Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 175.
Instituted on : 08.04.2019.
Decided on : 16.12.2019.
Jasmer Singh s/o Sh. Hari Ram Resident of H.No.153, Gali No.1, Vasdant Vihar, rohtak.
………..Complainant.
Vs.
- Estate Office, Housing Board, Haryana, Kothi No.-103, Vikas Nagar, Rohtak(Through its Authorized Representative).
- Chief Administrator, Housing Board Haryana, Plot No.C-15, AWAS Bhawan, Sector-6, Panchkula(Through its Authorized Representative).
……….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: Complainant in person.
Sh.Dharmender Kamboj Advocate for opposite party.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant is
Ex-serviceman and retired from Army. He had applied for a flat Type-B, Sector-5, Rohtak in 2014 and the opposite party allotted the flat vide allotment memo no.HBH/CRO(PM)/DEFENCE/2015/SPL-4683 dated 10.02.2015 vide Provisional Regn No.134/RTK05/t-B/PNB and final Regn. No.57. The complainant has already paid an amount of Rs.393000/- i.e. Rs.157000/- through bank loan at the time of application and Rs.236000/- on dated 09.03.2015 through Bank draft. From the date of publication for inviting the applications from public, the opposite parties did nothing and there is no hope in near future regarding handing over of possession to the complainant. Complainant is running from pillar to post in the office of opposite parties just to get back his hard earned money deposited with the opposite parties but despite his repeated personal visits and requests, the opposite parties failed to refund the amount deposited by the complainant, which amounts to deficiency in service on their part. 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.393000/- 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 registration money of Rs.157000/- with application form and further deposited Rs.236000/- i.e. total Rs.393000/-. Complainant is not interested in the allotment of flat, he is interested for refund of amount deposited by him and the same would be refunded subject to provisions of Haryana Housing Board Regulations, 1972. In this case, the construction of flats has been delayed because the land for this project was to be made available by HSVP(i.e.HUDA) however since some portion of the land is under litigation, therefore possession of clear land has not been handed over to Housing Board Haryana as yet. The respondent does not have the finances to refund the amount of all the applicants and hence a seniority list of all the refund applications has been prepared, which is also available on the site of Housing Board Haryana and the refunds are being made as per seniority list and his name is at Sr. no.1351 of 2017 of the said list. The amount would be refunded to the complainant as per terms and conditions of the allotment letter.
3. Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C12 and closed his evidence on dated 24.06.2019. On the other hand, ld. counsel for the opposite party has tendered affidavit Ex.R1 and closed his evidence on dated 14.10.2019.
4. We have heard ld. counsel for the complainant and have gone through the material aspects of the case.
5. As per written statement filed by the opposite parties, it has been clearly mentioned in para no.5 that : “ The construction of flats has been delayed because the land for this project was to be made available by HSVP(i.e.HUDA). However since some portion of the land is under litigation, therefore possession of clear land has not been handed over to Housing Board Haryana as yet”. Meaning thereby, the respondent no.1 & 2 have no land till date for the construction of flats. The complainant had deposited an amount of Rs.393000/- with the respondent in the year 2014-15 and after waiting for a long period, he moved an application Ex.C5 to the opposite party for refund an amount on the ground that he was facing financial crisis. He was suffering from cancer and as such he was in need of money. To prove the same, he has placed on record treatment record Ex.C7 to Ex.C11. On the other hand, opposite party as per its reply has submitted that respondent does not have the finances to refund the amount of all the applicants and hence a seniority list of all the refund applications has been prepared and the refunds are being made as per seniority list and the same of the complainant is at Sr. No.1351 of 2017 of the said list. But till date, the amount has not been refunded to the complainant.
6. After going through the file and hearing the parties 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. Moreover, the complainant was in need of money due to his financial crisis, being a cancer patient and his amount should have been refunded on priority basis. But no action has been taken by the opposite parties to refund the amount of complainant. 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 refund the amount of Rs.393000/-(Rupees three lac ninety three thousand only) alongwith interest @ 12% 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.
7. Copy of this order be supplied to both the parties free of costs.
8. File be consigned to the record room after due compliance.
Announced in open court:
16.12.2019.
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Nagender Singh Kadian, President
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Renu Chaudhary, Member.
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Tripti Pannu, Member.
