DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.723/2010
Mrs. Vinita Sahni
AC-64, Tagore Garden,
New Delhi-110027 ….Complainant
Versus
Delhi Development Authority
through its Vice Chairman
Vikas Sadan,
New Delhi-110023 ……Opposite Party
Date of Institution : 15.12.10 Date of Order : 21.01.17
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Complainant’s case, in short, is that she had applied for registration in Janta Housing Scheme, 1996 and deposited Rs.5,000/- on 28.02.1996 with the OP. She had submitted her disability certificate received from LNJP Hospital with her application form No. 70852 with the OP. According to the OP her name was not included in the draw held on 26.09.1996. The OP credited Rs.5,000/- in hersaving bank account No6498 on 12.08.1996 towards refund of registration deposited by her. She had approached various authorities regarding non-allotment of Janta Flat in disability category to her but to no effect. The Complainant has suffered harassment and financial loss as price of Janta flat is in the range of Rs.1.25 lacs to Rs. 1.60 lacs as per clause 17 of the JHRS,1996 has escalated more than four times. Accordingly the Complainant is entitled for compensation of Rs.4 lacs for not including her form No.70852 in the draw for physically handicapped registrants.
OP in the written statement has stated that the Complainant made an application under the scheme JHRS, 1996 and deposited Rs.5,000/- towards registration money. As per the terms of the brochure 1% of the flats were reserved for physically handicapped persons. Complainant had applied under the physically handicapped (reserve category quota). As per the policy if the person applies under the physically handicapped quota his name is firstly considered for allotment under the reserved category and if he/she is not successful reserved category then his/her name is considered in the general category. The name of the Complainant was firstly considered under the reserved category and since number of the applicants in the reserved category were more than number of flats available, therefore, the Complainant was not declared successful in reserved category. The name of the complainant was also considered under the general category. In the general category also the Complainant was not declared successful as the number of applicants were more than the number of the flats available. The registration money deposited by the Complainant was refunded to the Complainant and the same was encashed by the Complainant on 12.08.1996. Since the application was made in 1996 and the refund was made in 1996 the Complainant filed after a period of about 14 years is hopelessly barred by time as provided under the Consumer Protection Act, 1986. Hence the dispute raised by the Complainant does not come within the ambit and jurisdiction of the Consumer Protection Act. Hence, there is neither any deficiency in service nor any negligence on the part of OP. There is no evidence of any loss suffered by the Complainant. It is prayed that the complaint be dismissed.
Complainant has filed a rejoinder.
Complainant has filed her own affidavit in evidence. On the other hand, affidavit of Sh. D. K. Gupta, Director (H-II) has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the parties and have also gone through the file very carefully.
Parties have failed to mark exhibit / Annexures on their respective documents.
Admittedly, the Complainant had applied for registration in Janta Housing Scheme, 1996 and deposited Rs.5,000/- on 28.02.1996 with the OP. She had submitted her disability certificate received from LNJP Hospital with the application form No. 70852 with the OP. The Complainant filed Annexure-1 wherein Cabinet Secretariat, Directorate of Public Grievances, Govt. of India vide letter dated 04.12.07 informed the Complainant that “we have examined the above reply in view of the facts and circumstances of the case. We regret that the grievance could not be redressed as requested by you. We are now closing the reference in DPG.” The Annexure-2relates to the application form No. 70852 alongwith the bank receipt of Rs.5000/-. The OP vide letter dated 30.08.2010 (copy Annexure-3) replied under RTI informed the Complainant that they had refunded cheque of ineligible /unsuccessful application form No.70852 on 23.07.1996 and also informed that in physical handicapped category the draw was held on 23.07.1996. The date of draw which was earlier intimated as 26.09.1996 was inadvertently quoted, the same may be treated as withdrawn and read as 23.07.1996. The OP vide letter dated 05.05.09 (copy Annexure-4) informed under RTI Act, 2005 to the Complainant regarding the registrants who were allotted the flats under the quota of physical handicapped category. The clause 12 of the brochure (copy Annexure-A/2) reads as under:
“12. REFUND OF REGISTRATION DEPOSIT TO UNSUCCESSFUL APPLICANTS
Unsuccessful applicants will be refunded the registration deposit of Rs.5000/- within 6 months from the last date of closing of the scheme. In case of any delay in refunding the amount deposited by way of registration deposit, refund would be made along with simple interest @ 10% p.a. payable for the period beyond 6 months and upto the last day of the month prior to one in which refund is processed and subject to deduction of income tax at source on interest amount as per rules. For first 6 months, no interest would be paid.”
The office of the Chief Commissioner for Persons with disabilities (Annexure A-3) vide proceedings dated 02.11.2010 has observed that “ the case of Ms. Anupama Makkar, referred by the complainant is different from the complainant’s case. While complainant’s plea is that being hearing impaired, she was not considered as PH applicant, Ms. Anupama Makkar was registered under PH category, but by mistake DDA included her name among general category applicants and allotted a third floor flat to her. The concerned officer of DDA in her noting had mentioned that as per policy as well as practice, Ms. Anupama Makkar should have been allotted ground floor flat. The said officer did not state that as a policy and practice, persons with hearing impairment are not treated as physically handicapped for the purpose of allotment of flats.” The OP vide letter dated 01.06.09 (Annexure-A/6) informed the Complainant that her case was examined at length by the competent authority but her request was not acceded as she was not found successful in the draw of priority under physically handicapped category as well as general category also and moreover the refund of the registration money had already been made. Hence, the case is closed and no further representation in this regard shall be entertained.” The Complainant filedthe statement of saving bank account in Bank of Baroda (copy Annexure-A9) wherein the OP had deposited Rs.5000/- in her account on 12.08.1996.
In view of the above, it transpires that the Complainant had applied for Janta Housing Scheme on 28.02.1996 and deposited Rs.5000/-. As the Complainant was not declared successful in reserve category as well as in the general category the OP refunded the registration money deposited by the Complainant in her saving bank account on 12.08.1996. The Complainant filed this complaint on 15.12.10 i.e. after a delay of about 14 years. The Complainant herself has admitted that the OP had already refunded the registration amount hence the Complainant has failed to prove any deficiency in service on the part of OP. Secondly as the Complainant has already received the amount therefore the Complainant is not a consumer under the Consumer Protection Act, 1986. Thirdly the application is filed after the gap of 14 years. Hence, the complaint is barred by time.
In view of the above discussion, we dismiss the complaint with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 21.01.17.
