Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 527
Instituted on : 17.11.2020
Decided on : 12.09.2023
Shiv Kumar age 55 years, s/o Ram Singh R/o VPO Hassangarh, Rohtak.
.......................Complainant. Vs.
- Chief Revenue Officer(PM), For Chief Administrator Housing Board, Haryana, Plot No.C-15, Awas Bhawan, Sector-6, Panchkula Haryana-134112.
- Estate Officer, Housing Board, Sonipat, Housing Board Complex House No.2008 MIG Sector-3, Haryana -131001.
- Estate Officer, Housing Board House no.116, Sonepat Road, Vikas 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. Deepak Chahal, Advocate for the complainant.
Sh. Dharmender Kamboj Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are that opposite party No.1 allotted a BPL flat at Sonipat-II with Provisional Regn. No.SNP/BPL/HGB/13037 Final Registration no.684 in the name of complainant with memo no.HBH/CRO(PM) 2013/08820 on dated 07.10.2013. As per allotment letter, the complainant deposited an amount of Rs.39000/- on dated 31.12.2012 through a demand draft no.373536 via State Bank of Patiala in favour of Housing Board Haryana at the time of draw of lots. Thereafter on 06.11.2013 the complainant deposited 2nd installment of Rs.39000/- through a demand draft no.38926 in Haryana Gramin Bank, Jhajjar. Due to financial problems, the complainant gave a surrender application on dated 05.02.2017 to the opposite party no.2 and the same was received by the opposite party no.2 on dated 05.02.2017. Opposite party No.1 issued a letter no.353 dated 01.01.2018 for depositing the remaining amount without considering the surrender application given by the complainant. Complainant served a legal notice dated 12.10.2020 but no fruitful reply was given by the opposite parties. Complainant also 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.78000/- alongwith interest @ 24% 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.11000/- on account of litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that complainant by way of present complaint is seeking refund of the amount deposited by him toward registration of EWS type flat for BPL family at Rohtak. That the request of the complainant was accepted and his name has been included in the seniority list of refund by the answering respondent. It is essential to clarify that a large numbers of surrender/refund complaint amounting to several crores were received from the complaints of various scheme, therefore, it was decided by the Board that a seniority list of such complainants should be framed as the financial health of the board is fragile. The name of complainant appears at Sr. no.3250 in the Seniority list of the year 2018. The amount would be refunded to him as per the Housing Board regulations which were mentioned in the allotment letter and Housing Board Haryana Regulations, 1972, as per which it is submitted that: “In case of surrender of flats, 50% of the amount deposited with the application at the time of registration shall be forfeited to the Board and balance would be refunded to him without interest”. All the other contents of the complaint were stated to be wrong and denied. Opposite parties prayed for dismissal of complaint with costs.
4. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C12 and closed his evidence on 31.03.2022. Ld. counsel for the opposite parties has tendered affidavit Ex.RW/A and closed his evidence on dated 20.02.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. After going through the file and hearing the parties it is observed that as per receipt Ex.C5, the complainant had deposited an amount of Rs.39000/- as registration money on dated 31.12.2012 through State Bank of Patiala and Rs.39000/- on 06.11.2013 through Haryana Gramin bank and as per allotment letter Ex.C3 dated 07.10.2013, he was allotted a BPL flat. Complainant moved an application Ex.C7 to the opposite parties for surrender of flat and refund of amount. But the opposite parties without considering the surrender request of complainant had sent a demand letter Ex.C12 dated 01.01.2018 for depositing the remaining amount. In this demand letter also, it is admitted by the opposite parties that complainant had deposited an amount of Rs.39000/- on account of registration deposit and an amount of Rs.39000/- after draw of lots. A legal notice was also served upon the opposite parties but no reply was sent by the opposite parties. On the other hand, opposite parties has placed on record affidavit Ex.RW/A, and has submitted that the seniority list of refund was framed and the name of the complainant appears at serial no.3250 in the seniority list and the amount would be refunded to the complainant as per the Housing Board Haryana(Allotment Management and sale of Tenements) Regulations, 1972. But neither the seniority list nor the alleged regulations have been placed on file by the opposite parties. Meaning thereby it is well proved that the complainant had deposited the amount of Rs.78000/- with the opposite parties and the refund application was moved by the complainant in the year 2017. But till date no amount has been refunded to the complainant. Hence there is deficiency in service on the part of opposite parties and as such opposite parties are liable to refund the whole amount to the complainant.
7. In view of the facts and circumstances of the case, complaint is allowed and opposite parties are directed to refund the amount of Rs.78000/-(Rupees seventy eight thousand only) alongwith interest @ 9% p.a. from the date of their respective deposits till its realization and shall also pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant 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:
12.09.2023.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member
