BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM; FATEHABAD.
C.C.No.58/2018.
Date of Instt.: 20.02.2018.
Date of Decision:14.06.2018.
Smt. Shanti Devi widow of Shri Bhagirath, resident of House No. 149, Ward No. 15, D.C. Colony, Fatehabad now at Hans Colony, 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. R.S. Bishnoi, 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 BPL card and a flat of BPL category bearing no. 322-SF was allotted to the complainant 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. 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 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 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 27.10.2017 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 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. 5,000/-. 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 15.9.2016 in the office of Estate Manager, HBH, Hisar which was received in the office of Chief Administrator, HBH, Panchkula and refund has already been made to the applicant Smt. Shanti Devi vide cheque no. 877291 dated 5.2.2018 amounting to Rs. 55500/- as per policy of the Housing Board Haryana and the same is reproduced as under:-
Consequence on failure of allottee to take possession – Where any applicant is allotted a tenement under those regulations but he fails to take possession of the same within a period of 30 days from the date of receipt of the allotment letter issued to him or surrenders the same at any time, his name shall be removed from the allotment register and 50% of the amount deposited with the application at the time of registration shall be forfeited to the Board and balance refunded to him without interest.”
It is further submitted that in reply of the legal notice dated 22.9.2017 served by the complainant, the OPs vide letter dated 27.10.2017 intimated the complainant that the amount in question has been sent to Accounts Manager 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-7 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 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 15.9.2016, she 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 several times for refund of the abovesaid amount of Rs. 74,000/- along-with interest and she also 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 also further the case of the complainant that the abovesaid act on the part of OPs in not refunding the deposited amount amounts to deficiency in rendering service to her. Therefore, she is entitled for refund of the deposited amount along-with interest and compensation.
8. On the other hand, it is the case of the OPs that as per Housing Board, Haryana/Allotment, Management and Sale of Tenements Regulations, 1972 Clause 13 “where any applicant is allotted a tenement under those regulations but he fails to take possession of the same within a period of 30 days from the date of receipt of the allotment letter issued to him or surrenders the same at any time, his name shall be removed from the allotment register and 50% of the amount deposited with the application at the time of registration shall be forfeited to the Board and balance refunded to him without interest.” Therefore, in view of the abovesaid policy an amount of Rs. 55,500/- has been refunded to the complainant vide cheque no. 877291 dated 5.2.2018.
9. In view of the abovesaid reply filed by the OPs, the complainant moved an application before this Forum wherein it is submitted by the complainant that the abovesaid cheque no. 877291 dated 5.2.2018 of Rs. 55,500/- has not been received by the complainant till date. The complainant vide the abovesaid application further requested that the OPs may be directed to send a fresh cheque amounting to Rs. 55,500/- to the complainant as soon as possible.
10. In view of the above, the first question to be decided by this Forum is as to whether the complainant is entitled for refund of Rs. 74,000/- as alleged by her. In this regard, it is mentioned here that the OPs have framed a policy regarding refund of the deposited amount in case the allottee surrenders a tenement. As per the policy framed by the OPs in case the allottee surrenders the tenement in that eventuality 50% of the amount deposited with the application at the time of registration shall be forfeited to the Board and the balance amount will be refunded to the allottee without interest. In view of the abovesaid policy, we are of the considered view the complainant is not entitled for refund of Rs. 74,000/- and interest on the abovesaid amount. As per the abovesaid policy the complainant is entitled for refund of an amount of Rs, 55,500/-.
11. The second question to be decided by this Forum is as to whether there is any delay on the part of the OPs in refunding the deposited amount to the complainant. In the present case, the complainant had applied for refund of the deposited amount on 15.9.2016. However, till date even after a lapse of one year and 9 months the amount has not been refunded to the complainant. We are of the considered view that the abovesaid delay on the part of OPs in refunding the amount to the complainant amounts to deficiency on the part of OPs. Therefore, the OPs are directed for making a payment of interest on the amount of Rs. 55,500/- to the complainant at the rate of 6% from 15.9.2016 till realization. The OPs are also further directed for making a payment of Rs. 5,000/- to the complainant as compensation and litigation charges. 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
