Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 384.
Instituted on : 16.09.2020.
Decided on : 30.03.2022.
Anil Kumar age 51 years, son of Jit Ram, resident of House no.1884/10, Tilak Nagar, Rohtak.
.......................Complainant.
Vs.
- Estate Manager, Housing Board, Haryana, Sector-4, Rohtak through its Estate Manager, Sonipat Road, Rohtak.
- The Secretary, Housing Board Haryana, C-15, Awas Bhawan, Sector-6, Panchkula(Haryana) 134109.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. SHYAM LAL, MEMBER.
Present: Sh.Jaswant Singh, Advocate for the complainant.
Sh.Dharmender Kamboj, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that in the year 20-14, Housing Board Haryana have launched a Housing Scheme of flats for serving and Ex.Defence of para Military personnel of Haryana upto the rank of JCO’s and equivalent ad their widows or orphans on hire purchase basis at Sampla. The complainant applied for the allotment of same in his name vide registration No.11/SAMPLA/T.B./PONB(Final Registration No.197), Application No.47805. The respondents declared the complainant as successful in draw of flats held on 29.12.2014. The Housing Board Haryana further demanded Rs.213000/- from the complainant vide letter dated 10.02.2015. Accordingly the complainant deposited the same by demand draft no.561334 datd 07.03.2015 drawn from UCO Ban, Rohtak in favour of Housing Board. Lateron the respondents in an arbitrary manner and without the consent of complainant, has changed the location of Housing plan for allotment of flat to the complainant from Sampla to Jhajjar and asked willingness from the complainant and other applicants. The complainant vide his letter dated 27.02.2018 forwarded his unwillingness of flats at Jhajjar to the respondents and requested the respondents to refund the amount of Rs.355000/- alongwith interest and repeatedly visited the office of respondents but the same has not been refunded to the complainant till date.. 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 make the payment of Rs.355000/- alongwith interest at the rate of 18% from the date of deposit till the date of payment and also to pay an amount of Rs.50,000/- on account of harassment as well as Rs.22,000/- 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 by way of present application is seeking refund of the amount deposited by him. The request of the applicant was accepted and his name has been included in the list of refund of Scrap Scheme at Sampla, by the answering respondents. Under these circumstances, the list of refund of the scrap scheme was framed and the same is also available on the website of Housing Board. The complainant has not approached this Commission with clean hands and has suppressed the material facts relating to this case. The refund request of the complainant is duly registered and the amount would be refunded to him as per the Housing Board Regulations which were mentioned in allotment letter and Haryana Housing Board (Allotment Management and Sale of Tenement) Regulations, 1972. On merits, it is submitted that the refund of the amount as per seniority list is No.105, which is under process and also available on official website of Housing Board Haryana. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with cost.
3. Ld. Counsel for the complainant in his evidence has tendered his affidavit Ex.RW1/A, documents Ex.R1 to Ex.R5 and closed his evidence on dated 20.08.2021. But perusal of the documents shows that the same are filed as Ex.P1 to Ex.P5. On the other hand, ld. Counsel for opposite parties tendered affidavit Ex.R1 and has closed his evidence on dated 23.11.2021.
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 the complainant is that the opposite parties allotted a flat to the complainant and after receiving an amount of Rs.355000/-, opposite parties without the consent of complainant has changed the location of Housing plan for allotment of flat to the complainant from Sampla to jhajjar and sought the willingness from the complainant. But the complainant was not willing for the same so complainant has sought refund of alleged amount alongwith interest from the opposite parties but the same is not refunded to the complainant till date. On the other hand contention of ld. counsel for the opposite parties is that the refund request of the complainant is duly registered and the amount would be refunded to him as per the Housing Board Regulations which were mentioned in allotment letter and Haryana Housing Board (Allotment Management and Sale of Tenement) Regulations, 1972. The refund of the amount as per seniority list is No.105, which is under process and also available on official website of Housing Board Haryana. The amount would be refunded as per seniority. At the time of arguments a seniority list ‘Annexure-JN-A’ has been placed on record by the opposite parties and stated that this list is uploaded by the Department on its website and as per this list the seniority of the complainant is at 105.
6. We have minutely perused the documents placed on record by both the parties. As per list Ex.P1, the complainant has deposited an amount of Rs.142000/- and as per copy of DD Ex.P4 dated 07.03.2015, complainant has paid an amount of Rs.213000/- in favour of opposite party. Meaning thereby complainant has deposited an amount of Rs.355000/- in favour of opposite parties in the year 2014 & 2015 but till date amount has not been refunded to the complainant on the plea that the same will be refunded as per seniority list.. Till date, 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.355000/-(Rupees three lac fifty five thousand only) alongwith interest @9% p.a. from the date of their respective deposits till its realisation and shall 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:
30.03.2022. ................................................
Nagender Singh Kadian, President
………………………………..
Tripti Pannu, Member.
………………………………..
Shyam Lal, Member.
