Haryana

Charkhi Dadri

CC/3/2022

Partap Soni - Complainant(s)

Versus

Chief Administrator Housing Board Haryana Panchkula - Opp.Party(s)

Ajay saini

09 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                                        Complaint Case No. 03 of 2022

                                                                        Date of Institution: 11.01.2022

                                                                        Date of Decision:    09.01.2024

 

Partap Soni son of Sh. Gugan Ram Soni, resident of Jhadu Singh Chowk, Jindwara Mohalla, Charkhi Dadri.

 

                                                                                    ….Complainant.

                                                            Versus

1. Chief Administrator, Housing Board Haryana, Panchkula.
2.  Estate Manager, Housing Board Haryana, Hisar

 

                                                                                         …....OPs/Respondents. 

 

  COMPLAINT UNDER THE CONSUMER PROTECTION ACT.

 

Before: -        Hon’ble Sh. Manjit Singh Naryal, President

                        Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:          Sh. Kapil Saini, Adv. for complainant.

                        OPs already exparte.

 

ORDER:-

 

1.                 Partap Soni (hereinafter referred to as “the complainant”) had filed the present complaint against the opposite parties (hereinafter referred to as “the OPs) with the averments that complainant had applied for EWS flat in proposed HB Colony, Sector 5 Hansi which was to be constructed & developed by the OPs and allotted to the complainant remained successful in draw system conducted on 03.05.2011.  The OPs had intimated to the complainant about acceptation of his application and provided final registration number 1047 vide letter bearing number HBH/CRO(PM)/2011/7730 dated  29.08.2011 and asked the complainant to deposit the initial amount i.e. Rs. 51,000/- towards the price of the above said flat (stated to be about Rs.3,00,000/-) which was to be deposited by the complainant through demand draft in the name of Housing Board, Haryana, Panchkula.

                         It was also averred that the complainant had deposited the amount of second installment Rs. 58,232/- in 2012 towards the price of EWS Flat alongwith all other relevant documents demanded by the OPs. The possession of the flat was to be delivered in the year 2016. But the OPs neither delivered the possession nor intimated the complainant in this regard. Complainant visited so many times to the office of OPs/respondents to know the likely date of possession of flats but no satisfactory reply was given. During Covid-19 period, the OPs issued wrong and baseless letter bearing number 2340 dated 11.09.2020 and imposed false allegations of not taking the possession of abovesaid flat within 30 days after issuance of possession letter. However, no such alleged possession letter was received by the complainant rather it was the complainant who always requested the OPs to deliver the possession of abovesaid flat. On assurance of OP no.2, the complainant waited for more time as he could not pursue his issue to the higher authorities due to the restrictive conditions imposed by the State & Central Government in surge of COVID-19. But vide their letter dated 01.02.2021, the OPs had informed that the allotment of flat no. 1491-SF has been cancelled.  Consequently, the complainant served a legal notice dated 17.10.2021 upon the opposite parties but the said legal notice has also not brought any fruitful result and this wrongful act of the opposite parties has caused mental agony and harassment to the complainant. Accordingly the complainant filed, the present complaint seeking refund of deposited amount of Rs. 1,09,232/- with interest @18% with compensation for mental agony and torture caused and litigation charges.

2.                After registration of complaint, notices were issued to the opposite parties through registered post and the delivery of notice issued to the OPs was found confirmed. But as none appeared on behalf of OPs, they were proceeded against exparte vide order dated 23.05.2022 passed by this Commission.

3.                The complainant in his evidence tendered affidavit Ex. CW-1/A and documents Ex.C-1 to Ex.C-11 and closed the evidence on 19.12.2022.

4.                We have heard the exparte arguments of learned counsel for the complainant and have gone through material aspects of the case very carefully.

