BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, FATEHABAD.
Complaint no.78/2017.
Date of instt.27.03.2017.
Date of Decision: 13.10.2017.
Krishan Kumar, Advocate, Aged 48 years son of Prithvi Singh, Chamber No.46 Court Complex, Fatehabad, residence of village Bangaon, Tehsil and District Fatehabad.
..Complainant.
Versus
1.Estate Officer, HUDA, Hisar
2.Chief Administrator, HUDA, Sector-6, Panchkula, Haryana.
..Opposite parties.
Complaint under Section 12 of Consumer Protection Act, 1986.
Before Sh.Raghbir Singh, President.
Sh.R.S.Panghal, Member.
Smt.Ansuya Bishnoi, Member.
Present : Sh.M.R.Chauhan, Advocate for complainant.
Sh.M.L.Garg, Advocate for the OPs.
ORDER
The present complaint under Section 12 of Consumer Protection Act, 1986 has been filed by the complainant with the averments that the complainant is resident of village Bangaon, Tehsil and District Fatehabad and he applied for allotment of a plot in Sector 11 of HUDA to the OPs on 23.06.2016. On the request of the complainant a plot bearing No.519 was allotted by the OPs to the complainant. It is further submitted that on account of some reasons the complainant did not want to retain the above allotted plot and on 23.07.2016 the complainant made request to the OPs for surrender of the plot in question. The OPs assured the complainant that the deposited amount shall be disbursed to the complainant within a period of seven days. It is further submitted that in spite of many visits made by the complainant in the HUDA Office the above said amount was not delivered to him. Thereafter, the complainant got issued a legal notice through his counsel to the OPs on 17.01.2017. Thereafter a cheque of Rs.2,00,900/- was sent by OPs to the complainant on 27.02.2017, however the interest on the said amount and the compensation was not paid by the OPs to the complainant. The complainant is entitled for interest on the amount of Rs.2 lac from 23.07.2016 till the date of payment at the interest of @ 24% per annum along-with compensation on account of mental agony, physical harassment suffered by the complainant. Hence, the present complaint.
2. On receiving the notice the OPs appeared and resisted the complaint by filing a written statement wherein various preliminary objections i.e. this Forum has no jurisdiction to entertain and try the present complaint; the instant complaint is abuse of process of law and has been filed by the complainant with the sale purpose of harassing the OPs and to accept the unreasonable demand of the complainant; that the complainant has no cause of action to file the present complaint; that the complainant has not come to this Forum with clean hands; that the present complaint is not maintainable under the law, have been raised. On merits it is submitted by the OPs that the complainant had not submitted the requisite document for surrender and plot No.519 within the stipulated period as fixed by the OPs. It is also submitted that the complaint was intimated by the OPs to receive the money deposited by the complainant from the office of the OPs. However the complainant did not visit the office of the OPs for receiving the aforesaid amount. Thereafter the aforesaid amount was paid to the complainant through Cheque dated 27.02.2017. Therefore there is no deficiency or negligence on the part of the OPs in rendering service to the complainant and the present complaint is liable to be dismissed.
3. The complainant produced his affidavit as Ex.C1 wherein the averments made in the complaint have been affirmed. The complainant also tendered in evidence document Ex.C2 to Ex.C4 in support of his case and closed the evidence. On the other hand Sumit Kumar, Estate Officer of HUDA, Fatehabad, District Fatehabad tendered his affidavit on behalf of OPs as Ex. RW1 and closed the evidence.
4. We have heard the learned counsel for the parties and have also gone through all the documents placed on record of the file. It is not disputed that the complainant submitted an application on 23.07.2016 to the OPs for surrender of the plot in question and for refunding of amount deposited by him. It is also not disputed that the amount deposited by the complainant was refunded on 27.2.2017 by the OPs through a Cheque. It is the case of the complainant that there is a delay on the part of OPs in refunding the amount to the complainant and as such the complainant is entitled for receiving interest on the deposited amount from 23.07.2016 to 27.02.2017. Whereas it is the case of OPS that in spite of many requests made by the OPs the complainant himself did not visit the office of OPs for receiving the amount in question and as such there is delay in refunding the amount to the complainant on the part of the OPs.
5. From perusal of the record it is revealed that there is no evidence on the file vide which it can be established that the OPs had made any request to the complainant for receiving the amount in question. Therefore we are of the considered opinion that there is delay on the part of OPs in refunding the amount in question to the complainant and it amounts to deficiency on the part of OPs in rendering service to the complainant. So the complainant is entitled for receiving interest on the amount in question from 23.07.2016 to 27.02.2017 i.e. Consequently the OPs are directed to give interest @ 8% to the complainant on the aforesaid amount for the period from 23.07.2016 to 27.02.2017 along with compensation of Rs.4000/- on account of mental agony, physical harassment and litigation charges etc. suffered by the complainant. The complaint is accordingly disposed of. Copy of this order be communicated to the parties free of costs. File be consigned to the record after due compliance.
Announced in open Forum.
Dated: 13.10.2017.
Raghbir Singh)
President
(Ansuya Bishnoi) (R.S.Panghal) District Consumer Disputes
Member Member Redressal Forum,Fatehabad
