Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 37
Instituted on : 18.01.2022
Decided on : 11.09.2023
- Sanjay age 51 years, son of Ram Parkash, Resident of house no.870/12, Salara Mohalla, Rohtak.
- Seema age 51 years, wife of Sanjay, resident of House No.870/12, Salara Mohalla, Rohtak.
.......................Complainants. Vs.
- Chief Administrator Housing Board, Haryana, P:lot No.C-15, Awas Bhawan, Sector-6, Panchkula-134109.
- Estate Manager, Housing Board, Haryana, office at House no.122, 1st Floor Subhash Nagar, Rohtak.
……….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. Pankaj Beri, Advocate for the complainant.
Sh. Joginder Singh Advocate for the opposite parties(defence struck
off vide order dated 05.06.2023).
ORDER
TRIPTI PANNU, MEMBER:
1. Brief facts of the case as per complainant are that complainant is the legal heir of his deceased son namely Johny and has filed the present complaint being beneficiary. The Housing Board, Haryana had launched a housing scheme of flats for BPL category of Hayrana. The applications were invited for allotment of flats. Accordingly the son of complainant namely Johny had applied for EWS flats for BPL at Karnal in Sector-36 and Sector 45. Accordingly he had deposited an amount of Rs.46000/- for the flat at Secor-36 and Rs.46000/- for the flat at Sector 45 respectively. Opposite parties also issued letter bearing memo no.HBH/CRO/(PM)2015/6689 dated 25.09.2015 regarding allotment of flat at Karnal-36, bearing Provisional Regn. No.BPL/KNL/36-HBH/S Final Registration no.2. The respondents required to deposit Rs.46000/- more and son of the complainant again deposited Rs.46000/-. In this manner the son of complainant had deposited Rs.92000/- for the said flat with the respondents. The respondents drawn draw of allotment of flats and declared the son of complainant as successful in draw held on 19.12.2016 regarding allotment of flat at Karnal-45. Opposite parties also issued letter bearing registered no.HBH/CRO/(PM)2016/KNL-45/SPL26 dated 20.12.2016 bearing Provisional Regn. No.BPL/KNL/45-/HGB Final Registration no.26. In this manner son of complainant had deposited total amount of Rs.138000/- with the respondents for the aforementioned both the flats. Unfortunately the son of complainant died and the complainant had applied for refund of alleged amount. Complainant contacted the opposite parties time and again to refund the aforesaid amount but till date the same has not been refunded to the complainant. As such, there is deficiency in service on the part of opposite parties. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the amount of Rs.138000/- alongwith interest @ 18% p.a. from the date of deposit till its realization and also to pay an amount of Rs.50,000/- on account of harassment and also to pay Rs.5500/- on account of litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties appeared but failed to file their reply despite availing sufficient opportunities. As such defence of opposite parties was struck off vide order dated 05.06.2023 of this Commission.
3. Ld. Counsel for the complainant in his evidence has tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C20 and closed his evidence on dated 16.02.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that the deceased Johny(son of complainants) had applied for EWS flat for BPL category at Karnal Sector 36 and Sector 45 respectively. He deposited the amount as shown in Ex.C8 amounting to Rs.92000/-(Rs.46000/- for registration deposit and Rs.46000/- after draw of lots) for Sector 36 and also deposited Rs.46000/- for sector 45 as shown in Ex.C13 through finance from Haryana Gramin Bank and the same is duly acknowledged by the opposite party vide its receipt Ex.C14. Afterwards the amount for the respected flats was enhanced due to some tentative changes in the enhanced land compensation, arbitration award and due to statutory taxes/levies, construction period and some litigation, which the complainant was unable to pay and requested for the cancellation of the allotted flats and requested to refund the deposited amount. Several requests were made by the complainant to the opposite parties but nothing was done till date in this regard. The letter of request is Ex.C20. Afterwards the son of the complainant in whose name the flats were allotted was died on 12.02.2021. The death certificate has already been placed on record as Ex.C2. The opposite party has not come up with their reply even after allowing several opportunities , as a result on dated 23.01.2023 the opposite party’s defence was struck of. Afterwards an application to join the proceedings and to file the reply was moved on 16.02.2023 which was allowed on 13.04.2023. Thereafter also opposite parties have failed to provide their version despite availing several opportunities. Again their defence was struck off on 05.06.2023 which shows that opposite parties have nothing to say in the matter and all the allegations leveled by the complainant regarding deposit of amount of Rs.138000/- and non refund of the same by 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 refund the amount of Rs.138000/-(Rupees one lac thirty eight thousand only) alongwith interest @9% p.a. from the date of their respective deposits to till its realisation and also pay Rs.5000/-(Rupees five thousand only) on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainants. It is made clear that the alleged awarded amount shall be paid to the complainants in equal share(50%) each. Order shall be complied 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:
11.09.2023.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member
