BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
SRI M.V.R. SHARMA, MEMBER.
Wednesday, 12th November 2014
CONSUMER COMPLAINT No. 36/ 2014
K. Sridhar Babu, S/o K.L.N. Rao, aged 48 years,
Residing at Flat No. 406, Narayanadri Residency,
Balaji Nagar, Kadapa City. ….. Complainant.
Vs.
1. The Vice – Chairman & Housing Commissioner,
AP Housing Board, 1st floor, Griha Kalpa, M.J. Road,
Hyderabad – 500 001.
2. The Special Commissioner (Housing),
AP Housing Board, 1st floor, Griha Kalpa,
M.J. Road, Hyderabad – 500 001.
3. The Executive Engineer (Housing),
A.P. Housing Board, Kallurpalli, Nellore.
4. The Dy. Executive Engineer (Housing),
A.P. Housing Board, Putlampalli, Kadapa.
5. The Asst. Engineer, A.P. Housing Board,
Putlampalli, Kadapa. ….. Respondents.
This complaint coming on this day for final hearing on 29-10-2014 in the presence of Sri G.N. Raju, Advocate for complainant and Sri P. Subramanyam, G.P for Respondents and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1. Complaint filed under section 12 of the C.P. Act 1986.
2. The brief facts of the complaint are as follows:- it is submitted that the complainant is a resident of Kadapa town doing private job. It is further submitted that the respondents i.e. Andhra Pradesh Housing Board have advertised calling applications from the eligible persons for allotment of HIG Houses / Core Houses under self – financing scheme situated in Sir Thomas Munro Township, Putlampalli, near RIMS, Kadapa. A copy of notification is attached for kind perusal of the Hon’ble forum. In response to the above advertisement, the complainant has paid Rs. 2,85,000/- by way of a demand draft bearing No. 360409, dt. 5-6-2013 towards 10% of the cost of the house and another demand daft for Rs. 200/- bearing No. 360410, dt. 5-6-2013 towards cost of application. Subsequently, the prescribed application which was downloaded from the website of the respondents Board was duly filled in and submitted the same in person to the respondent No. 5 herein. After initial scrutiny, the R5 has issued a receipt acknowledging the receipt of filled in application along with two demand drafts. A copy of the receipt is filed herewith and prays to read the same as part and parcel of the complaint.
3. Further submitted that as per the terms and conditions of the respondent board, after closure of last date of receipt of applications, they will finalize the list of applications and intimate a date on which a ‘dip’ will be conducted at the STM town ship and allot houses to the successful applicants respectively. Believing the words the respondent’s notification, the complainant has submitted his application. In the man while, the R3 has sent a letter dt. 1-10-2013 to the complainant requiring him to submit his employment certificate as he is a private employee within a week from the date of the letter. The said letter was received by the complainant on 11-10-2013 due to Samaikyandra agitation. As the employer of the complainant is situated at Delhi, he immediately contacted and requested for issuance of employment certificate. The said certificate was issued on 12-10-2013 and sent by post. In view of the shortage of time, the complainant got the employment certificate by e-mail and a copy of the same was submitted along with a letter dt. 14-10-2013 to the R3 requesting them to consider the dame with a promise to submit the original after its receipt in view of the Samaikyandra agitation. A copy of the complainant’s letter dt. 14-10-2013 is filed. Subsequently, the complainant has received the original employment certificate and the same was submitted in person to the R5 office. The complainant was waiting for a call from the respondents intimating the date of dip with a fond hope.
4. Surprisingly, on 6-12-2013 at about 11.30 am, through his friend, the complainant came to know that the lottery / dip is being conducted at STM township. Though he has not received any letter, immediately, he requested his friend to proceed and attend the lottery. On enquiry he was informed that his name is kept under objection list for non-submission of employment certificate. A copy of the objection paper affixed at the spot on the day of dip is filed herewith for kind perusal of the Hon’ble forum. When approached the R3 directed the complainant to approach R1 for suitable orders in this regard. At this juncture, it is submitted that though the complainant has submitted his employment certificate 20 days in advance to the date of lottery, his name was kept under ‘objection list’. Further, the complainant is not informed about the lottery being conducted on 6-11-2013. The complainant has fulfilled all the requirements at the time of submission of application itself as specified in the application. After going through the application submitted, R5 has issued an acknowledgement also. Unnecessarily, the complainant is deprived of his right to get allotment on the day for no fault.
5. It is further submitted that as directed by the R3, immediately on 7-11-2013, the complainant has sent a representation to R1 to R3 by registered post. Subsequently, when the complainant met the R2 at Hyderabad personally along with a copy of representation dt. 7-11-2013 he was directed to the R3 when the r3 was approached at Nellore, finally the complainant was suggested to claim for refund of the application amount. It is understood that the R2 and R3 are adopting dilatory tactics to save their skin from the lapse committed and forcing him to take back his application by claiming refund. At this juncture, the complainant submits that there are still 13 completed houses available for allotment as 17 houses were allotted in the lottery on 6-11-2013 out of 30 notified houses and no hindrance will be caused to any one if a completed house is allotted to the complainant.
