BIPPINJIT SINGH vs State of Punjab

THIS is an appeal filed against order dated 9.9.2003 passed by the District Consumer Disputes Redressal Forum-II (for short hereinafter referred to as the District Forum) in Complaint Case No. 1119 of 2001 vide which the complaint filed by the appellant was dismissed.

THE appellant filed the complaint praying for directing the respondents to revise the transfer fee charged @ 2.5% of the cost of house which was of a sum of Rs. 5,83,000/- and to refund the excess amount of Rs. 44,025/- along with 12% interest on it and he claimed compensation of a sum of Rs. 2,500/- for harassment and mental torture along with costs of litigation. THE respondents - PUDA issued application for transfer of plot/house/commercial site in Form II vide Annexure - 3 placed on the file of the complaint case wherein instructions for filling up the application form are appended. Instruction No. 3 relates to ''Transfer Fee/Process Fee'' and (A) thereunder reads as under : "3(A)(i). Transfer fee-5% of the allotment price of the house is chargeable w.e.f. 30.6.1997. However, the rate of 10% transfer fee will remain inforce for the allotments made prior to 30.6.1997 and no refund of transfer fee is allowed on the transfers already made."

It is not disputed that the transfer in the instant case was made subsequent to the cut-off date of 30.6.1997 and as a matter of fact, allotment was also made subsequent thereto some time in year 1999. It is admitted in the written statement by the respondents that the transfer fee in respect of houses allotted after 30.6.1997 was reduced from 10% to 5%. It was, however, pertinent to mention here that in case where the transfer fee had already been deposited and the ownership had also been transferred in the name of the transferee, in those cases, the transferee will not be refunded the amount of transfer fee deposited. In Para 5 of the written statement, it was again admitted that the transfer fee in respect of houses where allotment was made after 30.6.1997 was reduced from 10% to 5%.

Reference was made to the policy decision of PUDA taken in July 2000 regarding the transfer fee in respect of houses where allotment was made after 30.6.1997 was reduced from 10% to 5%. It was pointed out that in the present case, the house was transferred before implementing the decision of the respondents relating to the reduction of the transfer fee from 10% to 5% and , therefore, the complainant was not entitled to refund of 5% of the transfer fee already deposited on 3.12.1999.

AFTER carefully considering the change in the policy w.e.f. 30.6.1997, we find that the respondent - PUDA after giving restrospective effect to the change in the policy regarding reduction of the transfer fee though taken in July 2000 yet making it effective from 30.6.1997, cannot deny its benefit to the appellant because the transfer fee had been deposited on 3.12.1999 when the policy regarding the reduction of the transfer fee from 10% to 5% had not been made and the same was made actually in July 2000. It is not disputed that the said policy was effective restrospectively w.e.f. 30.6.1997 and the same would uniformly apply to all cases wherein the transfer was made subsequent to the cut-off date of 30.6.1997. In this view of the matter, the District Forum committed an error in wrongly interpreting the provisions contained in the instructions aforesaid. The appeal has considerable force and is allowed. The appellant has paid transfer fee @ 10% though he is liable to pay only 5% and he is entitled to the refund of the amount equivalent to 5% of the amount for which the house had been transferred in favour of the appellant. In our considered opinion, the appellant would not be entitled to interest on the said amount as the matter related to the interpretation of the said clause and there was no deliberate act of the respondents in withholding the payment. The impugned order is set aside. The complaint is allowed to the extent that the respondents are directed to refund 5% of the amount of the transfer fee which has been charged @ 10% of the amount of the transfer fee. The costs shall be borne by the parties themselves. The refund of the amount as aforesaid shall be made to the appellant within a period of one month from the date of certified copy of this order, failing which, the said amount shall carry interest @ 6% per annum till payment. Copies of this order be sent to the parties free of charge. Appeal allowed.