Improvement Trust vs GURMIT KAUR

IT is an appeal against the order dated 27.9.1999 of the District Consumer Disputes Redressal Forum, Ropar (hereinafter called the District Forum).

WE have heard the learned Counsel for the appellant and have gone through the record of the case as well as order of the District Forum. Admitted facts are that Shri Narinder Singh (since deceased) was allotted plot No. 53 (90 sq. metres) in Dashmesh Nagar, Bela Road, Part I Scheme at Ropar vide letter R-3, dated 2.12.1989 regarding which all the instalments towards the sale price stood paid. Due to certain reasons (not specified in the complaint) no construction on the plot could take place till 24.2.1999; when the allottee unfortunately died and further progress in the matter got bogged down pending impleadment of his heirs as owners in the record of the appellant-Trust O.P. before the District Forum (hereinafter called the O.P. Trust) resulting in various complications. District Forum allowed the complaint. The relevant portion of the order of the District Forum reads as under: "There does not appear to be any big obstacle in the processing of the case of the legal heirs except lack of application of mind by the concerned authorities of the O.P. Trust as they have been unnecessarily insisting upon a succession certificate etc. vide R-6 dated 30.4.1999. However, we tend to take a more pragmatic view of the problem in hand. The petitioners-who are widow, sons, daughter and mother of the deceased-are obviously all the natural heirs of the deceased. And this fact is conclusively proved by the Legal Heirs Certificate Ex. A-1 dated 11.3.1999 issued by the Competent Authority i.e., Deputy Commissioner, Ropar. Hence the O.P. Trust should have no hitch in impleading them as owners/allottees in the relevant record in place of the deceased Sh. Narinder Singh. But the concerned allottees are obviously liable to pay the necessary non-construction fee of Rs. 9,029/- duly paid by the present petitioners on 31.8.1999 vide receipt Ex. A-4. However, keeping in view the unfortunate death of the original allottee during the beginning of the current year and the fact that the Building Construction Plan (required for raising construction over the plot) has not yet been sanctioned, it would be in the fitness of things that the allottee's legal heirs be given some concession towards payment of further non-construction fee. In this context, the unnecessary delay caused by the red tapism in the office of O.P. Trust too could not be ignored. Hence for finding a practical solution to the dispute between the parties in the over all scenario of the special circumstances enumerated above, the ends of justice would be served by the issuance of the following directions: (i) The present petitioners be impleaded as owners/allottees in the relevant record of O.P. Trust within 10 days. (ii) The required Building Construction Plan pertaining to this property be processed within 15 days of its submission along with completion of the required technical formalities. (iii) The amount of Rs. 9,029/- as non-construction fee for the year 1999 be considered to cover the period of non-construction upto March 31, 2000. (iv) Compliance report regarding directions (i) and (ii) above be submitted in our office within 60 days."

We have heard the Counsel for the appellant and we do not find any infirmity in the order of the District Forum. The prayer made by the complainant before the District Forum was that the appellant-respondent (hereinafter called the respondent) be ordered to incorporate the names of the complainants pertaining to plot No. 53 measuring 108 sq. yds. situated in Dashmesh Nagar, Roopnagar in place of Narinder Singh, deceased. A direction was further sought that the Trust should pay back an amount of Rs. 9,029/- illegally charged by the Trust and the Trust be directed not to impose penalty as they have failed to implead their names in place of Narinder Singh. The main objection taken by the respondent in their written reply before the District Forum was that name of the complainant would be incorporated in place of Narinder Singh after completion of all the requisite formalities as laid down in the Govt. Memo No. 2417, dated 22.2.1999. It has been specifically stated in the complaint by the complainants that after the death of Narinder Singh the complainants had moved application to the Trust to incorporate their names in place of Narinder Singh as being his legal heirs and death certificate of Narinder Singh was duly supplied and affidavit was filed by Gurmit Kaur and Lachhmi Devi. It is specifically mentioned that the complainants had produced the Legal Heirs Certificate issued by the Deputy Commissioner, Roopnagar to the Improvement Trust. Photostat copy is found on the file of this case. As no Will was executed by Narinder Singh deceased, so the question of giving copy of the Will to the Improvement Trust did not arise and there was no decree or judgment and thus its supply was also not called for. It is discernible from Ex. R-5, the document produced by the respondent Improvement Trust itself, that for transfer of the plot in the names of the complainants it was sufficient if the complainants had produced Legal Heirs Certificate from the Deputy Commissioner concerned. Admittedly, the claimants had produced this certificate before the Improvement Trust. Improvement Trust was thus certainly deficient in providing service to the claimants.

IN these circumstances, we do not find any infirmity in the order of the District Forum. This appeal is thus dismissed. Appeal dismissed.