Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 272.
Instituted on : 13.06.2018.
Decided on : 02.03.2022.
Inder Singh son of Mam Chand(since deceased) through his LRs.:-
(1) Shashi Bhushan-son of Late Inder Singh, resident of VPO Ghilor Kalan, Distt. Rohtak.
.......................Complainant.
Vs.
- Estate Manager, Housing Board, Haryana, Sector-4, Rohtak through its Estate Manager, Sonipat Road, Rohtak.
- The Secretary, Housing Board Haryana, C-15, Awas Bhawan, Sector-6, Panchkula(Haryana) 134109.
……….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: Shri Pardeep Singhmar, Advocate for the complainant.
Shri Ajay Gaur, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
Brief facts of the case are that the complainant was declared successful in the draw of allotment of lot under Serving/Ex-defence and para Personal of Haryana at Sector-5 & 6 Rohtak vide provisional Regd. no.500/RTK05/T-A/PNB final regd. no.26 held on 29.12.2014 for the allotment of flat (subject to eligibility) at Sector-5, Rohtak. Firstly the complainant has applied for flat to opposite party through PNB, Branch Jhajjar Road, Rohtak and paid Rs.1,88,000/- and 2nd installment was paid Rs.2,82,000/- by HDFC Bank. The opposite party declared result about the flat and after that the opposite party failed to construct the flat. After waiting for a long period, complainant had sent legal notice dated 11.1.2018 to the opposite party by registered post through his counsel and demanded Rs.4,70,000/- with interest at the rate of 12% p.a. from the date of application but the opposite party could reply to the complainant. The complainant requested the opposite party many times to refund the amount in question but all in vain. As such, there is deficiency in service on the part of opposite parties. 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 18% from the date of application to till the date of payment and also to pay an amount of Rs.50,000/- on account of harassment as well as Rs.22,000/- 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.I.C. 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.PW1/A, documents Ex.P1 to Ex.P9 and closed his evidence on dated 25.1.2019. Ld. Counsel for opposite parties has tendered affidavit Ex.R1 and closed his evidence on dated 27.9.2019.
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 copy of DD Ex.P5 dated 09.03.2015, complainant has paid an amount of Rs.282000/- in favour of opposite party. As per Ex.P7, a loan amount of Rs.188000/- has been sanctioned by the Punjab National bank in the name of complainant for Housing Board Haryana and as per statement of account Ex.P6, the same amount has been debited from his account and paid to the opposite party on 06.01.2015. Meaning thereby complainant has deposited an amount of Rs.470000/- in favour of opposite parties in the year 2015 but the construction has not been done 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.
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 shall 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:
02.03.2022.
................................................
Nagender Singh Kadian, President
………………………………..
Tripti Pannu, Member.
………………………………..
Shyam Lal, Member.
