Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 505
Instituted on : 26.08.2022
Decided on : 14.06.2023
Dhanwanti aged-70 years W/o Mr. Umed Singh R/o H.No.337-A/29, Ram Gopal Colony, Rohtak.
……….………..Complainant.
Vs.
- Branch Manager, State Bank of India, Main Branch, SCO-14, Sector-10, Panchkula-134109.
- Branch Manager, State Bank of India, Main Branch, Rohtak through its Branch Manager.
- Chief Account Officer, Housing Board Haryana, Awas Bhawan, Plot No. C-15, Sector-6, Panchkula-134109.
..…….……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER.
Present: Sh. Sandeep Hooda, Advocate for complainant.
Sh. O.P.Chugh, Advocate for opposite party No. 2.
Sh. Ravi Clerk alongwith Sh. Joginder Singh Dhamija, Advocate for OP No.3.
Opposite party no. 1 already exparte.
ORDER
TRIPTI PANNU, MEMBER:
1. Brief facts of the case as per complainant are that she had applied for flats under the housing scheme at 618 Nos. Type-A, Sector-9, Bahadurgarh of Housing Board, Haryana vide application no.60018, provision no.1859/BAH/T-A/SBI/General with opposite party no. 3. She had deposited an amount of Rs.69,000/- as registration amount with opposite party no. 3. But she remained unsuccessful in the draw. So, the registration amount was to be refunded by the opposite party no. 3 to her. The refund of the registration amount of the complainant was initiated by the opposite party no. 3 to the opposite parties no. 1 and 2 on 02.09.2015. The same was to be repaid within a period of 30 days failing which the opposite parties were liable to pay simple interest @ 5.5% per annum. The opposite parties no. 1 & 2 failed to refund the registration amount i.e. Rs.69,000/- to the complainant even after receiving the same on 02.09.2015 from opposite party no. 3 without any justifiable reason. The complainant had inquired regarding the refund of registration money from opposite party no. 3 vide application dated 10.06.2019, only then she came to know that the opposite party no. 3 had already refunded the registration amount to the opposite parties no. 1 & 2 vide letter no. HBH/Acctts/2015/7054-59 dated 02.09.2015. It is further submitted that after many requests made by the complainant to the opposite parties no. 1 & 2, the opposite parties had refunded the said amount i.e. Rs.69,000/- on 21.11.2020, but they failed to pay any interest amounting to Rs.19,765.50/- from the period 02.09.2015 to 21.11.2020. There is delay of 62 months in paying the registration amount by the opposite parties. It is also submitted that complainant had sent a legal notice dated 20.01.2022 to the opposite parties but they did not pay any heed towards the genuine requests of complainant. As such, 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 Rs.19,765.50/- on account of delay in the refund and also to pay an amount of Rs.20,000/- as compensation and Rs.20,000/- as litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite party No. 2 appeared and submitted its reply that the complainant has moved an application to the opposite party no.1 on 03.10.2019 regarding refund of amount because the amount was to be refunded to the complainant by opposite party no.1. The opposite party no. 3 has also issued letter to opposite party no. 1 regarding refund of amount. It is also submitted that complainant is not entitled to interest on the said amount. All the other contents of the complaint were stated to be wrong and denied and he prayed for dismissal of complaint with costs. Opposite party No. 3 appeared and submitted that the complainant remained unsuccessful in the draw of lots held on 21.08.2015 for allotment Type-A Flats Sector-9, Bahadurgarh against her provisional registration no.1859/BAH/T-A/SBI/General, application no.60018. The complainant deposited an amount of Rs.69,000/- as registration amount with Housing Board Haryana. So the registration amount was to be refunded to the complainant-Dhanwanti Devi. The State Bank of India Sector-10, Panchkula-opposite party no. 1 was requested to refund application money to all unsuccessful applicants through account payee cheques payable as par at all participating branches of this Bank within 30 days of draw of lots failing which interest at 5.50% p.a. will be paid by the Bank for delay beyond 30 days. The complainant never approached the Housing Board Haryana for getting her refund before she made application on 10.06.2019. On receipt of her application dated 10.06.2019, the opposite party no. 3 again requested to the Assistant General Manager, State Bank of India, Sector-10 Panchkula with copy to Smt. Dhanwanti Devi vide No. HBH/Acctts-V/2019/2524-26 dated 18.06.2019 for refund of money with interest to the applicant. Notice issued to opposite parties no. 1 through registered post on 06.10.2022 received back with the report of refusal. None has appeared on his behalf. Statutory period of 30 days elapsed. As such, opposite party no. 1 was proceeded against exparte vide order dated 06.10.2022 of this Commission.
