Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 156.
Instituted on : 10.03.2017.
Decided on : 14.09.2018.
Charan Dass s/o Sh. Nauhria Mall R/o House No.131, Amba Niwas, Near Gurudwara, Subhash Nagar, Rohtak at present residing at Houser No.336, Gali No.2, Basant Vihar, Near Sheela Bye-pass, Rohtak.
………..Complainant.
Vs.
- The Chief Administrator, Housing Board Haryana, Plot No.C-15, Awas Bhawan , Sector-6, Panchkula.
- Executive Engineer, Housing Board, Haryana, Kothi No.103, Vikas Nagar, Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
Present: Sh.Mukesh Parmar, Advocate for the complainant.
Sh.Dharmender Kamboj, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant had applied for a flat in Sector-9, Bahadurgarh and has deposited Rs.69000/- with the application No.4875. The said amount was refunded by the respondent being unsuccessful applicant in the draw of lots. That opposite party vide letter dated 16.07.2012 offered the complainant to consider his name in the fresh draw of lots and advised to deposit Rs.69000/- as earnest money. Accordingly the complainant has deposited Rs.69000/- in OBC Main Branch, Rothak on 24.07.2012 which was refunded by the opposite party vide cheque no.001295 received by the complainant on 01.10.2015 without any interest. That as per terms and conditions mentioned in the Form Booklet the opposite party will pay interest on refund amount for the period of delay beyond 6 months. That complainant served a legal notice to the OPs for payment of interest but to no effect. Hence this complaint and the complainant has prayed for directing the OPs to pay Rs.39589/- as interest @ 18% p.a. on the amount of Rs.69000/- from the date of deposit to till payment i.e. from 24.07.2012 to 01.10.2015 besides compensation and cost of litigation as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that procedure of the scheme is as per the policy, date of closing of registration, after six month the date of draw. The interest to be paid @ 5.5 per annum which has already been sent to the complainant vide cheque no.562740 dated 18.02.2016 amounting to Rs.7786/- as per entitlement of complainant vide registered post, but the same was returned back undelivered to the Axis Bank, Panchkula. Respondents again sent fresh cheque vide registered post to the complainant which was received by the complainant and the amount has been debited from the account on 05.05.2017. That complainant has already received the amount of interest, so 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.C9 and closed his evidence. Ld. counsel for the OPs has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R5 and closed his evidence.
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 5.5 % interest has been paid to the complainant on the earnest money of Rs.69000/- whereas the OPs have not placed on record any document to prove that the complainant was entitled for only 5.5% interest. On the other hand, complainant has sought interest @ 18%. In our view, it is suffice to pay 9% interest to the complainant. As the complainant has already received the interest @ 5.5 %. Hence he is entitled for remaining interest of 3.5% p.a.
6. As such it is directed that opposite parties shall pay the remaining interest of 3.5% on the earnest money of Rs.69000/- from the date of deposit of alleged amount till 25.04.2017 and Rs.3000/-(Rupees three thousand only) as litigation expenses to the complainant within 45 days from the date of decision, failing which OPs shall be liable to pay interest @ 12% p.a. from the date of order. Complaint is allowed accordingly.
7. Copy of this order be supplied to both the parties free of costs.
Announced in open court:
14.09.2018.
................................................
Nagender Singh Kadian, President
..........................................
Ved Pal Hooda, Member.
