Haryana

Charkhi Dadri

CC/153/2023

Karamvir - Complainant(s)

Versus

Housing Board Haryana - Opp.Party(s)

Sh. Ravinder Yadav

11 Dec 2023

ORDER

                   Karamvir Vs. Housing Board     CC- 153/2023

Present-      Sh.  Ravinder Yadav, Adv. for complainant.

                        Heard on the point of maintainability of the present complaint and perused that the documents attached with the complaint.

                   Housing Board Haryana had offered multi storeyed flats for Serving /Ex-defence and Para- Military Personnel of Haryana up to the rank of JCOs and equivalent and their widows and orphans on Hire Purchase Basis at the following stations:- Faridabad, Gurgaon, Mahendergarh, Jhajjar, Panchkula, Pinjore, Palwal, Rewari, Sampla, Rohtak, Bawanikhera. Mr. Karamvir S/o Shri Randhir Singh, the complainant had applied with registration fee  of Rs. 1,69,000/- financed by Union Bank of India, Charkhi Dadri Flat type A at Sampla under Ex-defence quota. He was declared successful and allotment letter dated 06.02.2015 was issued by Housing Board, Haryana to him. He was requested to deposit Rs. 2,54,000/- (15% of advertised cost) within 30 days. Reportedly, the said amount of Rs. 2,54,000/- was paid by the complainant vide DD no.408291 dt. 04.03.2015. Consequently, total amount paid by the complainant was Rs. 4,23,000/-. Subsequently, Housing Board Haryana vide letter Memo no. HBH/CRO(PM)/2018/658 dated 08.02.2018 informed that due to technical reason the flat could not be constructed at Sampla. To avoid further delay in construction / allotment of flats as the registered successful applicants of Sampla, it has been decided to seek your consent for allotment of flats at Jhajjar instead of Sampla. You are requested to give your consent within 30 days from the date of issue of this letter to accept flats at Jhajjar, which are being constructed under the same scheme. The complainant had given his consent vide letter dt. 22.02.2018. Thereafter there is no correspondence between Housing Board Haryana and the complainant. Hence, the complaint is time barred. However, after lapse of considerable time gap of more than 5 years, the complainant had asked for information about the flat under RTI Act  vide his letter dated 12.05.2023. Thereafter, the complainant had raised grievance on CM window. Both these communications by the complainant do not constitute evidence for determining date for cause of action for filing complaint as the same too were done after more than 5 years from the last communication with HBH. The complainant has neither prayed nor filed any application for condonation of delay.

                   We have observed that the present complaint has been filed by the complainant before this Commission on 22.11.2023. Section 69 (Limitation Period) of The Consumer Protection Act, 2019 provides limitation period of two years for filing complainant under the Act.  The said Section of The Consumer Protection Act is reproduced below:

 “(1) The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.

 (2)  Notwithstanding any contained in sub-section (1), a complainant may be entertained after the period specified in sub-section (1), if the complainant satisfied the District Commission, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:

          PROVIDED that no such complaint shall be entertained unless the District Commission or the State Commission or the National Commission as the case may be, records its reasons for condoning such delay.”

 Further, the complainant could not satisfy this Commission that he had sufficient cause for not filing the complaint within limitation period. We have observed that in the present case, the complainant has been failed to bring on record any such document to show that any cause of action has arisen within two years before filing the present complaint by the complainant on 22.11.2023. Therefore, we hereby dismiss the present complaint of complainant being not maintainable under Section 69 of the Consumer Protection Act, 2019.

                   File be consigned to the record-room, after due compliance.

Dated:11.12.2023