Haryana

Karnal

CC/45/2018

Beer Singh - Complainant(s)

Versus

Housing Board Haryana - Opp.Party(s)

Rakesh Bangia

14 Mar 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.45 of 2018

                                                         Date of instt. 23.02.2018

                                                         Date of decision:14.03.2018

 

Beer Singh son of Shri Raj Kumar resident of house no.44-A, Mishran Mohalla, Taraori, District Karnal.

                                                                                                                                                                        …….Complainant.

                                        Versus

 

1. Housing Board Haryana plot no.C-15, Awas Bhawan, Sector-6, Panchkula through its Chief Revenue Officer (PM) for Chief Administrator.

2. Housing Board Haryana, H.B.C.Sector 4, Transport Nagar, Karnal through its Branch Manager.

 

                                                                     …..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act.    

 

Before   Shri Jagmal Singh……President.

              Ms Veena Rani…..Member

              Shri Anil Sharma……Member

 

Present  Shri Rakesh Bangia Advocate for complainant.

 

ORDER:                    

 

                         This complaint has been filed by the complainants u/s 12 of the Consumer Protection Act 1986 on the averments that complainant applied for a flat with the OPs under EWS flat for BPL family at Taraori, District Karnal and he declared successful in the draw of lots on 14.8.2014 under Provn. Regn. No.TRR/BPL/CBI/94, Final Regn. No.71 vide letter bearing memo no.HBH/CRO (PM) 2014 dated 20.11.2014. After the allotment of the flat, complainant deposited the amount of Rs.750/- vide DD no.775194 dated 22.1.2015 and Rs.46,000/- vide DD no.032121 dated 17.1.2015 to the OPs in the shape of installments. After that no further installments were deposited by the complainant due to untimely death of his father. The complainant made an application to the OPs on 8.6.2017 for the cancellation of allotment of the abovesaid flat and also requested to refund the amount deposited by him. Thereafter, complainant made several requests to the OPs for the refund of the abovesaid amount, but OPs did not pay any heed to his request and lingered the matter on one pretext or the other. Then, complainant severed a legal notice dated 29.12.2017 upon the OPs in that regard but in vain. In this way there was deficiency in service on the part of the OPs. Hence complainant filed the present complaint.

2.             From the complaint of the complainant it is clear that the complainant had applied for a flat with the OPs under EWS for BPL family at Taraori, District Karnal and the draw was held on 14.8.2014 in which the complainant was declared successful. The complainant deposited the amount of Rs.750/- on 22.01.2015 and Rs.46000/- on 17.01.2015. Thereafter, the complainant has not deposited any installments and the fact is admitted by the complainant in his complaint. The complainant sought the relief for the refund of abovesaid amount of Rs.46750/-. According to provisions of section 24(A) “The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within 2 years from the date on which the cause of action has arisen.”  The present complaint before this Forum has not been filed within two years. The complainant has filed the present complaint on 23.2.2018 i.e. after more than three years from the last date of payment i.e. 22.01.2015. Therefore, the present complaint is barred by the law of limitation Moreover, the complainant has not filed any application for condonation of delay alongwith complaint. Hence the present complaint is not eligible for admission and the same is hereby dismissed at the stage of admission.

3.             Thus, as a sequel of above discussion, we dismiss the present complaint being barred by limitation. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 14.03.2018

                                                                       

                                                                    President

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

 

                     (Veena Rani)         (Anil Sharma)     

                        Member                  Member