Haryana

Charkhi Dadri

CC/328/2021

Dharamvir Singh - Complainant(s)

Versus

Estate Officer, HUDA - Opp.Party(s)

Rahul Kumar

25 Sep 2024

ORDER

Before the District Consumer Disputes Redressal Commission, Charkhi Dadri.

 

                                                          Complaint No. 328 of 2021.

                                                          Instituted on: 27-12-2021.

                                                          Date of decision:   25.09.2024.

 

Dharamvir Singh, son of Mukhtiar Singh, resident of Ghikara Road, Charkhi Dadri, Tehsil & District Charkhi Dadri

 

………Complainant.

 

                   Versus

 

1. Estate Officer, HUDA (now known as HSVP), Bhiwani, Tehsil & District Bhiwani.
2. Administrator, HUDA (now known as HSVP), Hisar, Tehsil & District Hisar.

 

………Opposite parties.

 

             COMPLAINT UNDER THE CONSUMER PROTECTION ACT.

 

Sitting:        Shri Manjit Singh Naryal, President,

                   Shri Dharam Pal Rauhilla, Member,

 

Present:       Shri Rahul Kumar, Adv. for complainant.

                    Shri Pankaj Chhikara, Advocate, for OPs.

 

ORDER

 

          The case of the complainant, in brief, is that he was allotted a Plot bearing No. 357P Sector-8, HUDA, Charkhi Dadri vide Letter No.Z0003/E0008/UE0033/Galt/00000000020 dated 18.7.2016. It is further alleged that the complainant had deposited the entire amount with the respondents. It is stated that installment for the year 2021 was due on 18.7.2021. When the complainant on 16.7.2021 tried to generate the challan to make payment  of the same then the complainant came to know that his account status showing deactivated and on the same day the complainant informed OP no.1 who assured that they would send letter to head office of  HSVP, Panchkula and assured the complainant that his problem would be sorted out as soon as possible. But after waiting for few days when the complainant tried to generate the challan again then he found the same problem and found that the account could not be activated. It is further averred that the complainant moved an application to CM window on 23.07.2021 but no action was taken on the same. The complainant further stated that on 08.10.2021, OPs activated account  and on the same date he deposited a sum of Rs.6,65,775/-. But after depositing the above said amount, he was astonished to know the pendency of Rs.22,436/- was shown in his account as delay interest. After that complainant approached to OP no.1 regarding  above mentioned delay interest and asked OP no.1 that he could not deposit the amount of installment due to non-generating of challan by technical issue and the complainant is not liable to pay the above mentioned delay interest fine. On 19.10.2021, the complainant moved an application to OP no.1 to exempt the delay interest fine but instead of exempt the delay interest fine,  the OP no.1 threatened the complainant if you did not deposit the delay interest fine then the OPs would reject the allotment. On their threat, the complainant deposited the above mentioned amount with further interest of Rs.572/-. Thus the complainant deposited Rs.23,008/- through challan no.581778. The complainant further alleged that due to the act and conduct of the OPs, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of OPs and as such, he had to file the present complaint.

2.                Upon notice, initially, the OPs appeared through their counsel Sh. Pankaj Chhikara, Adv. but later on, the OPs failed to file any written statement and power of attorney. Hence, defence of OPs to file the written statement was struck off vide order dated 02.12.2022.

3.             In the evidence, the complainant tendered affidavit Ex. CW-1/A and documents Ex. C-1 to Ex. C-10 and closed the evidence on 22.03.2023.

4.                We have heard the arguments of learned counsel of the complainant and have gone through the entire evidence placed on record by the complainant very carefully and minutely.

                   During the course of arguments, the learned counsel of complainant reiterated the contents of complaint filed by the complainant and drawn the attention of this Commission towards the documents placed on record by the complainant.

5.                After hearing the learned counsel for both the parties and having gone through the material available on the records, prima facie, it appears that the complainant has tried to make payment well in advance prior to due date i.e.18.07.2021. But due to technical system problem, payment could not be made by the due date. The complainant has taken up the issue with OPs as also raised his grievance through CM Grievance Redressal & Monitoring System Haryana vide  Grievance No.CMOFF/N/2021/059755 dt.23.07.2021. Pending process of redressal of the grievance, the payment of installment due on 18.07.2021 could not be made in time and  payment for Rs.6,65,775/- was made on 08.10.2021. The OPs after receiving Rs.6,65,775/-, appropriated Rs.6,43,339/- against principal and Rs.22,346/- towards delay interest adjustment. Consequent thereupon, an amount of Rs.22,346/- was treated as principal in default and further interest of Rs.572/- was also charged on the defaulted principal amount. The OPs have not submitted any written statement despite marking its presence through advocate during proceedings. Hence, no defence was placed on records.

                   Further OPs have miserably failed to produce any convincing and cogent evidence to disprove the stand taken by complainant that he has been harassed by the  OPs by charging interest because of technical fault on the part of OPs and that amount of Rs.23,008/-.

                   So, from the perusal  of the material available on the file, it is clearly proved that OPs have forced the complainant to run from pillar to post for depositing interest  Rs.23,008/-. It is also proved on record that the OPs have not resolved the matter, even on moving application on CM window, Haryana by the complainant

6.                From the above discussion, it is clearly proved that there is deficiency in service on the part of OPs. Therefore, in view of the above facts and circumstances, the complaint of the complainant is allowed  with costs and OPs are further directed :-

1. To refund the amount of Rs.23,008/-  charged towards interest for delayed payment of installment of Rs.6,65,775/- (due on 18.07.2021 and paid on 08.10.2021) alongwith interest @ 9% per annum from 08.10.2021 (date of payment made by the complainant) till making payment by the OPs.
2. To pay Rs.5,000/- as compensation.
3. To pay Rs. 5000/- as litigation charges.

The compliance of the order shall be made within 45 days from the date of the order. In case of default, the OPs shall liable  to pay interest @12% p.a.  on total amount as directed above vide clause No. i to iii from the date of default i.e. after 45 days  from the date of this order i.e. 25.09.2024.  Certified copies of the order be supplied to the parties free of costs.  File be consigned to the record room, after due compliance.