3. Learned counsel for the complainant in his evidence has tendered affidavit Ex. CW-1/A, documents Ex. C1 to Ex.C8 and closed the evidence vide separate statement dated 07.02.2023. Learned counsel for the opposite party no. 2 tendered affidavit Ex. RW2/A and close his evidence vide separate statement dated 08.06.2023. On the other hand, Sh. Ravi, Clerk of Estate Manager Housing Board for the opposite party no. 3 tendered affidavit Ex. RW-3/A, documents Ex. R3/1 to Ex. R3/2 and close his evidence vide separate statement dated 24.04.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case, it is not disputed that complainant had paid Rs.69000/- for booking of plot with the respondent no.3 under the housing Scheme of Plot in Sector 9, Bahadurgarh. The complainant was unsuccessful applicant in the draw of lots. So she requested the opposite parties to refund the alleged amount. The respondent no.3 requested the respondent no.1 & 2 to refund the deposited amount of all unsuccessful applicants within the prescribed period within one month from the date of draw. In this regard a letter has been written by the respondent no.3 to respondent no.2. Thereafter a reminder was also written by the respondent no.3 to respondent no.1 and the copy of the same is placed on record by the complainant as Ex.C6. As per this letter : “An FDRs of Rs.44,61,18,269/- were forwarded to your Bank by this office vide letter No.HBH/Acctts/2015/7054-59 dated 02.09.2015(Copy Enclosed) and requested to make the refund of Rs.41,16,54,000/- of 5966 unsuccessful applicants @ Rs.69,000/- each applicant within the prescribed period of one month from the date of draw. If any delay occurs in refund, simple interest @ 5.5% per annum will be paid by your Bank for delay beyond 30 days. But it appears that the Earnest Money of Rs.69,000/- has not yet been refunded to all 5966 unsuccessful applicants till date. Smt. Dhanwanti Devi w/o Shri Umed Singh R/o House No. 337A/29, Ram Gopal Colony Near Hotel Sky Hawk, Rohtak-124001 Mobile No.7206620150 vide her application dated 10.06.2019 (Copy Enclosed) has intimated that amount of Rs.69,000/-, of above said scheme has not been refunded to her”.
6. As per the complainant he had received an amount of Rs.69000/- on 21.11.2020. The respondent has not paid the interest to the complainant as per the terms and conditions of the letter Ex.C6 issued by the respondent no.3 to respondent no.1. As per policy of the Government, if the deposited amount was to be refunded by the concerned bank or department in that condition the bank/department is liable to pay the same alongwith interest @ 5.5 % p.a. on the deposited amount to the applicants but in the present case merely the deposited amount has been refunded to the complainant after a lapse of 5 years. As per opinion the complainant is entitled for interest amount, which has been claimed by the complainant in his prayer clause Rs.19566/- by calculating the interest w.e.f. 02.09.2015 to 21.11.2020.
7. In view of the facts and circumstances of the complaint, we hereby allow the complaint and direct the opposite party No.1 & 2 to pay the alleged amount of Rs.19566/-(Rupees nineteen thousand five hundred and sixty six only) alongwith interest @ 9% p.a. from 22.11.2020 to till its realsiation. Opposite party No.1 & 2 are further directed to pay Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
8. 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:
14.06.2023
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member
