LIC Housing slapped Rs 20,000 fine

Failure to issue sale certificate to a Mohali resident

Chandigarh, February 5

District Consumer Disputes Redressal Forum-I has slapped a fine of Rs 20,000 on LIC Housing Finance Ltd. (opposite party no. 1) for its failure to issue the sale certificate to a Mohali resident.

The forum, comprising president PD Goel and members Rajinder Singh Gill and Madanjit Kaur Sahota, has also directed the opposite parties to issue the sale certificate in favour of the complainant alone in respect of the properties and to further register the same in the office of the Sub-Registrar, Dera Bassi. The respondents have been directed to pay Rs 10,000 as litigation costs.
The complainant, Satish Kumar Saini, submitted that he, along with Jasbir Kaur, a resident of Sector 40-B, Chandigarh (opposite party no. 2), in response to the sale notice for the sale of six residential properties of opposite party no. 1 situated at Dera Bassi on June 19, 2007, showed their interest in purchasing the same on March 15, 2008. However, the opposite party no. 2 changed her mind and backed out of the aforesaid proposal. Consequently, the opposite party no. 1 entered into an agreement with him on April 15, 2008, and paid the entire consideration amount whereupon the opposite party no. 1 issued the “No Due Certificate” in his favour on March 31, 2009.
He alleged that the opposite party was supposed to issue and execute the sale certificate in his favour, which they failed to do, despite repeated requests. It was also averred that he had further executed an agreement to sell in favour of Ram Piari, a resident of Dera Bassi (opposite party no. 3), on February 7, 2011, and he could not execute the sale deed in favour of the opposite party no. 3 which was due on April 30, 2011.
The counsel for the opposite party no. 1 pleaded that the opposite party no.2 never backed-out from the proposal executed on March 15, 2008 and had written various letters showing her interest to get the sale deed registered in her name. She had paid Rs 8 lakh on April 29, 2008, out of the total consideration amount of Rs 12,75,770. It was alleged that the complainant had manipulated the original documents, as the opposite party had already issued the full and final payment certificate on April 18, 2009, jointly in the name of the complainant as well as the opposite party no 2. It is further clarified that the various sale certificates in the joint name of the complainant and the opposite party No. 2 were ready; but they did not turn up to receive them.
The opposite party no. 2 pleaded that there was no occasion for her to back out from the deal. She was the co-owner in the property to the extent of 2/3rd share, as she had paid a sum of Rs 8 lakh, out of the total sale consideration of Rs 12,75,770, whereas, the complainant had paid only an amount of Rs 4.55 lakh. It was asserted that the agreement to sell, dated 15.4.2008, and No Due Certificate dated 31.03.2009, are forged and fabricated documents.
The opposite party no. 3 initially appeared in person but subsequently did not turn up. Therefore she was proceeded against exparte vide order dated April 26, 2011. The forum said once the opposite party no. 1 had issued the No Due Certificate, then they were legally bound to execute/issue the sale certificate in favour of the complainant in respect to the properties.