5.                In the present case, the contention of the complainant is that the opposite parties allotted a flat to the complainant and allegedly received Rs.1,09,232/- (i.e. Rs.51,000/- paid initially and Rs. 58,232/- paid subsequently in 2012) but the opposite parties cancelled the allotment vide their letter dated 01.02.2021 on the ground that the complainant failed to take the possession of flat, that is too without any information and consent of complainant. The said contention of complainant is corroborated by her own affidavit Ex. CW-1/A. The cancellation letter placed on record is Ex. C-8 wherein it is mentioned that “since the complainant failed to take the possession of flat, within stipulated period, as such, the allotment of flat is hereby cancelled and the amount deposited by him will be refunded as per policy of Board.” We have observed that despite said letter (Ex. C-8) issued by the OPs to the complainant on 01.02.2021, the OPs failed to refund the amount as per their policy.  It has been observed that the complainant also got served legal notice dated 17.10.2021 through registered post (as is clear from Ex. C-9) but the OPs failed to refund the deposited amount. Hence, the complainant had to file the present complaint on 11.01.2022. Even after filing of the present complaint by the complainant, when this Commission issued/served notice through registered post to the OPs, none appeared on their behalf and failed to defend the allegations mentioned in complaint filed by the complainant and ultimately, this Commission passed exparte order against the OPs on 23.05.2022. This shows that the OPs are not inclined to refund the amount deposited by the complainant. As such, we held that there is deficiency in service on the part of the OPs.

                        We observed that the complainant has deposited only  Rs.58,000/- with the OPs as evident from Bank of India deposit receipt dt.15.05.2012 Ex.C5 wherein Rs.58,232/- (Rs.58,000/- for DD in favour of Housing Board Haryana and Rs. 232/- towards exchange /bank charges for preparing  DD were deposited with Bank of India.

                        It is also evident from the letter No. HBH/CRO(PM)/2012/1833 dt.24.04.2012 (Ex.C6) show cause notice issued by OPs to the complainant wherein it was mentioned  that you (the complainant) were required to deposit of Rs. 51,000/- upto 26.09.2011 on account of application money/amount payable after draw of lots alongwith requisite documents were not deposited by the complainant. Further letter No. HBH/CRO(PM)/A-3/2023/358/RTI dated 19.09.2023 of Housing Board Haryana (OP no.1) being reply to RTI application dated 04.09.2023 (Mark A) reveals that only Rs.58,000/- (Rs.51,000/- +Rs.7,000/- Interest) were deposited by the complainant  after draw. Hence, we came to conclusion that the complainant has deposited only Rs.58,000/- with the OPs and failed to comply with terms and conditions  of OPs for allotment of flats. Accordingly, the Haryana Housing Board (OPs) cancelled the allotment vide its letter no. HBH/CRO(PM)/2021/774 dated 01.02.2021 (Ex.C8) after issuing show cause notices vide letter no. HBH/CRO(PM)/2012/1833 dt.24.04.2012 (Ex.C6) and No. 2340 dated 11.09.2020 (Ex.C7) but no amount was refunded.

                        The allotment letter Memo no. HBH/CRO/(PM)/2011/7730 dated 29.08.2011 issued by OPs to the complainant, the complainant was requested to deposit a  sum of Rs. 51,000/- and also to submit certain documents failing which  10% of the registration amount  will be forfeited in terms of allotment letter Ex.C3. The first para of the said letter is reproduced below:-

                        “It gives us pleasure to inform you that you have been declared  successful in the draw of lots held on 03.05.2011 for the allotment of flat (subject to eligibility) for HB Colony, Sector-5 Hansi and your final Registration   no. is mentioned in the subject cited above. As per terms and conditions of registration, you are requested to deposit a sum of Rs. 51,000/- on account of amount payable after draw of lots on or before 26.09.2011 failing which your registration shall be cancelled forfeiting 10% of the registration amount. The amount shall be remitted through bank draft in favour of Housing Board, Haryana payable at Panchkula/Chandigarh.”

 6.                In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties to refund the 90% of  Rs. 58,000/- deposited by complainant (i.e. to refund Rs.52,200/-) with along with an interest @ 8% p.a. from the date of filing of the present complaint i.e. 11.01.2022, till final realization.

7.                       The OPs are also directed to pay a sum of Rs. 5000/- (Rupees Five Thousand Only) on account of mental agony, harassment etc. and Rs. 5000/- (Rupees Five Thousand Only) as litigation expenses to the complainant.

8.                     The above order be complied within 45 days from the date of this order, failing which further interest @10% p.a. will be paid by the OPs for the delayed period.

9.                     Copies of order be supplied to the parties free of costs. File be consigned to the record room after due compliance.