6. Finally on 3.3.2014, the complainant got issued a legal notice by registered post with acknowledgement due through his counsel to all the respondents demanding them to allot a HIG House to him within 7 days from the date of receipt of the said notice. The complainant received acknowledgements from R1 to R3 but did not receive any reply from them. Due to negligent acts and dilatory tactics of the respondents the complainant is put to severe mental agony, financial loss. It shows clearly the deficiency of service on the part of the respondents under the provisions of Consumer Protection Act 1986 left with no other option, the complainant is obliged to prefer this complaint before the Hon’ble forum.
7. The cause of action arose on 16-4-2013 when the respondents have issued a notification inviting applications for allotment of HIG houses at PutlampalliSTM township, Kadapa and on 5-6-2013 when the complainant has submitted his application along with two demand drafts towards application cost and EMD amount, and on 11-10-2013 when the complainant received a letter from R3 to submit his employment certificate and on 13-10-2013 when the complainant submitted a copy of the employment to the R3 and on 6-11-2013 when the R3 have conducted ‘dip/lottery’ without issuing any letter of intimation to the complainant and when the complainant approached the R3 he was directed to approach the R1 for redressal of his grievance and on 7-11-2013 when the complainant submitted a representation to the R1 and R2 with a copy to the R3 and on all subsequent days when the respondents played dilatory tactics over the complainant and forced him to withdraw his application by claiming refund, and finally on 3-3-2014 when the complainant got issued a legal notice to all the respondents demanding to allot HIG House and the R1 to R3 acknowledged receipt of the said notice but neither responded nor complied with the demand within the jurisdiction of this Hon’ble forum at Kadapa. A fee of Rs. 100/- is paid by way of I.P.O.
8. It is therefore, prayed that the Hon’ble forum may be pleased to direct the respondents jointly and severally to (a) allot one HIG house to the complainant in the Sir Thomas Munro Township, putlampalli, Kadapa as he has fulfilled as the requirements as per law, (b) to pay Rs. 50,000/- as compensation towards mental agony and financial loss to the complainant and (c) to pay Rs. 10,000/- towards costs of the complaint and pass such other reliefs as the Hon’ble forum may deem fit and proper in the circumstances of the case in the interest of justice.
9. Counter filed by R3 and the same was adopted by R1, R2, R4 and R5 with a memo.
10. The complaint filed by the complainant is neither just nor maintainable either in law or on facts of the case. The complainant is put to strict proof of all the allegations mentioned in the complaint which are not expressly and specifically admitted herein by this respondent.
11. It is submitted that A.P. Housing Board issued demand survey notification on 16-4-2013 inviting applications for allotment of 30 houses in HIG group 83 houses in HIG core and 37 MIG houses at putlampalli under self-fiancé scheme duly prescribing that the last date of submission of filled application is 31-5-2013 for general public and 15-6-2013 for defense personnel. The applications have to be submitted along with the earnest money deposit in the shape of D.D no house certificate, income certificate, service certificate and age certificate apart from other requirements.
12. It is submitted that the complainant sent an application for HIG Housing group however, the complainant did not submit service certificate along with his application in support of his employment. He has produced the income certificate from the Gazetted officer. Being employee as claimed by him he should have submitted authenticated certificate or pay slip. The housing Board is at liberty to reject his application for the said lacuna. However, the Board requested him to submit his service certificate vide letter dt. 01-10-2013 granting one week time for submission of service certificate. The complainant failed to submit service certificate through he received the said letter. It is false to say that the complainant sent service certificate to R3 on 14-10-2013. The R4 did not receive any such letter or service certificate. The complainant has not filed any proof to show that he has sent service certificate by registered post except the copy of the letter which is fabricated. The employment certificate is also a got up document.
13. It is submitted that the complainant sent a representation dt. 7-11-2013 requesting to allot the house. He was given suitable reply that he is not entitled for allotment of house as his application was rejected. He was advised to apply for refund of EMD amount instead he filed the present complaint with all false allegations. It is false to say that the respondent has got given any reply to the legal notice of the complaint. He was given suitable reply dt. 14-5-2014.
14. It is submitted that mere submission of application does not confer any right of allotment on the application. The board has power to reject the application for want of requirement. There are total 18 applicants whose applications were rejected including the complainant. There is no grudge for the board officials against the complainant. There is no deficiency of service on the part of the board. The respondents cannot be penalized for the lapses on the part of the complainant.
15. There is no cause of action for filing the complaint, all the other allegations in the complaint which are contrary to the version of the case of the respondent are all false and invented for the purpose of filing of this false complaint.
16. It is submitted that there are no bonafides on the part of the complainant. The complaint is highly misconceived and hence the complaint is liable to be dismissed in limine. Therefore, humbly prayed that the Hon’ble forum be pleased to dismiss the complaint of the complainant with cots, in the interest of justice.
