Haryana

Panchkula

CC/55/2017

BHARAM SINGH - Complainant(s)

Versus

HOUSING BOARD HARYANA - Opp.Party(s)

NARESH TUNDWAL

20 Sep 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.

                                                                  

Consumer Complaint No	:	55 of 2017
Date of Institution	:	14.03.2017
Date of Decision	:	20.09.2017

 

Braham Singh, aged 33 years, son of Late Shri Bhoop Singh, resident of House No. 963/34, Vijay Nagar, Rohtak.

 

                                                                                        ….Complainant

Versus

 

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

2.       Estate Manager, Housing Board Haryana, Plot No. C-15, Awas Bhawan, Sector 6, Panchkula.

3.       Andhra Bank, HUDA Complex, Rohtak, through its Branch Manager.

                                                                                        ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:                 Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

Mr.Jagmohan Singh, Member.

 

For the Parties:     Mr.Naresh Tundwal, Adv., for the complainant.

                             Mr. Sikander Bakshi, Adv., for the Ops No. 1and 2.

Op No.3 already ex-parte.

ORDER

(Dharam Pal, President)

 

1. The complainant has filed this complaint against the Ops with the averments that the Ops no. 1 and 2 had flouted a scheme for the allotment of 9827 residential flats for Economical Weaker Section of Haryana in Various Cities/Places and the complainant belonging to EWS Category of Haryana and fulfilling the eligibility for the allotment of the flat under the said scheme and he had purchased Form from the Op no. 3 by paying an amount of Rs. 150/-, as the OP no. 3 was authorized by the Ops no. 1 and 2 to sell and receive application from the interested candidates on behalf of the Ops no. 1 and 2. The complainant deposited the application Form No.01501 alongwith requisite documents with the Op No. 3 and had also deposited an amount of Rs. 1,09,000/- on dated 16.01.2015. The acknowledgment to this effect was issued by OP No. 3. The Op No. 3 while receiving the application assured the complainant that registration number of the application of the complainant would be sent by the Ops no. 1 and 2 to the complainant before the draw of lots. Thereafter, complainant kept on waiting but no registration number was issued by the Ops no. 1 and 2 to the complainant. The complainant came to know that draw of lots was conducted by the Ops no. 1 and 2 in the year 2017 but no intimation with regard to draw of lots or registration number was given to the complainant. The complainant checked the list of the successful applicants/candidates and found that his name does not figure in the list and he visited the Ops no. 1 and 2 for getting the refund of the amount deposited by him with the Ops. The complainant contacted the Ops no. 1 and 2 and the officials of the Ops no. 1 and 2 disclosed that his name has not been mentioned in the list of applicants for the allotment of flat at Karnal and also his name has not been included in the draw of lots of the said area. The complainant submitted to the Ops no. 1 and 2 that he had completed all the formalities and submitted the requisite documents showing his entitlement for the allotment of flat under the scheme. But the officials did not pay any heed to the request of the complainant. The complainant requested to refund the amount of Rs. 1,09,000/- deposited by the complainant with the Ops alongwith interest as the amount of Rs. 1,09,000/- deposited by the complainant was retained by the Ops from 16.01.2015 till today and even his name has not been included in the draw of lots. But to the utter surprise and dismay of the complainant when the officials of the Ops refused to refund the amount on the pretext that they have not received any amount from the complainant and approach the Bank concerned i.e Op No. 3 with which the complainant had deposited the amount. The complainant visited the OP no. 3 and requested to refund the amount of Rs. 1,09,000/- deposited by the complainant, but the official of the OP no. 3 also showed their inability on the pretext that they have only received the amount and form only on behalf of the Ops no. 1 and 2 and the amount alongwith the requisite documents was transferred by them to the Ops no. 1 and 2 and the amount is to be refunded by the Ops no. 1 and 2. The complainant visited the Ops on numerous occasion for getting the amount but the Ops have retained the amount till date. This act of the opposite parties amounts to deficiency in service on their part. Hence, this complaint.
