Haryana

Panchkula

CC/111/2015

KIRAN. - Complainant(s)

Versus

CHIEF REVENUE OFFICER. - Opp.Party(s)

VIKRAM CHAUHAN.

10 Dec 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PANCHKULA.                            

                                                             

Consumer Complaint No	:	111 of 2015
Date of Institution	:	18.06.2015
Date of Decision	:	10.12.2015

                                                                                          

 

Kiran (42) w/o Sh.Sat Pal C/o Shadi Ram R/o H.No.3314/2, Kaziward, Patel Road, Ambala City.

                                                                                       ….Complainant.

 

Versus

 

 

The Chief Revenue Officer (P.M.), for Chief Administrator, Housing Board, Haryana, Plot No.C-15, Awas Bhawan, Sector-6, Panchkula.

                                                                        ….Opposite Party.

 

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

 

Before:                 Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

                             Mr.S.P.Attri, Member.

 

 

For the Parties:     Mr.Vikram Chauhan, Advocate for complainant. 

                             Mr.VPS Namdev, Advocate for the OP.

 

 

ORDER

 

(Dharam Pal, President)

 

1.                          Kiran-complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the OP with the averments that she applied for Plot of MIG/GF/Flat in Housing Board Colony, Sector-4 Part II, Hisar vide Form No.06273. She had completed all the conditions besides submitting a cheque bearing No.141501 dated 28.08.2009 for Rs.1,35,000/-. The complainant was allotted a MIG Flat vide letter bearing No.HBH/CRO (PM)/2010/1506 dated 12.04.2010  in OP Jindal Housing Complex Sector-4, Part II, Hisar and final registration No.185 was allotted to the complainant.  She was directed to submit a separate income certificate of her husband. The complainant had submitted the requisite information on dated 24.04.2010 besides submitting of demand draft No.23.04.2010 amounting to Rs.2,03,000/-. Thereafter the complainant had also submitted the salary slip of her husband for the month of August, 2009 on 16.01.2013 as demanded by the OP. The complainant had never been intimated about not fulfilling the norms of allotment and even the scrutiny of the documents had taken prior to allotment of plot.  The complainant sent a letter to the OP for allotment of the plot but the OP vide memo dated 21.08.2013 issued a show cause notice for cancellation of the allotment of the plot wrongly and illegally. Thereafter, the complainant filed a representation dated 11.02.2014 followed by reminder dated 10.06.2014 through post but the OP vide letter dated 19.08.2014 cancelled the allotment of the complainant in arbitrarily manner.  The OP had withheld amount of Rs.3,38,000/- till issuance of illegal letter dated 19.08.2014. The OP did not hear the genuine requests of the complainant forcing him to file an application dated 27.10.2014 for refund of the amount alongwith penal interest but the OP had refunded an amount of Rs.3,24,500/- vide cheque dated 06.01.2015 despite the fact that the OP was bound to pay the entire amount alongwith interest.  The complainant visited the OP and requested for refund of remaining amount and interest accrued thereon since the date of deposit i.e. 28.08.2009 but it did not pay any heed. The OP is harassing the complainant with ulterior motive in one way or the other. The OP is indulging in unfair trade practice and is deficient in providing service. In evidence, the complainant has tendered affidavit and documents Annexure CA, Annexure C1 to Annexure C25.

2.                          On notice, the Op appeared and filed reply wherein it has been submitted that the complainant has not come to this Forum with clean hands as she had not mentioned her family income in her form. The complainant had applied for MIG Flat and the eligibility for MIG Flat scheme was for income group upto Rs.14,500/- but the family income of the complainant was more than Rs.14,500/-, therefore, the present complaint is not maintainable. As per provisions of the Housing Board no successful /unsuccessful candidates are eligible for interest. The complainant had deposited an amount of Rs.1,35,000/- on 28.08.2009 alongwith application and thereafter she had deposited Rs.2,03,000/- on 23.04.2010. The OP can deduct 10 % of the earnest money as per norms, conditions and regulations of the Housing Board. It has been clearly mentioned in the application that if the applicant fails to submit the requisite documents or found ineligible on the basis of document submitted by the applicant, then registration/allotment can be cancelled without notice and 10 % of the registration amount can be forfeited.  The letter dated 19.08.2014 is valid because it was passed after due consideration and the cancellation of the applicant is within the preview of the Board as draws are conducted subject to verification of the documents. There is no deficiency in service on the part of OP and prayer for dismissal of the complaint has been made. In evidence, the OP has tendered affidavit and documents Annexure RA, Annexure R1 to Annexure R7.

3.                          In order to rebut the submission taken by the OP in its reply the complainant has filed rejoinder and submitted that she has not mislead the OP because the OP was very much in the knowledge about the income of the complainant and this fact was brought into the knowledge of OP on 24.04.2010. The OP was bound to pay interest on the amount of the complainant as it was withheld illegally and arbitrarily for about 3 ½ years. The complainant has controverted other pleas taken by the OP in reply and   a prayer for acceptance of the complaint has been made. 