17. On the basis of the above pleadings the following points are settled for determination.
i. Whether the complainant is entitled to the relief as prayed by him or not?
ii. Whether there is negligence or deficiency of service on the part of the Respondents?
iii. To what relief?
18. On behalf of the complainant Exs. A1 to A11 were marked. The complainant filed written arguments. Exhibits, Nil on behalf of the respondents 1 to 5.
19. Point Nos. 1 & 2. It is an admitted fact that under Ex. A1 the APHB notification inviting application for allotment of house / core house constructed near RIMS College, Putlampalli, Kadapa. The complainant has sent Demand draft for Rs. 2,85,000/-, dt. 5-6-2013 under Ex. A2 and the same was received by R5 under Ex. A3. Under Ex. A1 the respondents did not given any requirement certificates, after six months of notification and after four months of receipt of demand draft from the complainant, the R3 had sent a letter to the complainant to furnish a list of certificates which includes service certificate from the employer for the same the complainant had produced his service certificate dt. 14-10-2013 to R3. The employer of the complainant had issued e-mail service certificate dt. 12-10-2013 and forwarded the same to R3 with a request letter under Ex. A5. Ex. A6 is the certificate issued by employer of the complainant. As the complainant had not produced service certificate as required by R3, the complainant’s name was not added in dip and the name of the complainant was displayed in the objection list stating that service certificate was not produced. As stated by the complainant in his complaint at the time of Samykayandra agitation due to that there may be postal delay in receiving the letter issued by R3, stating that, want of service certificate from the complainant. After receiving the letter from R3 the complainant had immediately sent the service certificate to R3. As per notification under Ex. A1 this is not a major objection. The respondents to cause inconvenience not allotting the house to the complainant. The complainant had submitted his service certificate 20 days in advance to the date of lottery. The respondents had received a large amount of Rs. 2,85,000/- by way of demand draft from the complainant. It is not a proper way of discharging their duties. After receiving demand draft of the complainant the respondents should inform them to produce all needy documents for allotment of plot, for lottery system but they did not do so, they kept quiet for four months after receiving the demand draft from the complainant. It clearly proves deficiency of service and negligence on the part of the respondents 1 to 5. The complainant had issued legal notice on 3-3-2014 through his counsel to respondents 1 to 5. Ex. A1- supports the same. But there is no reply from R1 to R5. Under Ex. A11 demand survey application form of A.P. Housing board they required age certificate, physical handicapped certificate, no house certificate, income certificate, caste certificate, service certificate in that service certificate column it is very clearly mentioned that in case of state Government employee only service certificate is necessary when the complainant is a private employee stated the same in his application. How the authorities again demands the complainant to produce the service certificate. As per rules and regulations in case of state government employee only they need service certificate. It clearly proves deficiency of service on the part of the respondents 1 to 5. The Demand draft for Rs. 2,85,000/- collecting by the respondents from the complainant is 10% cost of the house. It is not a very small amount, when collecting large amount from the public, the respondents should be very careful in framing their rules and regulations at the time of issuing notification itself. There is no fault on the part of the complainant. Hence, the complainant is eligible for compensation as prayed by him at same time there is deficiency of service on the part of the respondents 1 to 5.
20. Point No. 3 In the result, the complaint is allowed, directing the respondents 1 to 5 to allot a HIG house to the complainant, at Sir Thomas Munro Township, Putlampalli, near RIMS, Kadapa, pay Rs. 20,000/- (Rupees twenty thousand only) towards compensation for mental agony and financial loss to the complainant and pay Rs. 5,000/- (Rupees five thousand only) towards cost of the complaint to the complainant, within 30 days from the date of receipt of this orders.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 12th November 2014.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant NIL For Respondents : NIL
Exhibits marked for Complainant : -
Ex. A1 Copy of notification dt. 16-4-2013.
Ex. A2 Photocopy of demand draft submitted by the complainant
Ex. A3 Copy of receipt issued by the respondent No. 5.
Ex. A4 Copy of letter dt. 01-10-2013 issue dby R3.
Ex. A5 Copy of letter dt. 14-10-2013 submitted by the complainant.
Ex. A6 Copy of the employment certificate dt. 12-10-2013.
Ex. A7 Copy of objection list affixed at the site on day of dip.
Ex. A8 Copy of representation dt. 7-11-2013 submitted by the complainant to R1 to R3.
Ex. A9 Office copy of legal notice dt. 3-3-2014.
Ex. A10 Postal acknowledgement cards 3 nos.
Ex. A11 Copy of demand survey application form.
Exhibits marked on behalf of the Respondents: NIL
MEMBER MEMBER PRESIDENT
Copy to :-
1) Sri G.N. Raju, Advocate for complainant.
2) Sri P. Subramanyam, Govt. Pleader for respondents.
B.V.P.
