Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                   Complaint No. : 01.

                                                                   Instituted on     : 03.01.2020.

                                                                   Decided on       : 29.11.2021.

Satish Kumar, aged 62 years son of Sh. Sita Ram, resident of House No.702-B, Ward no.18, Shastri Nagar, Rohtak.

                                                                                                                                                                             ………..Complainant.

                             Vs.

1. Haryana Shehri Vikas Pradhikaran(Earlier HUDA) through its Chief Administrator, Sector-6, Panchkula.

2. Estate Officer, Haryana Shehri Vikas Pradhikaran(Earlier HUDA), Sector-3, Rohtak.

……….Opposite parties.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:   SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

Present:        Shri Gulshan Chawla, Advocate for the complainant.

                   Sh. R.K.Sapra, Advocate for opposite parties.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case are that complainant had applied for a residential plot under “GENERAL” category in Sector-21-P at Rohtak, vide application bearing no.0840000963 and had deposited an amount of Rs.7,46,000/- as earnest money with the opposite parties. The complainant was found successful in the Draw of Lots and was given offer of allotment of plot no.436 measuring 14 Marla and he was intimated vide letter memo no.9994 dated 27.10.2017. The complainant was having option to accept the said allotment as indicated in the aforesaid letter. Due to some personal financial reasons, the complainant was not in a position to accept the said offer of allotment. Hence he refused to accept the proposed allotment, vide his letter dated 30.10.2017 received in the office of opposite party no.2 on 30.10.2017 and requested the opposite party to refund the earnest money. The opposite party refused to refund the earnest money deposited by the complainant, vide letter bearing memo no.5152 dated 30.04.2018. Opposite party has not issued any allotment letter for the above mentioned plot to the complainant.  As per regulation 5(5) of HUDA  Regulations, 1978, the complainant is entitled to the refund of full amount of earnest money deposited by him as he had refused the allotment within stipulated time. The complainant requested the opposite party to refund the amount of Rs.7,46,000/- alongwith interest @ 18% from the date of payment i.e. 17.3.2017 till realization but to no avail. That the act and conduct of opposite parties is illegal and there is deficiency in service on the part of opposite parties. As such, it is prayed that the opposite parties may kindly be directed to refund the amount of Rs.7,46,000/- alongwith interest @ 18% from the date of payment  i.e. 17.3.2017 till realization and also be directed to pay an appropriate amount towards compensation and to pay an amount of Rs.22,000/- towards legal costs to the complainant.

2.                 After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that as per the policy of Haryana Shehri Vikas Pradhikaran (HSVP), once the applicant has participated in the draw of lots and is declared successful then there is no provision for refunding the earnest money back to him. It is also submitted that the complainant was intimated about the allotment of plot vide office letter bearing memo no.9997 dated 27.10.2017 to deposit the required documents. But the complainant has not deposited the required documents and refused to accept the proposed allotment with stating the reasons due to personal reasons. It is also submitted that in Clause 4 of Form ‘C-R’ it is prescribed that the amount constituting 25% of the total tentative price has to be deposited failing which the allotment shall stand cancelled. This leaves no room of doubt that the successful applicant has to deposit the amount and there is no option with the successful applicant to surrender the plot or to refund the earnest money. It is also submitted that any claim made by the complainant for refund of the earnest money is liable to be rejected as the statutory provisions of Regulation 5(3) more specifically Form ‘C-R’ clearly bars refund of earnest money. Thus, the complainant cannot claim the refund of earnest money, which is against the statutory norms. It is also submitted that the earnest money has rightly forfeited as per law. As such he is not entitled for refund of earnest money as per terms and conditions. That there is no deficiency in service on the part of opposite parties and dismissal of complaint has been sought.       

3.                Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and has closed his evidence on dated 19.3.2021. Ld. Counsel for the opposite parties has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R8 and has closed his evidence on dated 26.10.2021.

