stated that letter bearing No. 1137 dated 15.1.1999 was issued and consent of the respondent was sought for compounding the violations made by him during construction of the building. The respondent gave consent on 1.7.1999. Thereafter demand of Rs. 3,370 was made as composite fee besides Rs. 1672 as extension fee vide letter dated 28.9.1999 which were deposited by the respondent and then completion certificate was issued on 28.9.1999. Therefore, it prayed that there was no deficiency on its part and respondent was not entitled to any relief.
Parties adduced their evidence by way of affidavits.

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