77-year-old wins legal fight, gets cancelled booth back from Chandigarh Housing Board
Coming to the aid of the complainant, Raj Kumari, a Panchkula resident, the District Consumer Disputes Redressal Commission-1 has directed Chandigarh Housing Board to immediately restore the booth in Manimajra in her name
A 77-year-old woman who took the Chandigarh Housing Board (CHB) to consumer court for not restoring allotment of a cancelled booth, despite clearing all dues, has won the legal battle and also ₹40,000 as compensation.
Coming to the aid of the complainant, Raj Kumari, a Panchkula resident, the District Consumer Disputes Redressal Commission-1 has directed CHB to immediately restore the booth in Manimajra in her name.
Kumari, who is suffering from various health problems, had submitted before the commission that she was allotted Booth Number 37 at Modern Housing Complex, Manimajra, Chandigarh, by CHB, in January 2001.
She had bought the booth through an auction, where the final bidding price was ₹14.50 lakh. She paid 10% of this amount at the time of the auction and deposited ₹2.17 lakh on January 6, 2001.
The balance amount was to be paid in three equal instalments. However, due to certain exigencies, she could not clear the dues. In December 2004, CHB declared her as an unauthorised occupant and directed her to vacate the booth.
She subsequently moved the Punjab and Haryana high court that granted her relief in 2011, following which she requested CHB to take necessary action. CHB agreed to comply with the HC order, but demanded revival charges and ground rent, which was paid, Kumari submitted.
But instead of restoring the allotment, CHB issued another letter in 2016 to deposit ₹1.62 lakh as service tax, a demand also satisfied by the complainant.
However, even though no dues were pending, till date she has not been granted the booth’s possession.
In its reply, CHB stated that the woman failed to pay three annual equated instalments and consequently, a show-cause notice was issued. An eviction notice was also issued in 2004.
“A complaint was received by CHB that during the pendency of the civil writ petition, the cancelled booth was sold. CHB, on the basis of said complaint, wrote many letters to the sub-registrar, Chandigarh, to supply the relevant record, but it has not supplied any. But it has been mentioned that the complainant executed GPA and will in respect of the booth in 2011.”
Seeking dismissal of the plea, CHB also said the woman herself failed to provide/supply relevant information to the board.
After hearing both sides, the consumer commissioner observed, “We feel that non-compliance of the order of the high court and non-compliance of their own promise shows only adamant attitude of the opposite party (CHB) to harass the complainant.”
Holding the board guilty of causing the complainant mental agony and harassment, the commission directed CHB to immediately restore the booth in her name, and to also pay ₹30,000 as compensation and ₹10,000 as cost of litigation.
