Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 48.
Instituted on : 23.01.2020.
Decided on : 12.04.2022.
Balbir Singh son of Shri Rattan Singh , resident of village and post office Bhali Anandpur, Tehsil Kalanaur and District Rohtak.
.......................Complainant.
Vs.
- Housing Board Haryana through its Chairman, Plot no.15, Awas Bhawan, Sec-6, Panchkula(Haryana).
- Estate Manager, Housing Board, Haryana, H.No.122, 1st Floor, Subhash Nagar, near Kailash Park, Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. SHYAM LAL, MEMBER.
Present: Sh.A.S.Dabas, Advocate for the complainant.
Shri Ajay Gaur, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that opposite parties advertised and offered allotment of housing board flats to Serving/Ex-defence and para Personal of Haryana on hire purchase basis at Sector-5 & 6 Rohtak. Complainant being ex-servicemen applied for allotment of flats at Rohtak as offered by respondents alongwith 10% registration fee amounting to Rs.188000/-. In draw of lots held on 24.12.2014 complainant was declared successful under provisional registration No.18/RTK05/RTK06/T-A/CBI and final registration no.54. Respondents vide their letter HBH/CRO(PM)/DEFENCE/2015/SPL-4094 dated 09.02.2015 asked the complainant to deposit further 15% cost within 30 days from the date of issue of aforesaid letter and further warned the complainant that if amount is not deposited within stipulated time period the allotment will be cancelled and 10% already deposited amount will be forfeited. Complainant immediately deposited Rs.282000/- towards 15% of cost alongwith all the required documents. The total amount of Rs.470000/- as 25% of cost has been deposited by complainant. Complainant visited so many times to the office of respondents to know the site location and construction progress but till date respondents have failed even to select the site/place where these flats will be constructed. On further enquiry, complainant came to know that construction of flats has been cancelled and respondents/OPs have taken away the whole life hard earned money of the complainant. Complainant requested the opposite parties to refund his deposited amount alongwith interest and also handed over an application as advised by opposite party No.2 for refund of deposited amount alongwith interest. But opposite party No.2 failed to take any action on the request of complainant and complainant also sent a legal notice dated 30.08.2019 to the opposite parties and in reply to the same, it was informed that due to large number of surrender/refund applications and financial position of the Housing Board a unified seniority list of all the applicants who applied for refund has been prepared and further confirmed that complainant has not submitted any request regarding refund in this office whereas the complainant has already applied for refund through opposite party No.2. As such, there is deficiency in service on the part of opposite parties. It is also submitted by the complainant that he is a handicap person and his condition is serious and need the amount for his medical treatment immediately. But despite his repeated requests, no amount has been refunded to the complainant till date. Hence this complaint and it is prayed that opposite parties may kindly be directed to make the payment of Rs.4,70,000/- alongwith interest at the rate of 24% from the date of deposit to till the date of final payment and also to pay an amount of Rs.100000/- on account of harassment as well as Rs.21,000/- on account of litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite parties in their reply has submitted that the complainant has never approached the opposite party for refund of amount. It is also submitted that in the case the complainant was not interested in the allotment of flat, he was required to file an application for refund of the amount deposited by him and the amount would be refunded, subject to the provision of Haryana Housing Board (Allotment Management and Sale of Tenement) Regulations, 1972. It is also submitted that Housing Board Haryana invites applications for allotment of flats and depending upon the number of applicants, who remain successful in the draw of lots, the tenders for construction of flats are floated and allotted and thereafter, construction of flats is started and possession of flats is given by holding second draw called the draw of flat numbers. In this case the construction of flats has been delayed as the land for this project was to be made available by HSVP(i.e. HUDA) however since some portion of the land is under litigation, therefore, possession of clear land has not been handed over to Housing Board Haryana as yet. It is also submitted that Housing Board Haryana provides affordable Housing to Urban Poor. Initially the applicants deposit merely 10% of the tentative costs then they deposit 15% amount after being declared successful in the first draw of lots, thereafter, further demand is raised only at the time of allotment of flat. Hence, basically the respondent Board takes only 25% amount and invests the rest of the amount from its own resources and completes the construction of flats and thereafter the flats are allotted and then the allottees are given the facility of paying the balance amount in the form of E.M.Is. In the recent years due to slump in the Real Estate Market many applicants have withdrawn from the scheme midway, resultantly Housing Board Haryana is left with more than 7000 unsold housing units and at the same time it has put immense strain on the financial position of Housing Board as it has already invested 75% of the amount in these Houses from its own resources. Therefore, it does not have the finances to refund the amount to all the applicants and hence a seniority list of all the refund applications has been prepared, which is also available on the site of Housing Board Haryana and the refunds are being made as per said seniority list. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with cost qua the opposite parties no.1 and 2.
3. Ld. Counsel for the complainant in his evidence has tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and closed his evidence on dated 10.12.2020. Ld. Counsel for opposite parties failed to conclude their evidence despite availing sufficient opportunities. As such evidence of opposite parties was closed by the order dated 10.11.2021 of this Commission.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case, the contention of the complainant is that the opposite parties allotted a flat to the complainant and after receiving an amount of Rs.470000/-, opposite party failed to construct the flat. As such complainant has sought refund of alleged amount alongwith interest from the opposite parties but the same is not refunded to the complainant till date. On the other hand, opposite parties in their reply has submitted that the construction of flats has been delayed as the land for this project was to be made available by HSVP(i.e. HUDA) however since some portion of the land is under litigation, therefore, possession of clear land has not been handed over to Housing Board Haryana as yet.
6. We have minutely perused the documents placed on record by both the parties. As per the complainant he had paid an amount of Rs.188000/- as registration fee and Rs.282000/- towards 15% of cost in favour of opposite party through bank draft no.006275 dated 02.03.2015. As per Legal notice Ex.C3 complainant requested the opposite parties to refund Rs.470000/- but the opposite party vide their reply has submitted that the complainant has not submitted any request regarding refund in their office. Thereafter complainant sent another request Ex.C6 for refund of alleged amount and submitted that complainant had already deposited refund application in person with Estate Manager Rohtak in the month of June 2019. Complainant has also placed on record copy of NOC issued by Central Bank of India dated 14.02.2015, as per which complainant had availed loan for the Housing Board Flat and had repaid all the loan amount. Meaning thereby complainant has deposited an amount of Rs.470000/- in favour of opposite parties in the year 2015 but the construction work was not completed by the opposite parties. On the other hand, opposite parties had already admitted in their reply that the some portion of the land is under litigation, therefore, possession of clear land has not been handed over to Housing Board Haryana as yet. As such construction of land has been delayed. Till date, neither the flat is constructed nor the amount is refunded to the complainant. As such there is deficiency in service on the part of opposite parties and opposite parties are liable to refund the amount to the complainant. It is also prayed by the complainant that he is a handicap person and is taking treatment since 2013 and to prove the same he has placed on record treatment record Ex.C7(Annexure G1 to Annexure G11) which shows that he is in urgent need of money for his medical treatment.
7. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite parties to refund the amount of Rs.470000/-(Rupees four lac seventy thousand only) alongwith interest @9% p.a. from the date of their respective deposits till its realisation and also pay Rs.10000/-(Rupees ten thousand only) 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:
12.04.2022.
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Nagender Singh Kadian, President
………………………………..
Tripti Pannu, Member.
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Shyam Lal, Member.
