Haryana

Panchkula

EA/69/2015

BHUSHAN RAM - Complainant(s)

Versus

HARYANA HOUSING BOARD. - Opp.Party(s)

G.L SHARMA.

30 Jan 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PANCHKULA.

                                               

Execution Application No.	:	69 of 2015
Date of Institution	:	10.11.2015
Date of Decision	:	30.01.2017

Bhushan Ram s/o Sh.Gurdial Singh C/o R.L.Saini, R/o House No.1455, Sector 39-B, Chandigarh.

                                                                                                                ….Complainant

Versus

1.    Chief Administrator, Haryana Housing Board, C-15, Awas Bhawan, Sector-6, Panchkula.

2.    Estate Manager, Housing Board Haryana, Ambala City (Presently office in the Housing Board Haryana, Plot No.C-15, Awas Bhawan, Sector-6, Panchkula).

                                                                                                              ….Opposite Parties

Before:           Mr.Dharam Pal, President.                                                                                                              Mrs.Anita Kapoor, Member.

Present:          Mr.G.I.Sharma, Adv., for the complainant.

None for the Ops.

                    

                        The present execution application has been filed by the complainant/DH for compliance of order of the Hon’ble State Commission, Panchkula dated 25.10.2010 and order dated 06.02.2015 passed in appeal. Initially, the complaint filed by the complainant before this Forum which was allowed vide order dated 28.04.2005 and the following order was passed:-

“For the foregoing reasons, the instant complaint stands partly allowed to the extent that the Ops though can validly charge the enhancement amount but they cannot charge the interest on the amount of enhanced amount prior to 12.7.2007. The complainant has also claimed certain compensation but in view of the findings recorded above, we do not consider it proper to allow any of the same. In the circumstances of the case, we do not even make any order as to costs. The complaint is, thus, disposed if accordingly in the manner and to the extent indicated above. Order accordingly.”

            Against the above order, the complainant and the Ops filed appeals before the Hon’ble State Commission, Panchkula and the Hon’ble State Commission vide order dated 25.10.2010 decided both the appeals by passing the following order:-

“In this view of the matter, we dispose of both the appeals with the observation that in case any enhanced amount was recovered from the complainant, after the allotment of the Type-1 house to him, the Housing Board would refund the excess amount to the complainant along with simple interest at the rate of 9% per annum from the date of its deposit till realization.”

            Thereafter, the Ops against the above order dated 25.10.2010 of the Hon’ble State Commission filed the revision petition before the Hon’ble National Commission, New Delhi. The Hon’ble National Commission, New Delhi vide order dated 14.08.2014 allowed the revision petition and remand the matter back to the State Commission, to decide the appeal afresh after hearing both the parties and the Hon’ble State Commission decided the appeal afresh vide order dated 06.02.2015 and passed the following order:-

“a.       Not to charge the impugned enhanced land compensation and to refund the amount deposited by the complainant on account of enhanced land compensation if deposited by the complainant within two months w.e.f. the date of communication of his order failing which the complainant shall be entitled to 9% p.a. interest on the aforesaid amount of enhancement also.

b.         To pay a sum of Rs.15,000/- for harassment and mental agony.

c.         To pay a sum of Rs.5000/- as cost of proceedings.”     

            As per order of the Hon’ble State Commission, the Ops placed on record calculation sheet dated 08.11.2016 in which an amount of Rs.8401/- was refundable in favour of the complainant/DH. The detail of calculation sheet is as under:-   

Sr.No.		Amount
1.	ELC annual deposited by the allotee	239499/-
2.	Interest e 9% 6.2.15 to 26.10.15 8 months 20 days 14369+1181=15550/-	15550/-
3.	Harassment charges	15000/-
4.	Cost	5000/-
5.	Total refundable amount	275049/-
6.	Refunded on 26.10.15	267393/-
7.	Balance as on 26.10.15	7656/-
8.	Add interest 27.10.16 to 14.11.16 12months 19 days e 9% 689+37=726/-	726/-
9.	Total amount refundable 14.11.16	8382/-
10.	Add interest 14.11.16 to 23.11.16	19/-
11	Total refundable amount 23.11.2016	8401/-

 

            In compliance of order of the Hon’ble State Commission, the clerk on behalf of the Ops appeared tendered a cheque bearing No.021517 dated 22.11.2016 for an amount of Rs.8401/- in favour of the complainant and stated that order under execution application has been fully complied with. The counsel for the complainant has also received the cheque of Rs.8401/- and requested for filing objection. The execution application was adjourned to 12.12.2016 for filing objection if any on behalf of the complainant. On 12.12.2016, holiday was declared and the execution application was adjourned to 13.12.2016. On 13.12.2016 none appeared on behalf of the complainant and the execution application was adjourned to 04.01.2017 for filing objection. On 04.01.2017, none appeared on behalf of the complainant and the execution application was adjourned for today. Today counsel for the complainant has filed the objection against the compliance report filed by the Ops in which he stated that the Ops/JDs had refunded the enhancement amount deposited by the complainant alongwith interest on delayed payment from 20.02.2015 @ 9% but no interest has been paid on the enhanced amount which was utilized by the OP from 10.12.2003 to 01.04.2015 for about 13 years. From the perusal of the order dated 06.02.2015 passed by the Hon’ble State Commission, the interest @ 9% has to be paid within two months from the date of communication of this order failing which the complainant shall be entitled to 9% p.a. interest on the aforesaid amount of enhancement also. Meaning thereby the interest is to be paid @ 9% p.a. w.e.f. 06.02.2015 and not from 10.12.2003 to 01.04.2015. None of the parties has filed the appeal/revision petition before the Hon’ble National Commission and the above order has attained the finality. From the perusal of the calculation sheet submitted by the Ops, it reveals that the order under execution has been fully complied with by the Ops. We are of the opinion that the objections filed by the complainant are baseless and have no force and the same has been rejected. The execution application has become infractuous. Hence, the present execution application is hereby disposed off accordingly.

                        A copy of this order be sent to the parties free of costs and file be consigned to record room after due compliance.

 

Dt.30.01.2017                                   (Anita Kapoor)                                 (Dharam Pal)

                                                            Member                                             President