Haryana

Kaithal

300/20

Krisha Lal - Complainant(s)

Versus

Housing Board Haryana - Opp.Party(s)

In Person

06 Jun 2023

ORDER

                         

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

                                                     Complaint Case No.300 of 2020.

                                                     Date of institution: 18.09.2020.

                                                     Date of decision:06.06.2023.

Krishan Lal son of Ram Pal Sharma aged 42 years, resident of Village Badhnara, Tehsil Pundri, District Kaithal.

                                                                        …Complainant.

                        Versus

1. Housing Board, Haryana office of Estate Manager, House No.743A, HBC, Sector-4, Karnal through its Estate Manager.
2. Housing Board, Haryana, Plot No.C-15 Awas Bhawan, Sector-6, Panchkula through its authorized signatory.

 

….OPs.

        Complaint under Section 35 of the Consumer Protection Act, 2019.

CORAM:     SMT. NEELAM KASHYAP, PRESIDENT.

                SMT. SUMAN RANA, MEMBER.

                SH. SUNIL MOHAN TRIKHA, MEMBER.

       

Present:     Sh. Som Dutt, brother of complainant in person.   

                Sh. Ramesh Gupta, Advocate for the OPs.

               

ORDER

NEELAM KASHYAP, PRESIDENT

        Krishan Lal-Complainant has filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the OPs.

                In nutshell, the facts of present case are that the complainant had applied for flat under BPL category with the respondent No.1 alongwith amount of Rs.47,500/- and the complainant was allotted flat bearing No.95 SF in Sector-45, Karnal on 12.03.2018 vide registration No.14.  It is further alleged that the respondent No.1 issued a letter bearing No.1668 dt. 21.03.2018 to deposit an amount of Rs.47,500/- within 30 days and again, the complainant had deposited second installment of Rs.47,500/- within 30 days from the receipt of this letter.  The OPs handed over the possession of the flat to the complainant but the flat was not according to the advertisement of the OPs.  Thereafter, the complainant moved an application before the respondent No.2 and on the application of complainant, the flat of complainant was cancelled vide letter No.HBH/CRO (PM) 2019/2200 dt. 03.05.2019 with the condition to refund the deposited amount.  The complainant visited pillar to post for the refund of the deposited amount but the OPs did not refund the amount of Rs.95,000/- to the complainant.  So, it is a clear cut case of deficiency in service on the part of OPs and prayed for acceptance of complaint.     

2.            Upon notice, the OPs appeared before this Commission and contested the complaint by filing their written statement raising preliminary objections that the complainant on 30.01.2018, vide application No.5014 applied for registration of EWS Flat at Karnal being BPL applicant and alongwith application, he made payment of Rs.47,500/.  In draw, the complainant was allotted flat No.95-SF by the Draw Committee; that the complainant vide application dt. 17.04.2018, made a request to allot another flat at ground floor on the ground of illness of his mother from Asthama and knee pain and to correct the name of his father; that the complainant again vide application dt. 25.06.2018, applied for correction of his father name and the authority made the correction of father name of the complainant on 27.07.2018.  It is further stated that vide letter No.7800 dt. 26.12.2018, the complainant was requested to deposit the amount of Rs.2,30,851/- and to take possession of the flat within 30 days from the date of letter.  When the complainant neither made deposit nor took the possession of allotted flat, the Ops issued a show cause notice for cancellation of flat bearing memo No.HBH/EM/2018/680 dt. 23.02.2019 and vide this notice, the complainant was called upon to attend personally or through a duly authorized agent on 10.03.2019.  When the complainant did not come present on given date, then his flat was cancelled vide memo No.HBH/CRO (PM)/2019/2200 dt. 03.05.2019 and he was duly informed that the amount deposited by him will be refunded to him after forfeiting 50% amount of earnest money (the amount deposited with application of registration) as per terms and conditions of the allotment letter.  On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.

3.             To prove his case, the complainant tendered into evidence affidavit Ex.CW1/A alongwith document Anneuxre-C1 and thereafter, closed the evidence.

4.             On the other hand, the OPs tendered into evidence affidavit Ex.RW1/A alongwith documents Annexure-R1 to Annexure-R8 and thereafter, closed the evidence.

