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Estate Office asked to pay over Rs 3 lakh for negligence in duties

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Express news service

Posted: Nov 16, 2007 at 0000 hrs IST

Chandigarh, November 15 The delay of eleven months in issuing a No Objection Certificate (NOC) regarding a transfer of a shop-cum-flat (SCF) through an instrument of gift deed has cost dearly to the Estate Office, UT Chandigarh. The State Consumer Disputes Redressal Forum has directed the Estate Office to pay the complainant not only the extra amount (Official negligenceRs 1,61,210) she had to incur owing to increase in the stamp duty during the intervening period, but also to pay Rs 2 lakh as compensation for facing undue harassment. The amount will be recovered personally from the officials who were negligent in performing their duties.

According to Jaswinder Kaur, the complainant, her mother-in-law had moved an application to the Estate Office in August 2005 for issuance of an NOC for transferring her shop-cum-flat in Sector 9 D in favour of Jaswinder Kaur. The application was rejected on the grounds that the site in question already stood resumed due to building violations. When the complainant’s mother-in-law filed an appeal against the order before the appellate authority, Commissioner, Municipal Corporation, the case was remanded to the estate office and consequently the NOC was issued. It was found that the order resuming the SCF for building violations was cancelled later on. Alleging deficiency in service, the complaint was filed by Jaswinder Kaur that she had to spend Rs 1,61,210 due to the delay on part of the Estate Office as, in the meantime, rate of stamp duty had increased. The rate in August 11, 2005 was Rs 45,000 per square yard and rate of registration fee was Rs 1000, while in July 2006, the rate shot up to Rs 72,000 per square yard and the rate of registration fee Rs 10,200.

The State Consumer Disputes Redressal Commission headed by Justice K C Gupta held the estate officials responsible for the losses suffered by the complainant and directed them to pay the amount from their pockets.

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