BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,   REWARI.

                                                Consumer Complaint No: 376 of 2012.

Date of Institution:   10.09.2012.

Date of Decision:     07.01.2015.

Mahipal son of Shri Balwant resident of village Lodhana, Tehsil and District Rewari.

                                                                         …....Complainant.

                                      Versus

Ansal Housing Company Ltd. office, Ansal Town in front of  Sector-19, Rewari, Tehsil and District Rewari. 

                                                                 ….…Opposite Party.

Complaint Under Section 12  of Consumer Protection Act

        Quorum: Shri  Raj  Kumar ………. …..………..PRESIDENT

                        Shri Kapil Dev Sharma…………………M        EMBER

Argued by:      Shri  Satyapal Yadav, Advocate for the complainant.

                        Opposite party exparte.

                                           ORDER

 Per  Raj Kumar President

                                    By way of this complaint, the complainant who had applied for a plot on  29.3.2010 under the scheme of EWS category launched by the opposite party has prayed for the refund of Rs. 4,000/- with interest  @ 24% p.a. alongwith compensation of and litigation expenses .

2)                         Notice issued to the opposite party received back with the report of refusal and it also opted not to appear  on the date fixed and as such it was proceeded exparte.    

3)                         We have heard the counsel for the complainant and gone through both oral as well as documentary evidence available on record.

4)                         A perusal of the record shows that the opposite party had floated a scheme for the economically backward class wherein there was no mention of the BPL clause.  In furtherance of the scheme, the complainant had deposited Rs. 4,000/- vide DD dated   29.3.2010  vide  receipt  Ex. C-2.   Ex. C-3 shows that a legal notice was served upon the opposite party under registered parcel Ex. C-5  which shows that the opposite party refused to accept the same.   Ex. C-6 written by the opposite party to the complainant really goes  to  show  that it was obligatory for them to refund the amount if so requested.   Since the opposite party is exparte, there is nothing on record to show as to under which capacity they have declined to refund the amount.   This act and conduct on the part of the opposite

party amounts to grave deficiency in service on its part.   

5)                         In view of the above discussion and for the foregoing reasons, the complaint is allowed directing the opposite party  to refund the amount of Rs. 4,000/- to the complainant  with interest @ 9% p.a. from the date of deposit  till realization.  Since the complainant has suffered a lot, he is allowed lump sum compensation and litigation expenses which are quantified at Rs. 5500/- againt the opposite party  to be paid within a period of one month  from the date of receipt of the copy of this order. 

Announced

 07.1.2015.                         

                                                                    President,

                                                          Distt. Consumer Disputes

                                                          Redressal Forum, Rewari.

                    Member, 

             DCDRF,Rewari.