CHB penalised Rs 60K for not transferring property

Ishrat S Banwait

Tribune News Service

Chandigarh, July 16

The consumer forum here has imposed a fine of Rs 60,000 on the Chandigarh Housing Board (CHB) for not transferring a property in the name of a Sector 45 resident even though he had applied for it seven and a half years ago. 

The complaint was filed by Vijay Kumar Gupta.

According to the complaint, the CHB had allotted a dwelling unit in Sector 45 to the complainant’s brother, Sudarshan Kumar Gupta, and Sudarshan’s wife Raksha Gupta in August 1992. 

In September 1996, the family reached a settlement and Sudarshan and Raksha relinquished the dwelling unit in favour of Vijay. The settlement deed was registered with the Sub-Registrar. 

On January 24, 2011, the complainant had applied for the transfer of the dwelling unit in his favour. 

On July 24, 2012, it was informed that the documents submitted for the transfer were in order and Vijay was advised to deposit a sum of Rs 1.49 lakh as the transfer fee. Further, Vijay also paid Rs 8,270 and an additional amount of Rs 1,925 for the execution of the conveyance deed. 

Many requests on March 18, 2013; January 27, 2014; September 1, 2014; and June 29, 2015, were sent by the complainant to the CHB. He, later, came to know that as per the citizen’s charter, in case of blood relation, the concessional transfer fee is applicable at 1.25 per cent of the total cost as given in the allotment letter. But he was charged the mutual transfer fee.

In its reply, the CHB said formalities for transfer took time and it was a case of mutual transfer. The fee was rightly charged. It was not a case of blood relation transfer as one of the allottees was the sister-in-law (wife of the complainant’s brother), the CHB added.

The forum decided not to go into complicated questions, which required detailed interpretation or evidence related to a case of mutual transfer or case of blood relation transfers. However, the forum observed that the complainant “had to run from pillar to post and enter into correspondence with the opposite party, but even then it was unnecessarily delayed”.

The forum thus directed the CHB to pay Rs 50,000 to the complainant as relief for deficiency in service and mental agony caused to him, along with Rs 10,000 as litigation costs. The forum said the CHB was “at liberty to recover the aforesaid amount from the delinquent officer(s)/official(s)”.