5.             We have heard both the parties and perused the record carefully.

6.             The brother of complainant has argued that the complainant had applied for flat under BPL category with the respondent No.1 alongwith amount of Rs.47,500/- and the complainant was allotted flat bearing No.95 SF in Sector-45, Karnal on 12.03.2018 vide registration No.14.  It is further argued that the respondent No.1 issued a letter bearing No.1668 dt. 21.03.2018 to deposit an amount of Rs.47,500/- within 30 days and again, the complainant had deposited second installment of Rs.47,500/- within 30 days from the receipt of this letter.  The OPs handed over the possession of the flat to the complainant but the flat was not according to the advertisement of the OPs.  Thereafter, the complainant moved an application before the respondent No.2 and on the application of complainant, the flat of complainant was cancelled vide letter No.HBH/CRO (PM) 2019/2200 dt. 03.05.2019 with the condition to refund the deposited amount.  The complainant visited pillar to post for the refund of the deposited amount but the OPs did not refund the amount of Rs.95,000/- to the complainant.

7.             Ld. counsel for the OPs has argued that the complainant on 30.01.2018, vide application No.5014 applied for registration of EWS Flat at Karnal being BPL applicant and alongwith application, he made payment of Rs.47,500/.  In draw, the complainant was allotted flat No.95-SF by the Draw Committee and the complainant vide application dt. 17.04.2018, made a request to allot another flat at ground floor on the ground of illness of his mother from Asthama and knee pain and to correct the name of his father.  It is further argued that vide letter No.7800 dt. 26.12.2018, the complainant was requested to deposit the amount of Rs.2,30,851/- and to take possession of the flat within 30 days from the date of letter.  When the complainant neither made deposit nor took the possession of allotted flat, the Ops issued a show cause notice for cancellation of flat bearing memo No.HBH/EM/2018/680 dt. 23.02.2019 and vide this notice, the complainant was called upon to attend personally or through a duly authorized agent on 10.03.2019.  When the complainant did not come present on given date, then his flat was cancelled vide memo No.HBH/CRO (PM)/2019/2200 dt. 03.05.2019 and he was duly informed that the amount deposited by him will be refunded to him after forfeiting 50% amount of earnest money (the amount deposited with application of registration) as per terms and conditions of the allotment letter.  

8.             We have considered the rival contentions of both the parties.  During the course of arguments, ld. counsel for the OPs has drawn our attention towards Clause-13 dt. 11.04.2000-Consequence on failure of allottee to take possession of the rules of Housing Board, Haryana vide notification dt. 22.11.1972, which is Mark-A on the file, the Clause-13 is mentioned as under:-

        ”Where any applicant is allotted a tenement under those regulations but he fails to take possession of the same within a period of 30 days from the date of receipt of the allotment letter issued to him or surrenders the same at any time, his name shall be removed from the allotment register and 50% of the amount deposited with the application at the time of registration shall be forfeited to the Board and balance refunded to him without interest.”

9.             It is clear from the Annexure-C1 that the complainant deposited the amount of Rs.47,500/- at the time of registration of flat and thereafter, the amount of Rs.47,500/- was deposited after draw of lots and in this way, the complainant deposited the total amount of Rs.95,000/-.  As per above-mentioned notification Mark-A, the OPs are entitled for forfeiting 50% amount of earnest money (the amount deposited with application of registration) i.e. Rs.47,500/- which becomes Rs.23,750/-.  So, the OPs are directed to refund the balance amount of Rs.71,250/- (Rs.95,000/- minus Rs.23,750/- as per notification mentioned above) within 45 days from today.  However, it is made clear that if the OPs are failed to pay the aforesaid amount of Rs.71,250/- within stipulated period, then they shall be liable to pay interest @ 7% p.a. from the date of this order till its realization.  The OPs are further directed to pay the amount of Rs.5,000/- as lump sum compensation on account of physical harassment, mental agony including the litigation charges.  Hence, the present complaint is accepted accordingly.     

10.            In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both.  A copy of this order be sent to both the parties free of cost.  File be consigned to the record room after due compliance.     

Announced in open court:

Dt.: 06.06.2023.

   

                                                               

                                                                (Neelam Kashyap)

                                                                President.

(Sunil Mohan Trikha),           (Suman Rana),          

Member.                            Member.

 

Typed by: Sanjay Kumar, S.G.