Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 10.
Instituted on : 07.01.2019.
Decided on : 26.02.2020.
Ramdhan Goyal s/o Late Sh. Manohar Lal, Age 62 years, Caste Baniya R/o H.No.147, Myna, Tehsil and District Rohtak.
………..Complainant.
Vs.
- Estate Manager, Housing Board, Haryana, 122, Subhash Nagar, Rohtak.
- Housing Board Haryana, Awas Bhawan Plot no.C-15, Sector-6, Panchkula-134109.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS.TRIPTI PANNU, MEMBER.
Present: Complainant in person.
Sh.Dharmender Kamboj Advocate for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant has applied for plot no.C-15 through Punjab National Bank, Kath Mandi Rohtak after taking the loan from bank and had deposited the first installment of Rs.44000/- on dated 22.08.2013 to the opposite party. Thereafter an allotment letter dated 01.06.2014 was received by the complainant which was sent to the PNB, Rohtak and a second instalment of Rs.44000/- was demanded from the complainant which was to be paid within 30 days. The complainant sent a demand draft bearing no.291698 dated 07.08.2014 vide branch Sr. No.966213000104, Syndicate bank, Myna amounting to Rs.44000/- in the name of housing board, Chandigarh. . Thereafter he did not receive any letter from the opposite party. So he contacted the office of opposite party and he was told that only one instalment was deposited by the complainant and that either the draft has been lost or has been delivered to the wrong address. Thereafter he contacted the Syndicate Bank Myna as well as Union Bank of India and was told that the alleged DD alleges draft has been cleared on dated 30.08.2014 in the account no.499301010018022 of the Housing Board, Haryana Panchkula. Complainant again contacted the opposite parties for deducting the alleged amount of Rs.44000/- from the due amount but no action was taken by the department. Complainant received a letter dated 16.08.2018 for depositing the amount of Rs.296508/- upto 15.09.2018 including the alleged second instalment and interest. But due to non-deduction of alleged amount of Rs.44000/- from the due amount, complainant was unable to deposit the amount and he had to surrender the flat in peculiar circumstances. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the amount of Rs.88000/- paid on account of installments alongwith interest and compensation on account of mental agony, harassment and financial loss caused to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that as per terms and conditions of the brochure, the complainant had deposited the earnest money of Rs.44000/- alongwith the application form. The complainant was successful in the draw of lots, therefore vide letter dated 01.06.2013 the complaint was directed to deposit another sum of Rs.44000/- towards 10% of the tentative cost after draw of lots within 30 days from the issue of said letter. He failed to deposit the same within the stipulated period. Thereafter on completion of flats, draw of lots of flat was held on 29.05.2018 and he was allotted flat no.A-136/GF in Housing Board Colony, Sector-34, Rohtak. He was asked to deposit an allotment money of Rs.296508/- vide letter dated 16.08.2018 and to take possession of the flat within 30 days from the issue of said letter. But he has intimated to the Head office at Panchkula that he had already deposited the amount of Rs.44000/- in PNB Rohtak vide DD No.291698 dated 07.08.2014. The said amount was credited to his account and accordingly he was asked to deposit a sum of Rs.217538/-. But instead of depositing the allotment money, the complainant decided to surrender the flat to the Board vide his application dated 13.09.2018. The surrender request was accepted and his name has been included in the seniority list of refund at sr. no.8624. The amount would be refunded to him as per the Housing Board regulations which were mentioned in the allotment letter and Housing Board Haryana Regulations, 1972, as per which it is submitted that: “In case of surrender of flats, 50% of the amount deposited with the application at the time of registration shall be forfeited to the Board and balance would be refunded to him without interest”. As such the amount of Rs.88000/- will be refunded after deducting 50% amount of registration money deposited with the application form as per policy of the Board. All the other contents of the complaint were stated to be wrong and denied. Opposite party prayed for dismissal of complain with costs.
4. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C10 and closed his evidence on 13.06.2019. Ld. counsel for the opposite party has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R4 and has closed his evidence on 13.09.2019.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. After going through the file and hearing the parties it is observed that the complainant had deposited an amount of Rs.44000/- as registration money which is not denied by the opposite parties. Thereafter, opposite party demanded Rs.44000/- vide its letter Ex.C8 dated 01.06.2014 as second instalment which was deposited by the complainant on 07.08.2014 in favour of the opposite party No.2 vide DD No.291698 placed on record as Ex.C7 but the same was not credited to the account of complainant and the opposite party demanded the whole amount vide its demand letter Ex.C2 whereby only one instalment was shown as paid by the complainant and the second instalment was not shown. Complainant requested the opposite parties to deduct the amount of Rs.44000/- from the alleged demand but the same was not deducted and the opposite parties stated that the alleged amount was not received by the department. Due to which, the complainant had surrendered his flat on dated 12.09.2018. However, opposite party vide its letter Ex.C1 dated 11.09.2018 has admitted the fact that the complainant had deposited Rs.44000/- on account of 10% amount vide DD No.291698 dated 07.08.2014 vide receipt no.457071 dated 22.08.2014. Hence there is deficiency in service on the part of opposite parties, due to which, the complainant had to surrender his flat and as such opposite parties are liable to pay the whole amount without deducting any amount to the complainant.
7. In view of the facts and circumstances of the case, complaint is allowed and opposite parties are directed to refund the amount of Rs.88000/-(Rupees eighty eight thousand only) alongwith interest @ 9% p.a. from the date of their respective deposits till its realization and shall also pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and litigation expenses in favour of the complainant.
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:
26.02.2020.
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Nagender Singh Kadian, President
………………………………….
Renu Chaudhary, Member.
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Tripti Pannu, Member.