4.                          Heard. The counsel for the complainant reiterated the averments made in the complaint and prayed for its acceptance whereas the counsel for Ops reiterated the averments made in the written statement and prayed for its dismissal.

5.                          Admittedly the complainant had applied for allotment of MIG/GF/Flat in Housing Board Colony, Sector-4 Part II, Hisar vide application dated 31.08.2009. In the application the complainant has not mentioned her/family monthly income at the time of registration and column No.9 has been left blank. However, the application was processed and a MIG flat was allotted on dated 02.04.2010 as is evident through Annexure A3.  In this very document the OP had asked the complainant to submit Certificate of monthly family income at the time of registration i.e. August 2009 (gross income of the family viz. of self, spouse, dependent relative including unmarried minor children from all sources). The certificate of monthly family income should be issued by employer in case applicant is in service or from Gazetted Officer/MLA/Sarpanch/ local authority as the case may be in the case where applicant is not in service in the proforma given in the brochure.  It is also not disputed that the complainant has deposited an amount of Rs.3,38,000/- with the OP.  The complainant had submitted the demanded income certificate (Annexure C6) with the OP wherein the income of the applicant’s husband has been shown as Rs.94000/- per annum and income of the applicant has been shown as Rs.46000/-. Vide letter dated 01.01.2013 (Annexure C-7), the OP asked the complainant to submit income certificate of her husband for the month of August, 2009 within 15 days. The complainant had sent the salary slip (Annexure C10) of her husband to the OP wherein the gross income of the husband of the applicant has been shown as Rs.46000/-. A show cause notice (Annexure C13) was issued to the complainant regarding cancellation of the allotted flat. The complainant has submitted the reply to the show cause notice which is placed on file as Annexure C14. The OP vide letter dated 19.08.2014 (Annexure C20) cancelled the allotment of the complainant with the remark that in view of the terms and conditions of the Brochure you are not eligible for the MIG category of Flat being excess salary family income. Thereafter the complainant vide application (Annexure C21) requested the OP for the refund of the amount alongwith interest. He had also sent reminder to the OP for the refund of the amount. Perusal of the file reveals that vide letter dated 12.01.2015 (Annexure C25)  an amount of Rs.3,24500/- was sent to the complainant through cheque No.400494 dated 06.01.2015. 

6.                          After going through the material available on the case file we have no hitch to reach at the conclusion that the complainant has not come to this Forum with clean hands because she has not been able to rebut the sole and vital plea taken by the OP that at the time of registration of the Flat the family income of the complainant was beyond the fixed limit for the application of MIG flats.  It is settled law that if a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final. It was for the complainant to give complete information with regard to income but in the application Form No.6273 she had left the column regarding this Blank/Unfilled. The complainant has failed to explain this lapse and the evidence and material produced on her behalf is not suffice to prove any deficiency on the part of OP.  Hon’ble National Consumer Disputes Redressal Commission, New Delhi in case titled as S.Girija Selvaraj Vs. The Proprietor decided on 04.02.2013 in Revision Petition No.3092 of 2012 has held as under:

12.       It is well settled that any party who seeks an equitable relief must approach the judicial Forum with clean hands and should not conceal the material facts. Honble Supreme Court in Faquir Chand Gulati Vs. M/s Uppal Agencies P. Ltd. & Anr. Special Leave Petition (c) No. 18225-18226 of 2011 dated 14.08.2011 observed ;

From what we have stated above, it is clear that the petitioner has not approached the Court with clean hands. Therefore, he is not entitled to be heard on the merits of his grievance. Reference in this connection can usefully be made to the judgment of this Court in Dalip Singh Vs. State of UP (2010) 2 SCC 114, the first two paragraphs of which are extracted below ;

1. For many centuries Indian Society cherished two basic values of life i.e. satya (truth) and Ahinsa (non-violence) Mahavir, Gautam Budha and Mahatma Gandhi guided the people to ingrain these values in their daily life Truth constituted an integral part of the justice-delivery system which was in vogue in the pre-Independence era and the people use to feel proud to tell truth in the courts irrespective of the consequences. However, post-independence period has seen drastic changes in our value system. The materialism has overshadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppressions of facts in the court proceedings.

2.           In the last 40 years, a new creed of litigants has cropped up. Those who belong to this creed to not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final.

 

7.                 For the reasons mentioned in the above paras, we hold that the complaint is not maintainable before this forum being not filed with clean hands. It shall stand dismissed accordingly. The parties shall, in the circumstances of the case, bear their own costs of the litigation.

8.                 A copy of this order shall be sent, free of cost, to the parties to the complaint

 

 

Announced           (S.P.Attri)     (Anita Kapoor)  (Dharam Pal)

10.12.2015            Member         Member             President

 

Note: Each and every page of this order has been duly signed by me.

 

                                          

                                            

                                                          Dharam Pal                                                                                                President