Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                                   Complaint No. : 339.

                                                                   Instituted on     : 15.07.2019.

                                                                   Decided on       : 06.07.2020.

Vikas Chawla S/o of Shri Sant Lal Chawla, aged 38 years, resident of 1353B Ward no.19, Opposite Reliance Fresh Huda Complex, Opposite Palika Bazar, Rohtak.

                                                                                                                                                                             ………..Complainant.

                             Vs.

1. Haryana Shehri Vikas Pradhikaran through its Chief Administrator, Sector-6, Panchkula.

2. Estate Officer, Haryana Shehri Vikas Pradhikaran, Sector-3, Rohtak.

……….Opposite parties.

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

BEFORE:   SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   Ms. TRIPTI PANNU, MEMBER.

                   DR. RENU CHAUDHARY, MEMBER.

Present:       Shri Naveen Singhal, Advocate for the complainant.

                   Sh. K.K. Luthra, 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, vide application bearing no.0840000985 and had deposited an amount of Rs.2,70,000/- 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.231 and he was intimated vide letter memo no.9846 dated 26.10.2017. 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 and refused to accept the proposed allotment, vide his letter dated 03.11.2017 received in the office of opposite party no.2 on 03.11.2017, and requested for refund of his earnest money. The opposite party refused to refund the earnest money deposited by the complainant, vide letter dated 1.5.2018. 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.2,70,000/- alongwith interest @ 18% from the date of payment i.e. 15.02.2017 till realization but to no avail. That the act 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.2,70,000/- alongwith interest @ 18% from the date of payment  i.e. 15.02.2017 till realization and also 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 is bound by the terms and conditions of the relevant instructions of the said allotment, according to which he was required to deposit the documents within a period of 15 days from the date of intimation, which has been admittedly given to him vide letter no.9646 dated 26.10.2017, to which he has duly acknowledged but has failed to deposit the requisite documents. The complainant has even refused to accept the allotment vide his application dated 03.11.2017. As such the allotment stand cancelled and the amount of 10% earnest money deposited by him stand also forfeited. 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.C6  and has closed his evidence on dated 6.12.2019. Ld. Counsel for the opposite parties has tendered affidavit Ex.RW1/A, documents Ex.R1 &  Ex.R2 and evidence of the opposite parties was closed by Court order dated 27.2.2020.

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

5.                          After going through the file and hearing the parties it is observed that complainant had applied for a residential plot, vide application bearing no.0840000985 dated 17.02.2017 and had deposited an amount of Rs.2,70,000/- as earnest money with the opposite parties after taking loan from the Bank of Baroda, which is proved from the Certificate Ex.C2. The complainant received a letter memo no.9846 dated 26.10.2017 placed on record as Ex.C3 for completing the formalities for  issuance of allotment letter. Complainant vide his letter dated 03.11.2017 placed on record as Ex.C4, requested the opposite parties to refund the earnest money as he was unable to accept the proposed allotment due to some personal reasons and ongoing litigations between HUDA and Land owners.  But the opposite parties vide their letter Ex.C5 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.                          A thorough perusal of this letter issued by Chief Administrator, HSVP, Panchkula vide letter No.HSVP/CCF/AO-Cash/2018/79057 dated 23.04.2018 attached with letter Ex.C5, shows that: “In case applicant refuses to accept this allotment, he shall communicate his refusal by a registered letter within 30 days from the date of allotment letter, failing which this allotment shall stand cancelled without any notice and the earnest money deposited by applicant, shall be forfeited to the authority and applicant, shall have no claim for the damages”. It is also submitted in this letter that : “Now new terms and conditions have been notified vide instruction No.28 issued under memo No.38354 dated 02.03.2017 where under no such willingness is called from the successful allottee whether he wants to retain the plot or refuse it”. In this regard, it is observed that firstly no allotment letter has been issued by the opposite parties to the complainant till date, secondly the complainant had surrendered the plot within 30 days from the receipt of letter dated 26.10.2017 of the opposite party. It is also observed that complainant has deposited the amount in question on dated 17.02.2017 and the new terms and conditions were notified vide memo No.38354 dated 02.03.2017, hence the same were not applicable in case of complainant. 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.

7.                          It is also observed that 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 these 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, complainant has also applied for surrender of plot before issuance of allotment letter but till date the amount has not been refunded to the complainant which amounts to deficiency in service on the part of opposite parties. As such opposite parties are liable to refund the earnest money alongwith interest to the complainant. Regarding the loan taken by the complainant from the bank, complainant has placed on record copy of transaction details Ex.C1 and a certificate Ex.C2 issued by the bank, as per which the complainant has paid all the loan amount to the Bank of Baroda and nothing is no dues in the said loan account.

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.270000/- (Rupees two lac seventy thousand only) alongwith interest @ 9% from the date of 45 days after surrender of plot i.e. 03.11.2017 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:

06.07.2020. 

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

                                                          Nagender Singh Kadian, President

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

                                                          Tripti Pannu, Member.

                                                                        ………………………………..

                                                                        Renu Chaudhary, Member.