Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 57
Instituted on : 22.01.2021
Decided on : 29.12.2023
Bharti w/o Sh. Bharat Joon, age 37 years, r/o Village GaddiKheri, Tehsil and District, Rohtak.
………..Complainant.
Vs.
- Administrator, Awas Board, Haryana, Rohtak, Vikas Nagar near Astha Hospital Rohtak.
- Chief Administrator Awas Board, AwasBhawan, Plot No.15-C, Sector-6, Panchkula, Haryana.
…….Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
Present: Sh. Dinesh Dangi, Advocate for complainant.
Opposite party No.1 & 2 exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that she had applied for a plot Type-C in sector-6, Panchkula vide application no.12812. The complainant’s was allotted Type C flat and he paid Rs.1810000/- for the alleged flat. Out of which Rs.17618/- were deducted as TDS, for which opposite party is liable. The opposite parties issued a letter dated 10.11.2016 as per which the rates of flat were revised and whosoever was unable to make the payment of alleged revised amount, his amount will be refunded. The husband of complainant moved an application with the opposite party no.2 on dated 12.07.2017. Complainant came to know through RTI that a cheque no.875795 dated 13.06.2017 amounting to Rs.1968558/- was issued in which the interest for the date 15.11.2013 to 10.11.2016 was paid to the complainant. The interest of complainant upto 13.06.2017 for 7 months was outstanding towards the department. Complainant moved an application dated 25.06.2019 to the opposite party for payment of alleged outstanding interest and also sent a legal notice dated 09.10.2019. The reply of legal notice was sent by the department on 02.12.2019. But the amount of interest has not been paid till date by the opposite parties. The act and conduct of the opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay the interest of 7 months on the principal amount deposited by the complainant and also to pay Rs.25000/- as compensation on account of deficiency in service and Rs.5500/- as litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties.Notice issued to opposite party No.1 & 2 through registered post dated 08.02.2021. As per the track report submitted by ld. Counsel for the complainant, item delivery was confirmed. But none appeared on behalf of opposite party No.1 & 2 and as such opposite party no.1 & 2 were proceeded against expartevide order dated 20.04.2021of this Commission.
3. Learned counsel for the complainant in his evidence has tendered affidavits Ex.CW1/A & Ex.CW2/A, documents Ex.C1 to Ex.C15 and has closed his evidence on dated 17.09.2021.
4. We have heard learned counsel for the complainant and have gone through the material aspects of the case very carefully.
5. In the present case as per allotment letter Ex.C3 dated 08.01.2014, complainant was allotted a flat Type-C by the opposite parties. As per the complainant, she had deposited an amount of Rs.1810000/- for the alleged flat. But due to revision of rates by the opposite parties, she was unable to pay the same, so as per the policy of opposite party she made a refund request. But despite her repeated request, the amount was not refunded to the complainant. Complainant moved an RTI application, through which she came to know that opposite party has prepared a cheque dated 13.06.2017 which was not dispatched till 12.07.2017. To prove the same complainant has placed on record copy of RTI application Ex.C8 and copy of letter Ex.C6/Ex.C7. Ex.C5 is the receipt of application under RTI. As per copy of reply issued by opposite party No.2 under RTI, the total amount was refunded Rs.1968558 vide cheque no.875795 dated 13.06.2017, principal amount was Rs.1810000/- & interest amount Rs.176176/-. Duration of interest was from 15.11.2013 to 10.11.2016. The issuing date of cheque is 13.06.2017 & dispatch date is 20.06.2017. Interest paid @ 5.5% p.a. to all the applicants as per board policy. From the alleged letter dated 23.11.2017 placed on record as Ex.C10, it is proved that the opposite parties has only paid the interest w.e.f. 15.11.2013 to 10.11.2016 whereas he date of cheque is 13.06.2017 and the date of dispatch of cheque is 20.06.2017. It means that the interest w.e.f. 11.11.2016 to 13.06.2017 i.e. for 7 months has not been paid by the opposite parties. On the other hand, opposite parties did not appear despite service of notice and were proceeded against exparte vide order dated 20.04.2021 of this Commission, which shows that they have nothing to say in the matter and all the allegations levelled by the complainant against the opposite parties stands proved.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties to pay the interest @ 5.5% on the alleged amount of Rs.1810000/- w.e.f. 11.11.2016 to 13.06.2017 and also to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
29.12.2023.
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Nagender Singh Kadian, President
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TriptiPannu, Member
