BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM; FATEHABAD.
C.C.No.56/2018.
Date of Instt.: 16.02.2018.
Date of Decision:14.06.2018.
Ram Pyari widow of Parma Nand, resident of Ward No. 6, House No. 364, Opposite Durga Mandir, Fatehabad, Tehsil and District Fatehabad.
..Complainant.
Versus
- Estate Officer, Housing Board Colony, Sector 15-A/1305-A, Hisar District Hisar.
- Chief Administrator Housing Board Haryana, Plot No. C-15, Awas Bhawan, Sector-6, Panchkula.
..Respondents/OPs.
Before: Sh.Raghbir Singh, President.
Sh.M.K.Khurana, Member.
Argued by: Sh. C.B. Narang, Adv. for the complainant.
Sh. Vinod Madaan, Adv. for the OPs.
ORDER
The present complaint under Section 12 of the Consumer Protection Act, 1986 has been filed by the complainant against the Opposite Parties with the averments that she is having a BPL card and a flat of BPL category bearing no. 323-SF was allotted to the complainant in the total amount of Rs. 3,64,000/- in the Housing Board Colony of Soma, New Town, Fatehabad. The complainant had also deposited two installments of 37,000/- each in the office of OPs. As per terms and conditions of the allotment till the delivery of possession to the complainant by the OPs an amount of Rs. 1,08,000/- was to be deposited by the complainant. The abovesaid amount was to be deposited in the month of December, 2012 and the remaining amount of Rs. 1,82,000/- was to be deposited in 156 installments.
2. It is further submitted that since the complainant was unable to deposit the remaining amount and as such the complainant surrendered her plot with the OPs. It is also submitted that the complainant has not taken any bank loan and both the installments were deposited by her through cash/draft. It is further submitted that thereafter the complainant requested several times to the OPs to refund the abovesaid amount of Rs. 74,000/- along-with interest. The complainant has already submitted the requisite documents like original allotment certificate, NOC of the bank, original receipt of deposit of first installment and photocopy of the second installment. The complainant also moved so many applications to the department of OPs for refunding of the aforesaid amount of Rs. 74,000/- but all in vain. The complainant also served a legal notice dated 22.9.2017 through her counsel requesting therein for refunding of abovesaid amount of Rs. 74,000/-. Thereafter, a letter dated 7.11.2017 was issued to the complainant by the OPs intimating therein that the amount in question has already been sent to Accounts Branch of Housing Board, Haryana on 11.7.2017. However, the complainant has no knowledge as to where the Housing Board, Haryana is situated and the said amount has not been released to the complainant till date.
3. It is further submitted that the abovesaid act of the OPs in not refunding the Rs. 74,000/- to the complainant amounts to deficiency and unfair trade practice on their part in rendering service to the complainant. The complainant has further prayed that the OPs may be directed for refunding an amount of Rs. 74,000/- along-with interest at the rate of 18% per annum from the date of deposit till realization. The complainant has also sought compensation to the tune of Rs. 20,000/- and litigation charges amounting to Rs. 11,000/-. Hence the present complaint.
4. On being served, the OPs appeared through their counsel and resisted the complaint by filing a joint written statement wherein various preliminary objections with regard to maintainability, cause of action, locus standi and estoppel etc., have been raised.
5. In reply on merits, it is admitted that the complainant had applied for refund vide application dated 30.1.2017 on the ground that she was unable to deposit the remaining amount of allotment money and as such she surrendered the plot allotted to her. It is further submitted that so many allottees have surrendered their flats as such the OPs have prepared a seniority list of the surrendered cases for refunding of the amount keeping in view of heavy pressure of surrendered cases. The name of the complainant has been figured at serial no. 295 in the seniority list of the year 2017. The amount in question will be refunded to the complainant shortly on her turn. It is further submitted that in reply of the legal notice dated 22.9.2017 served by the complainant, the OPs vide letter dated 7.11.2017 intimated the complainant that the amount in question has been sent to Accounts Branch of Housing Board, Haryana on 11.7.2017. But the complainant did not visit the office of Housing Board, Haryana, Hisar for collecting the refund amount. It is further submitted that there is no deficiency on the part of OPs in rendering service to the complainant and as such the complainant is not entitled for any compensation or litigation charges. The OPs have further prayed for dismissal of the present complaint with costs.
