Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 564
Instituted on : 05.11.2019
Decided on : 01.07.2024
Sunil Kumar s/o Sh. Ram Gobind, Age 38 years, resident of village Chamariyan, District Rohtak.
………..Complainant.
Vs.
- Estate Officer H.S.V.P, Sector-3, Rohtak.
- Chief Administrator, H.S.V.P.(Haryana Shehri Vikas Pradhikaran), Sector-6, Panchkula.
- Punjab National Bank, Outer Quilla Road Branch Rohtak through its Branch Manager.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Sh.P.K.Maina Advocate for complainant.
Sh.K.K.Luthra, Advocate for opposite party No.1 & 2.
Sh.S.K.Manchanda, Advocate for opposite party No.3.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are complainant applied for the allotment of plot in HSVP in the year 2017. As he was not having sufficient amount to deposit as earnest money so he had applied with the opposite party No.3 for loan of earnest money for allotment of plot of 6 marlas and opposite party No.3 had sanctioned loan of Rs.270000/- for filing of application for allotment of plot. At the time of application, there was no such term or condition for forfeiture of the earnest money in case of surrender of plot, if allotted. Opposite party No.1 vide letter no.9854 dated 26.10.2017, which was actually dispatched on 30.10.2017 instead of 26.10.2017, had informed the complainant that he was found successful in draw of lots of Sector 21-P, Rothak held on 16.10.2017 for allotment of plot under SCCAS-GRA category for which the allotment letter is to be issued. The complainant was further required to submit the documents mentioned in the letter within 15 days from issue of the above letter, and failing to deposit the documents within 15 days, the allotment would be cancelled without giving any further notice and 10% amount so deposited by the complainant for allotment of plot will be forfeited and the complainant will not be entitled for any claim in this regard. It is pertinent to mention here that the above letter no.9854 dated 26.10.2017 cannot be considered as the letter of allotment as it was only a letter regarding intimation and a requisition for the documents mentioned therein. The allotment letter was to be issued after submitting the requisite documents by the complainant. After receiving the aforesaid letter, the complainant had submitted a duly sworn affidavit in the office of opposite party no.1 for surrender of the plot within 15 days as he did not want to retain the plot. But the opposite parties refused to refund the earnest money vide letter dated 5226 dated 01.05.2018 by taking a lame excuse of letter no.HSVP/CCF/AO-Cash/2018/79057 dated 23.04.2018 issued by the opposite party no.2. It is further submitted that the complainant had deposited the amount in the month of February 2017 and the new terms and conditions were notified vide letter dated 02.03.2017, and the direction/letter no. HSVP/CCF/AO-Cash/2018/79057 dated 23.04.2018 was issued by the opposite party no.2 on 23.04.2018 and hence the same were not applicable in the case of the complainant. Opposite party No.3 also pressurized the complainant to deposit the loan amount alongwith interest and had filed a complaint u/s 138 of N.I.Act against the complainant. The complainant is facing the same only due to non-refund of amount by the opposite party No.1 & 2. So there is deficiency in service on the part of opposite party No.1 & 2. Hence this complaint and it is prayed that opposite party No.1 & 2 may kindly be directed to make the payment of Rs.270000/- alongwith interest @ 18% p.a. from the date of payment till its realisation and also to pay Rs.125000/- on account of mental agony and harassment and Rs.100000/- as compensation and litigation expenses to the complainant. It is further prayed that opposite party No.3 be directed to withdraw the complaint u/s 138 of N.I.Act filed by it against the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite party no.1 & 2 in their reply has submitted that all the terms and conditions were displayed in the brochure of the opposite party at the time of application. The applicant was informed vide the office letter bearing memo no.9854 dated 26.10.2017 that he was found successful in draw of lots of Sector 21P Rohtak with a request to submit the required documents within a period of 15 days from the issue of the letter dated 26.10.2017 failing which the allotment would be cancelled without giving any further notice and 10% amount so deposited by the applicant/complainant for allotment of plot would be forfeited and the complainant will not be entitled for any claim. But the complainant refused to accept the plot and submit an affidavit dated 09.11.2017 regarding surrender of plot. As per policy of the department the complainant is not entitled to refund of earnest money in case of surrender of plot. It is very clear as per the policy of HSVP that 10% of the total amount of the consideration money will be forfeited in the case of surrender of plot by the allottee. There is no deficiency in service on the part of opposite party. All the other contents of the complaint were stated to be wrong and denied and opposite party No.1 & 2 prayed for dismissal of complaint with costs.
3. Opposite party No.3 in its reply has submitted that respondent no.3 has advanced earnest money and in case it is not refunded by respondent no.1 & 2 the respondent no.3 has to take back loan advanced to complainant. In this case the money is forfeited by the opposite party No.1 & 2 and so complainant has to pay back the earnest money to respondent no.3. So the respondent has rightly filed a complaint under section 138 N.I.Act as per law against the complainant. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.
4. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C16 and closed his evidence on 07.12.2021. On the other hand, ld. counsel for opposite party No.1 & 2 has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R3 and closed his evidence on 22.12.2022. Ld. Counsel for the opposite party No.3 has tendered affidavit Ex.RW3/A, and closed his evidence on 17.05.2022.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. We have perused the documents placed on record by both the parties. As per affidavit Ex.RW1/A filed by Sh. Devender Kumar, Assistant O/o Estate Officer, Haryana Shehri Vikas Pradhikaran, Rohtak, “As per office memo no.DA/2022/56135-2 dated 08.04.2022 the Hon’ble Chairman HSVP approved a proposal for making refund of 10% earnest money as aforesaid alongwith interest @ 6% p.a. from the day following 30 days after issuance of allotment letter. The refund of payment has already been sanctioned vide this office memo No.1946-1949 dated 11.05.2022 and same is credited into the account of complainant”. Copy of sanction order memo no.1946 dated 11.05.2022 is also placed on record as Ex.R1, as per which sanction is accorded to refund a sum of Rs.354506/- (Rs.270000/-+ 6% interest Rs.84506/-) of plot no.241 sector 21P, Rohtak to the complainant. Copy of bank payment voucher Ex.R2 is also placed on record. Perusal of the documents reveals that complainant applied for surrender of plot on 09.11.2017 and the amount has been refunded on 11.05.2022 i.e. after 4½ years. Hence there is deficiency in service on the part of opposite party No.1 & 2 and they are liable to compensate the complainant. As per our view, complainant is also entitled for 9% interest on the deposited amount whereas the opposite party no.1 & 2 has only paid 6% interest. Hence the complainant is also entitled for the remaining 3% interest on the alleged amount of Rs.270000/-.
7. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party No.1 & 2 that if the alleged amount of Rs.354506/- has already been received by the complainant in that case opposite party no.1 & 2 are directed to only pay interest @ 3% p.a. on Rs.270000/- from dated 26.11.2017 to 11.05.2022. If the amount is not received by the complainant, then opposite party no.1 & 2 are directed to pay the amount of Rs.270000/-(Rupees two lac seventy thousand only) alongwith interest @ 9% p.a. from 26.11.2017 to till its payment to the complainant. Opposite party No.1 & 2 are further directed to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
01.07.2024
.....................................................
Nagender Singh Kadian, President
..........................................
Tripti Pannu, Member.
..........................................
Vijender Singh, Member.
