Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 226
Instituted on : 11.04.2022.
Decided on : 14.02.2023.
Sukh Devi @ Sukhdai aged-54 years Wd/o Late Sh. Ramphal R/o H.No.1082, Sector-3, HUDA, Rohtak.
.......................Complainant.
Vs.
- Chief Revenue Officer, Housing Board Haryana, Awas Bhawan, Plot No. C-15, Sector-6, Panchkula-134109.
- Chief Administrator, 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 Kumar Hooda, Advocate for the complainant.
Sh. K.C.Bhardwaj, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are that opposite parties advertised and offered allotment of housing board flats to Serviceman/Ex-servicemen and Para Military Personnel of Haryana upto the rank of JCOs and equivalent and their widows or orphans on hire purchase basis at Sector-5, Rohtak. On 01.05.2014, the husband of the complainant Late Sh. Rampal had applied in that project for Type-A category and submitted an application through SHGB Bank and had paid an amount of Rs.1,88,000/- as earnest money through bank loan. The complainant was allotted a provisional registration no.1404/RTK05/T-A/HGB for the flat. The husband of the complainant was declared successful in the draw/result of the flats announced on 29.12.2014. Thereafter a final registration No. 257 was allotted to the husband of the complainant through an allotment letter dated 12.02.2015. On 05.03.2015, after receiving the allotment letter, the husband of the complainant had paid an amount of Rs.2,82,000/-(which is 15% of advertised cost) through cheque No. 039563 as per demand of opposite parties as mentioned in the allotment letter. It is further submitted that on 05.05.2017, the husband of the complainant had expired and complainant filed an application to the opposite parties for transfer of flat bearing registration no. 257 in favour of the complainant being legal heir of his husband. On 03.04.2018, the opposite parties transferred the said flat in favour of the complainant vide letter no. HBH/CRO(PM)/2017/2728. On 14.10.2017, after waiting for the allotment of site and beginning of construction for more than 2 years complainant filed an application to surrender her flat bearing registration No.257 as the opposite parties did not show any willingness to start the aforesaid flats/project. Being widow the complainant was not having any source of income and she was unable to pay further installments. So, she requested the opposite parties to allow her to surrender her flat and refund her amount as per policy of the Housing Board Haryana. Thereafter complainant had contacted the opposite parties time and again but they did not pay any heed and flatly refused to refund the amount. 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.4,70,000/- alongwith interest @ 12% from the date of payment and also to pay an amount of Rs.2,00,000/- on account of deficiency in service & harassment and also to pay Rs.50,000/- on account of litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite parties in their reply has submitted that the complainant is seeking refund of the amount deposited by him towards registration of type A flat. It is further submitted that Double Bench of Hon’ble Punjab & Haryana High Court Chandigarh has settled that matter regarding refund of scrapped scheme Jind Road, Rohtak vide order dated 30.05.2022 for making refund till 31.10.2022 alongwith the mean saving Bank interest of State Bank of India, running from the date of the closing of the registration. The refund of the complainant will be made as per Housing Board Haryana(Allotment, Management and Sale of Tenements) Regulations, 1972. The complainant is not entitled to interest at the rate of 12% p.a., compensation or any other relief as demanded by the complainant. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
3. Ld. Counsel for the complainant in his evidence has tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C6 and closed his evidence on dated 13.09.2022. Ld. Counsel for the opposite parties has tendered affidavit Ex.RW1/A and closed his evidence on dated 04.01.2023.
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, the contention of ld. counsel for the complainant is that the opposite parties allotted a flat to the husband of complainant and he deposited an amount of Rs.470000/- to the opposite parties. But the construction of the flat was not started by the opposite parties for 3 years. After the death of her husband, complainant was not having any source of income so she moved an application dated 14.10.2017 to the opposite parties for surrender of flat but the said amount has not been refunded to the complainant till date. To prove the same complainant has placed on record copy of allotment letter Ex.C4 and copy of surrender letter Ex.C6. On the other hand it is not disputed by the opposite parties that husband of complainant had deposited an amount of rs.470000/- with the opposite parties. The contention of the opposite parties is that that the amount will be refunded as per Housing Board Haryana(Allotment, Management and Sale of Tenements) Regulations, 1972 and as per order dated 30.05.2022 of Hon’ble Punjab & Haryana High Court, Chandigarh. But neither the copy of alleged Regulations nor the copy of order of Hon’ble High Court has been placed on file by the opposite parties. Moreover even after passing of more than 5 years from the date of refund request, neither the flat is constructed nor the amount is refunded to the complainant. As such there is deficiency in service on the part of opposite parties and opposite parties are liable to refund the amount to the complainant.
7. 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.4,70,000/-(Rupees four lac seventy thousand only) alongwith interest @9% p.a. from the date of their respective deposits till its realisation and also pay Rs.10000/-(Rupees ten thousand only) 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:
14.02.2023.
................................................
Nagender Singh Kadian, President
………………………………..
Tripti Pannu, Member.
................................................
Vijender Singh, Member