4.                We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                In the present complaint, complainant had applied for a residential plot, vide application bearing no.0840000963 dated 16.02.2017 and had deposited an amount of Rs.7,46,000/- as earnest money with the opposite parties, which is proved from the payment challan Ex.C1. The complainant received a letter memo no.9994 dated 27.10.2017 placed on record as Ex.C2 for completing the formalities within 15 days for issuance of allotment letter. Complainant vide his letter dated 30.10.2017 placed on record as Ex.C3, requested the opposite parties to refund the earnest money as he was unable to accept the proposed allotment due to some personal reasons, which is also received by the opposite parties on dated 30.10.2017.  But the opposite parties vide their letter Ex.C4 has refused to refund the money on the ground that as per direction issued by the chief Administrator, HSVP, Panchkula vide letter No.HSVP/CCF/AO-Cash/2018/79057 dated 23.04.2018, there is no provision for refunding earnest money back to him.

6.                After going through the file and hearing the parties it is observed that no such letter has been placed on record by the opposite parties. On the other hand, as per letter Ex.C6, an information was sought under RTI, by an applicant namely Himanshu from the opposite parties  regarding refund of earnest money and reply to the same was given by the opposite parties vide their letter dated 16.07.2018 which is attached with the emails dated 08.01.2018 and 08.11.2017 and 17.11.2017. As per this reply of RTI application vide memo no.7139 dated 16.07.2018, opposite party has submitted that : “The money has refunded as per HSVP policy time to time who have surrender their plots within 30 days from the date of draw”. As per emails, it is perused that even after notifying the new terms and conditions, opposite party No.2 vide its email dated 08.11.2017 sent to opposite party No.1, has submitted that  they have received 45 Nos. applications for surrender of plots before issuing the allotment letter and surrendered plots applications were being received regularly. It is also submitted that allotment letters have not been generated yet and whether surrendered requests of successful applicants was to be dealt before issuing of allotment letter or after generating the allotment letters. As per email dated 17.11.2017 also, the same facts have been re-iterated. As per email dated 08.01.2018, it is submitted that before issuing of allotment letter the office has received 85 nos. applications for surrender of plots and that the surrendered plots applications were being received regularly after issuing of allotment letter and that 16 Nos. allotment letters have not been generated yet. The applicants were pressing very hard to refund their earnest money against their surrendered plots. Moreover clarification was also sought through this email that whether the earnest money was to be refunded by their office or by opposite party no.2. Meaning thereby, the opposite parties have received applications for surrender of plots before issuing the allotment letter and they were intended to refund the earnest money. In the present case the complainant has deposited the amount in question on dated 17.02.2017. As per the letter dated 27.10.2017 the draw of lots was held on 16.10.2017 and the complainant has applied for refund of earnest money on 30.10.2017 i.e. within 30 days from the date of draw. Hence as per policy of HSVP as mentioned in letter memo no.7139 dated 16.07.2018, he is also entitled for refund of earnest money.  But till date the amount has not been refunded to the complainant which amounts to deficiency in service on the part of opposite parties. Ld. Counsel for the complainant has also placed reliance upon the ratio of law laid-down in First appeal No.930 of 2019 decided by Hon’ble State Commission, Haryana, Panchkula on dated 03.02.2020 in case titled as Estate Officer, HSVP Vs. Rameshwar which is of same sector 21-P, Rohtak, order dated 18.06.2019 of this Forum in case titled as Bhupender Singh Vs. HUDA and order dated 21.11.2019 of Hon’ble High Court of P & H at Chandigarh  in case titled as Prikshit Vs. State of Haryana and others, which are fully applicable on the facts and circumstances of the case. As such opposite parties are liable to refund the earnest money alongwith interest to the complainant.

8.                In view of the facts and circumstances of the case, complaint is allowed and it is directed that opposite parties shall refund the amount deposited by the complainant i.e. Rs.746000/- (Rupees seven lac forty six thousand only) alongwith interest @ 9% from the date of 45 days after surrender of plot i.e. 15.12.2017 till its realsiation and shall also 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  within one month from the date of decision.

9.                         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:

29.11.2021.          

                                                          ................................................

                                                          Nagender Singh Kadian, President

                                                          …………………………………

                                                          Tripti Pannu, Member.