Haryana

Ambala

CC/307/2023

RAJESH KUMAR BUKAL. - Complainant(s)

Versus

HOUSING BOARD HARYANA. - Opp.Party(s)

AADESH VERMA.

21 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	307 of 2023
Date of Institution	:	06.10.2023
Date of decision	:	21.03.2024

Rajesh Kumar Bukal S/o Sh. Jagdish Ram Bukal, R/o H.No.14, Partap Nagar, Mahesh Nagar, Ambala Cantt, Tehsil- Ambala Cantt (UID No.7392-8361-3058).

          ……. Complainant

Versus

Housing Board Haryana through its Chief Administrator/Estate Manager, Plot No.C-15, Awas Bhawan, Sector-6, Panchkula

….…. Opposite Party

Before:         Smt. Neena Sandhu, President.

                       Smt. Ruby Sharma, Member,

           Shri Vinod Kumar Sharma, Member.           

 

Present:        Shri Aadesh Verma, Advocate, counsel for the complainant. 

                        OP already ex parte vide order dated 08.12.2023.

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To refund the amount of Rs.5,80,000/- and Rs.12,000/- spent on various occasions alongwith interest @12% p.a, till the date of realization.
2. To pay Rs1 lac  as compensation for harassment and mental agony
3. To pay Rs.70,000/- on account of litigation expenses.
4. OR

Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainant is an Ex. Servicemen from Indian Air Force. He applied for allotment of Type-A Flat under Defence Category at Pinjore with the OP and deposited an amount of Rs.5,80,000/- as per demands made by the OP from time to time. Initially, he deposited Rs.2,27,000/- and later as per their Memo No.HBH/CRO(PM)/DEFENCE/2015/SPL-2467 dated 09.02.2015 the OP informed the complainant that "You have been declared successful in the draw of lots held on 29.12.2014 for the allotment of flat at Sector 28, Pinjore Provisional Registration No.329 and Final Registration No.184" and further requested the complainant to deposit more amount of Rs.3,41,000/- (15% Advertised Cost) alongwith Rs.12,000/- as Interest, which stood deposited by him, vide Demand Draft No.826921 dated 09.03.2015 issued by Punjab National Bank, Ambala Cantt alongwith requisite demanded document such as (a). An affidavit duly attested by the Executive Magistrate Ist class (b).Domicile certificate as proof of being resident of Haryana State, (c). ESM certificate duly signed by Secretary, ZSB, Yamuna Nagar, (d) NDS certificate from Central Bank of India, Yamuna Nagar. However, thereafter, the OP failed to allot the flat and later on sent one letter bearing Memo No. HBH/EM/2018/3514 dated 17.12.2018 stating therein that- "there is delay for the construction of flats at Sector 28, Pinjore due to some technical reasons". The OP then offered to the complainant- "TYPE-B Flat in Sector-31 at Panchkula" which was smaller in size in comparison to "Type-A Flat" and at that time the complainant has submitted his unwillingness to the OP for Type-B-flat vide his letter dated 18 Nov. 2019 and before this letter, also sent emails dated 04 Dec. 2018, 17th Jan 2019, 19 March 2019 and  of July 2019. Thereafter the complainant submitted request for the refund of the amount paid by him, vide letter dated 12.12.2018 but to no avail.  From the last more than seven years, the OP is utilizing the amount paid by the complainant without providing him anything. The complainant got served legal notice dated 02.03.2022 upon the OP which has been duly received by it but till today no reply has been sent by it. As per the refund chart of the OP the complainant name is mentioned at Serial No.9469 in which the OP has wrongly and illegally shown an amount of Rs.5,45,300/- as "Refund in process" which is lesser then actual deposited amount. The complainant was telephonically called up on 20.01.2023 to the office of the OP to submit some documents, which were submitted alongwith representation dated 20.01.2023 for immediate release refund of actual deposited amount with the OP but to no avail. On 27.07.2023 through print media the OP in Punjab Kesri Newspaper, got duly published with the title-"Housing Board Dwara Radd Hue DEFENCE FLAT SCHEME Main Fasey Crore Rupay". By not refunding the amount deposited by the complainant, the OP was deficient in providing service. Hence, the present complaint.
3.           Upon notice, none has appeared on behalf of the OP before this Commission, therefore, it was proceeded against ex-parte vide order dated 08.12.2023.
4.           Learned counsel for the complainant tendered evidence of the complainant as Annexure CW1/A alongwith documents as Annexure C-1 to C-10 and closed the evidence on behalf of the complainant.
5.           We have heard learned counsel for the complainant and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that in the first instance by not allotting the flat of Type-A category and thereafter, by not refunding the entire amount paid by the complainant despite the fact that the complainant had opted for refund of the amount paid, in writing, the OP is deficient in providing service. 
7.           The moot question which falls for consideration is, as to whether, the complainant is entitled to any relief in this case or not. It may be stated here that it is evident from allotment letter dated 09.02.2015, Annexure C-1 that the complainant was declared successful by the OP for allotment of a flat in Pinjore, Sector 28, Haryana against final registration no.184 and the complainant was asked to make payment of Rs.341000/- within 30 days, which stood deposited by him, vide instrument dated 09.03.2015, Annexure C-2. However, it is coming out from letter dated 17.12.2018, Annexure C-4 that the OP informed the complainant that because there is some delay due to technical reasons at Sector 28, Pinjore, therefore if he is interested for a flat at Sector 31 Panchkula (Type A or Type B), he may send his consent. It is also evident from letter dated 25.11.2021 and 23.12.2021, Annexure C-5 and C-6 having been sent to the OP  that the complainant submitted his willingness for taking A-Type flat at Sector 31, Panchkula. Thereafter, when the OP failed to take any steps in the matter, the complainant served legal notice dated 02.03.2022, Annexure C-7 and letter dated 20.01.2023, Annexure C-9 seeking refund of the amount paid but there is nothing on record that the amount paid was refunded to him.
8.           It is  significant to mention here that, as stated above, notice of this complaint was sent to OP seeking its version, yet, nobody appeared on its behalf, despite service,  as a result whereof, it was proceeded against exparte vide order dated 08.12.2023. The non-appearance of the OP shows that it has nothing to say in its defence against the allegations made by the complainant. Under these circumstances, it can easily be said that the act of the OP in neither allotting a flat (Type A) in any of the Sector either at Panchkula or Pinjore  nor refunding the amount paid, amounts to  deficiency in providing service, which has definitely caused a lot of mental agony and harassment, including financial loss to the complainant.
9.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP, in the following manner:-
   1. To refund the entire amount paid by the complainant alongwith interest @6% p.a. from the respective dates of receipt onwards.
   2. To pay Rs.5,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.3,000/- as litigation expenses.  

                    The OP is further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OP shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

 Announced:- 21.03.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President