2. The Ops no. 1 and 2 appeared before this Forum and filed written statement by taking some preliminary objections and submitted that the complainant was informed by the Ops no. 1 and 2 that as per record received from controlling Branch of Andhra Bank, the application bearing No. 01501 of the complainant was not received in bank. As per the report of the bank, only six applications were received by the bank which did not include the application of the complainant. The Ops no. 1 and 2 submitted that the complainant moved an application under RTI for obtaining the information with regard to allotment of 9837 residential flats for EWS category seeking information regarding his serial number/registration number in the list of candidates for the allotment of flat and date and dairy number of the receipt of his form no. 01501 in the office of the Ops no. 1 and 2 from OP no. 3. It is submitted that the answering Ops no. 1 and 2 have published notice on the website and news paper informing the draw of lots of successful applicants for final registration number would be held on 30.09.2016. It is submitted that the detail of all the registered applicants was uploaded on the website of Op no. 1 and public notice was given to all the concerned for checking the details on the website of the Board and objection/discrepancies, if any, in the given details may be submitted in writing to the Secretary, Housing Board Haryana, Panchkula upto 26.09.2016 and thereafter Housing Board Haryana would not be responsible for any error/omission. It is submitted that in the said notice, it was mentioned that no objection would be entertained after 26.09.2016.  It is submitted that the Ops have never received any amount from the complainant. It is submitted that the Ops no. 1 and 2 had floated the scheme for the allotment of residential flats for Economic Weaker Section of Haryana in various cities/places. It is submitted that the answering Op no. 1 and 2 authorized OP no. 3 to sell and receive the application form from the interested candidates. It is submitted that no application or amount of the complainant was ever received by the answering Ops no. 1 and 2. Thus there is no deficiency in service on the part of Op No.2 and prayed for dismissal of complaint.
3. Notice was issued to the Op No.3 through registered post but none has appeared on behalf of the Op No.3. It is deemed to be served and the Op No.3 was proceeded against ex-parte vide order dated 25.04.2017.
4. The complainant has tendered the evidence by way of affidavits Annexure C-A alongwith documents Annexure C-1 to C-7 and closed the evidence. On the other hand, counsel for the Ops no. 1 and 2 has tendered the evidence by way of affidavit Annexure RW1/A alongwith documents Annexure R1/1 to R1/6 and closed the evidence.
5. We have heard learned counsel for the complainant as well as learned counsel for the OPs and have also perused the record.
6. Admittedly, the Op Nos.1 and 2 invited the applications from 22.12.2014 to 21.01.2015 for registration of eligible household belonging to Economical Weaker Section (EWS) for allotment of four stories on higher purchase basis. The application form duly filled in should be submitted alongwith requisite amount to the authorized branch of the Bank only. The Op No.3 is one of the authorized bank to receive the applications and amount for the allotment of the abovesaid flats. The Op No.3 received the amount of Rs.1,09,000/- from the complainant alongwith form No.01501 on 16.01.2015 (Annexure C-2) and the acknowledgement was issued on the same day acknowledging the receipt of amount i.e. Rs.1,09,000/- alongwith form No.01501 (Annexure C-4) for registration of EWS flat at Karnal, Sector 9/32 (Annexure C-3). It is also admitted that the name of the complainant was not figured in the eligible candidates for the allotment of EWS flat in Karnal and anywhere in other cities mentioned in the advertisement. The complainant enquired from the Op Nos. 1 and 2 and it was informed to him by the Op Nos. 1 and 2 that they have not received the application form and amount deposited by him with the Op No.3.
7. Moreover, the Op No.3 did not appear to contest the claim of the complainant and preferred to proceed against ex-parte, which draws an adverse inference against it. The non-appearance of the Op No.3 despite notices show that it has nothing to say in its defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted.
8. From the above, it is clear that the Op No.3 did not forward the application form alongwith the amount to the Op Nos.1 and 2 for the allotment of EWS flat to the complainant and the Op Nos.1 and 2 has rightly not included the name of the complainant in the list of eligible candidates in the draw of lots of the flat. Hence, the Op No.3 is clearly in deficiency in service in not forwarding the application form alongwith the requisite amount deposited by the complainant with the form vide Annexure C-2, C-3 and C-4 to the Ops No.1 and 2. Due to non-forwarding the application form and amount deposited by the complainant, the chance to participate in draw of lots for the allotment of flat was lost. In view of the above, there is no deficiency in service has been attributed against the Op Nos.1 and 2. Hence, the complaint qua Op Nos.1 and 2 is dismissed. The complaint deserves to be allowed against the OP No.3 and the same is allowed accordingly against the Op No.3. The Op No.3 is directed as under:-

(i)      To refund the amount of Rs.1,09,000/- to the complainant alongwith interest @ 9% per annum from the date of deposit till realization.

(ii)     To pay Rs.50,000/- as compensation for mental agony and physical harassment.

(iii)    To pay Rs.5,000/- as cost of litigation.

 

9. Let the order be complied with within the period of 30 days from the receipt of certified copy of this order. A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

 

Announced

20.09.2017 JAGMOHAN SINGH     ANITA KAPOOR     DHARAM PAL

                     MEMBER                    MEMBER               PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

 

                                          

                                                         DHARAM PAL

                                                          PRESIDENT