Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 133.
Instituted on : 18.03.2019.
Decided on : 17.12.2019.
Gindodi Devi w/o sh. Mahavir Prasad, R/o Pana Bethaan, Ward no.11, Khatio Wakli Gali, Vill. & P.O., Beri, Tehsil Beri, District Jhajjar-124201.
………..Complainant.
Vs.
- Estate Office, Housing Board, Haryana, Kothi No.-103, Vikas Nagar, Rohtak.
- Chief Administrator, Housing Board Haryana, Plot No.C-15, AWAS Bhawan, Sector-6, Panchkula.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Sh.Rajesh Kumar A.R. of complainant in person.
Sh.Dharmender Kamboj Advocate for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant had applied for a flat Type-A in Housing Board Society on 24.04.2014. The complainant has paid an amount of Rs.169000/- through Union Bank of India and Rs.254000/- through demand draft no.652554 dated 02.03.2015. After some time complainant visited the spot of allotment and he came to know that there was no flat at the site and he contacted the office of opposite party and was told that the allotment has been cancelled and no flat has been allotted to anybody. Complainant moved an application dated 17.11.2017 for refund of amount deposited by the complainant but to no effect. Opposite parties issued a circular in Dainik Bhaskar Newspaper date 06/07.02.2018 regarding cancellation of allotment and it was submitted in the alleged circular that the consumers can either take the alternate flat or refund of amount. Complainant again moved an application dated 15.02.2018 for refund of amount alognwith interest but no action was taken by the opposite parties till date which amounts to 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 paid by the complainant i.e. Rs.423000/- alongwith interest, compensation and litigation expenses as explained in relief clause, to the complainant.
2. Notice of the present complaint was issued to the opposite parties, who appeared and filed their written reply submitting therein that complainant had deposited the earnest money of Rs.169000/- alongwith application form and thereafter Rs.254000/-. In this case, the construction of flats was to be made available by M.C. Sampla, however despite payment of the entire land cost, the land was not made available by M.C. Sampla and therefore in the 20th meeting of BOD held on 06.11.2017 it was decided that the intact applicants of this scheme may be given an option to opt for allotment of flat in Jhajjar project of Housing Board Haryana. Accordingly a public notice in this regard was issued in leading newspapers to enable the applicants to submit their options. Subsequently, it was observed that the land which was to be allotted by M.C.Sampla, falls in institutional zone and therefore no residential project can be taken up on the area, hence it was decided that the amount of all the applicants may be refunded alongwith interest as per the provisions in Housing Board,
Haryana Regulations, 1972. Since the number of applicants was high, therefore, a seniority list of all the refund applications has been prepared. Opposite party is making refund in a phased manner as per availability of funds and strictly as per the seniority list. The name of the complainant is at Sr. no.154 in the seniority list, hence the amount would be refunded as per her turn subject to provision of terms and conditions of the allotment letter.
3. Complainant in her evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and closed her evidence on dated 11.10.2019. On the other hand, ld, counsel for the opposite parties has tendered affidavit Ex.RW1/A and closed his evidence on dated 13.09.2019.
4. We have heard ld. counsel for the complainant and have gone through the material aspects of the case.
5. After going through the file and hearing the parties, it is observed that opposite party in its reply has submitted that construction of flats was to be made available by M.C. Sampla, however despite payment of the entire land cost, the land was not made available by M.C. Sampla and therefore it was decided to enable the applicants to submit their options to opt for alternative plot or to take refund of amount. The complainant opted for refund of amount and moved applications Ex.C4 and Ex.C5 to the opposite parties but the same has not been refunded to the complainant till date. Copy of public notice exC6 is also placed on record.
6. In the present complaint, it is observed that since the opposite party was not having possession of land, the amount deposited by the applicants should not have been kept by the opposite parties for such a long period. However at the time of arguments, the complainant has filed affidavit Ex.CW1/B and copy of a letter Ex.C7 to the effect that an amount of Rs.489880/- has been paid by the opposite parties against the amount of Rs.423000/-. In this affidavit, it is submitted by the complainant that the opposite parties have only paid saving account interest to the complainant whereas bank pays interest @12% on FD. Hence the complainant has demanded interest @ 18% p.a. beside the compensation and litigation expenses.
7. After going through the file and hearing the parties, it is observed that complainant had paid the amount in the year 2014-15 and the same has been refunded to the complainant in the year 2019 after 4 years, that too with saving bank interest. The opposite parties have used the amount of complainant for 4 years. Moreover the complainant has also suffered harassment and litigation due to non refund of amount by the opposite parties for such a long time. Hence there is deficiency in service on the part of opposite parties. As such, we hereby allow the complaint and direct the opposite parties to calculate the interest @12% p.a. on the amount deposited by the complainant i.e. Rs.423000/-(Rupees four lac twenty three thousands only) from the date of their respective deposits by the complainant to the opposite parties till its realization and also to pay a sum of Rs.5,000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5,000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision. However, the amount of interest already paid by the opposite parties shall be deducted from the alleged awarded amount.
8. Copy of this order be supplied to both the parties free of costs.
9. File be consigned to the record room after due compliance.
Announced in open court:
17.12.2019.
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Nagender Singh Kadian, President
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Renu Chaudhary, Member.
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Tripti Pannu, Member.