6. The learned counsel for the complainant tendered in evidence affidavit of the complainant as Exhibit CW1/A along-with documents as Exhibit C-1 to Exhibit C-6 and the documents as Annexure C-1 to Annexure C-3 and closed the evidence of the complainant. On the other hand, the learned counsel for the OPs tendered in evidence affidavit of Rajbir Singh, Estate Manager, Housing Board, Haryana, Hisar as Exhibit RW1/A and the documents as Annexure R-1 to Annexure R-3 and closed the evidence of OPs.
7. We have duly considered the arguments advanced by learned counsel for the parties and have also perused the entire material placed on record of the present case. It is the case of the complainant that a flat of BPL category was allotted to her by the OPs for an amount of Rs. 3,64,000/- in Housing Board Colony at Fatehabad and the complainant had deposited two installments of Rs. 37,000/- each with the OPs. It is further the case of the complainant that since she was unable to deposit the remaining installments, as such vide application dated 30.1.2017, the applicant surrendered the abovesaid flat and requested the OPs for refund of the amount deposited by her with the OPs. Thereafter, the complainant requested the OPs so many times for refund of the abovesaid amount of Rs. 74,000/- along-with interest and she has already submitted all the requisite documents with the OPs. However, till date the abovesaid amount has not been refunded by the OPs to her. It is further the case of the complainant that the abovesaid act on the part of OPs amounts to deficiency in service as defined in the Consumer Protection Act, 1986 and as such she is entitled for refund of the abovesaid amount along-with interest and compensation.
8. On the other hand, it is the case of the OPs that the complainant had applied for refund of the amount vide application dated 30.1.2017 in the office of Haryana Housing Board, Hisar and thereafter the said application was received in the office of Chief Administrator Housing Board, Haryana, Panchkula. In order to stream-line the refund cases and due to weak financial position of the Housing Board a seniority list of surrendered cases for refund has been prepared. The name of the complainant figures at Serial No. 295 in the seniority list for the year 2017 prepared by the Board. The due amount as per the policy of the OPs will be refunded to the complainant on her turn as per seniority list. It is also the case of the OPs that the refund amount has already been sent to Accounts Branch of Haryana Housing Board on 11.7.2017, but the complainant did not visit in the office of Housing Board, Haryana, Hisar to collect her refund amount. In view of the above, the OPs are ready to refund the deposited amount to the complainant as per policy framed by the OPs applicable in the matter. It is also not disputed that the complainant had applied for refund of the deposited amount on 30.1.2017. However, till date i.e. after a lapse of one and a half year, the said amount has not been refunded to the complainant. We are of the considered opinion that a delay of one year and 6 months on the part OPs for refunding the due amount amounts to deficiency on the part of OPs in rendering service to the complainant. Therefore, to this extent the complainant has been able to prove deficiency on the part of the OPs.
9. In view of the aforesaid discussion, the present complaint is partly allowed and the OPs are directed for making payment of the deposited amount to the complainant after making deductions as laid down in Clause 13 of the Housing Board, Haryana/Allotment, Management and Sale of Tenements Regulations, 1972, along-with interest at the rate of 6% from 30.1.2017 till realization. The OPs are further directed for making a payment of Rs. 5,000/- as compensation and litigation charges to the complainant. The abovesaid order be complied with within a period of 45 days from the receipt of copy of this order. Copy of this order be supplied to the parties free of costs. File be consigned to record room after due compliance.
ANNOUNCED IN OPEN FORUM.
(Raghbir Singh)
President
(M.K.Khurana) District Consumer Disputes
Member Redressal Fourm,Fatehabad
