Haryana

StateCommission

A/1317/2018

HOUSING BOARD HARYANA AND ANOTHER - Complainant(s)

Versus

CHARAN DASS - Opp.Party(s)

TARUN GUPTA

08 Jan 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                                             

 

First Appeal No :  1317 of 2018

Date of Institution: 05.12.2018

Date of Decision : 08.01.2019

 

 

 

1.      The Chief Administrator, Housing Board Haryana, Plot No.C-15, Awas Bhawan, Sector 6, Panchkula.

 

2.      Executive Engineer, Housing Board, Haryana, Kothi No.103, Vikas Nagar, Rohtak.

                                      Appellants-Opposite Parties

 

Versus

 

Charan Dass son of Sh. Nauhria Mall, resident of House No.131, Amba Niwas, Near Gurudwara, Subhash Nagar, Rohtak at present residing at House No.336, Gali No.2, Basant Vihar, near Sheela Bye-Pass, Rohtak.

Respondent-Complainant

 

 

 

CORAM:             Hon’ble Mr. Justice T.P.S. Mann, President.

                             Shri Diwan Singh Chauhan, Member                      

 

 

 

Present:               Shri Tarun Gupta, Advocate for appellants.

 

 

                                                   O R D E R

 

T.P.S. MANN J.(ORAL)

 

          The Chief Administrator and the Executive Engineer of Housing Board, Haryana have filed the present appeal for challenging the order dated 14.09.2018 passed by learned District Consumer Disputes Redressal Forum, Rohtak whereby the complaint filed by respondent Charan Dass  under Section 12 of the Consumer Protection Act, 1986 stood disposed of directing the appellants to pay him the remaining interest of 3.5% on the earnest amount of Rs.69,000/- from the date of deposit till 25.04.2017 besides Rs.3000/- as litigation expenses.

2.      The respondent had applied for a flat in Sector 9, Bahadurgarh and deposited Rs.69,000/- while submitting application No.4875.  Lateron when he remained unsuccessful in the draw of lots, the aforementioned amount was refunded to him.  On 16.07.2012, the appellants offered the respondent to consider his name in the fresh draw of lots and advised him to deposit Rs.69,000/- as earnest money.  Accordingly, the respondent deposited Rs.69,000/- on 24.07.2012 but the same was refunded by the appellants on 01.10.2015 by way of a cheque, besides the appellants paid interest on the aforementioned amount @ 5.5% per annum.

3.      According to the respondent, as per the terms and conditions mentioned in the booklet, the appellants were to pay interest on refund amount for the period beyond six months.  Accordingly, he served a legal notice to the appellants for payment of interest but to no effect.  Hence, he filed the complaint wherein he prayed for directing the appellants to pay Rs.39,589/- as interest @ 18% per annum on the amount of Rs.69,000/- from the date of deposit till payment besides compensation and cost of litigation.

4.      After going through the evidence led by the parties, learned District Forum held that the respondent was entitled to receive interest @ 9% per annum.  However, as he had already received the interest @ 5.5%, he was held entitled remaining interest of 3.5% per annum. 

5.      Learned counsel for the appellants has submitted that the appellants were required to pay interest @ 5.5% only and not 9%.  However, he could not produce any material from which it could be inferred that the appellants were required to refund the earnest amount alongwith interest @ 5.5% only.  As the appellants had already paid the interest @ 5.5%, the learned District Forum held that the respondent was entitled for remaining interest @ 3.5% per annum.

6.      In view of above, no relief can be granted to the appellants in the present appeal.  Being devoid of any merit, it is hereby dismissed.

7.      The statutory amount of Rs.7,236/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced 08.01.2019

(Diwan Singh Chauhan) Member

(T.P.S. Mann) President

UK