Haryana

Panchkula

CC/32/2022

SHAMSHER SINGH. - Complainant(s)

Versus

HOUSING BOARD HARYANA - Opp.Party(s)

MADAN PAL & MOHINDER SINGH

09 Sep 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

                                                       

 

Consumer Complaint No	:	32 of 2022
Date of Institution	:	01.02.2022
Date of Decision	:	09.09.2022

 

 

Shamsher Singh son of Shri Hukam Singh resident of House No.1406, Sector-39-B, Chandigarh.

                                                                           ….Complainant

Versus

1.     Housing Board Haryana, Plot No.C-15, Awas Bhawan, Sector-6, Panchkula through its Chief Administrator.

2.     Estate Manager, Housing Board Haryana, Plot No.C-15, Awas     Bhawan, Sector-6, Panchkula.                                                                                                                                                                                                                                            ….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

 

Before:              Sh.Satpal, President.

                        Dr.Pawan Kumar Saini, Member

Dr.Sushma Garg, Member

 

 

For the Parties:   Sh. Madan Lal, Advocate for the complainant.

                        OPs No.1 & 2 already struck off vide order dated 09.05.2022.

                       

ORDER

(Dr.Pawan Kumar Saini, Member)

1.             The brief facts of the present complaint are that the Ops issued a notice for E-Auction of residential properties of various district including Panchkula for allotment of flat. Further, it was also requested to register and deposit the amount of EMD by due date of participate in e-auction. The amount of EMD can be deposited by generating Challan through RTGS/NEFT before 48 hours from scheduled date & time of e-auction. The complainant deposited of Rs.3,50,000/- on 14.10.2021  and being eligible participated in the e-auction no.656, item code no.16385, conducted on 21.10.2021 for the allotment of house/flat no.79-C, Category III, Group-6, in Sector-14, Panchkula, the auction process started at 10:30 A.M. but due to computer networking fault/ fluctuation in display and technical fault and thus, the complainant could not participate in the bidding process properly. After facing this technical problem, complainant tried to leave auction but he could not do the same and the complainant found himself highest bidder in the above said auction. Due to facing the technical problem, the complainant sent e-mail to the office of Ops on the same day i.e. 21.10.2021. The complainant has submitted his representation to the office of Ops on 26.10.2021, 18.11.2021 and 23.11.2021 for removal his grievance but neither Ops has taken any action on his request nor refund the money deposited by him. The Ops has not taken any appropriate action on the complainant but issued LOI dated 24.11.2021 and demanded the remaining amount. Further, the Ops issued a letter dated 18.01.2022 which the complainant granted the personal hearing on 20.01.2022 in the office of OPs but the Ops flatly refused the request of the complainant.  Due to the act and conduct of the OPs, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.             Upon notice, the OPs have appeared through their counsel/ Advocate to contest the present complaint; but they did not file the written statement despite availing several opportunities including the last opportunity. Therefore, the defence of OPs were struck off by this Commission, vide its order dated 09.05.2022. 

               

3.             To prove the case, the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-9 in evidence and closed the evidence by making a separate statement.

4.             We have heard the complainant and gone through the entire record available on file, minutely and carefully.

5.             Admittedly, the complainant has participated in the e-auction on 21.10.2021 conducted by OPs in response to public notice (Annexure C-1) for the allotment of the flat in Sector-14, Panchkula. The payment of sum of Rs.3,50,015/-by the complainant on 14.10.2021 vide receipt (Annexure C-2) to the OPs is  not disputed. As per version of the complainant, the bid process started at 10:30A.M. but at about 11:00 A.M. a technical snag developed in the computer networking thereby causing fluctuation in the display qua the amount of the bid and according to the complainant, he left the bid process in between due to technical fault in the networking and accordingly sent an email to OPs on the same date apprising the OPs about the issue of technical fault in the networking.

                During arguments, the complainant reiterating the averments made in the complaint has contended that the OPs were deficient while rendering services to the complainant as his request for cancellation of the bid was declined without any valid and justifiable reasons. In the present complaint, the complainant has claimed that the complaint be accepted by setting aside the order dated 31.01.2022 (Annexure C-8) by refunding the earnest money amounting to Rs.3,50,000/-alongwith interest. Further, compensation on account of mental agony, harassment and litigation charges has also been claimed.

6.             On the other hand, the OPs have preferred not to contest the present complaint by filing the written statement and accordingly, their defence was struck off vide order dated 09.05.2022.

7.             As per unrebutted assertions of the complainant, a technical fault appeared in the networking during the bidding process at about 11:A.M. approximately, due to which he left the biding in between and accordingly informed the OPs vide e-mail dated 21.10.2021(Annexure C-3). Thereafter, the OP No.1 was requested by the complainant vide letter dated 26.10.2021 (Annexure C-4) followed by representation dated 18.11.2021(Annexure C-5), requesting therein to look into the matter and redress his grievances. However, the OPs without hearing the complainant issued a letter of intent on 24.11.2021, wherein the flat no.79-C, Type III Area “Group-6 70.45” in Sector-14 Housing Board Colony at Panchkula was allotted to the complainant being highest bidder. The said letter of intent allotting the said flat in favour of the complainant has been found suffering from several legal flaws. First of all, the offer made, if any, by the complainant qua the allotment of said flat was withdrawn by him vide email dated 21.10.2021(Annexure C-3), letter dated 26.10.2021 (Annexure C-4) followed by representation dated 18.11.2021 (Annexure C-5) i.e. much prior to the issuance of letter of intents on 24.11.2021 wherein the said flat was allotted to him. As per Section 5 of the Indian Contract Act an offer may be revoked/ withdrawn at any time before the communication of its acceptance is complete as against the proposal but not afterwards. Therefore, a legal enforceable contract between the parties never comes into existence. Secondly, there is no denial on the part of the OPs about the consistent, specific and categorical assertions made by the complainant that there occurred technical fault during the bidding process causing disruption in the display of the bids. Moreover, the representation of the complainant as rejected by OPs vide letter dated 31.01.2022 is silent about the technical fault which occurred during the bidding process. Lastly, no list of persons, who participated in the bid with the respective bid amount has been made available on record. Therefore, we have no hesitation to conclude that there has been lapse and deficiency on the part of OPs No.1 & 2 while delivering the services to the complainant; hence, the complainant is entitled to relief.

8.             As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OPs No.1 & 2:-

1. To pay a sum of Rs.3,50,000/- to the complainant, along with interest @ 9% per annum w.e.f. the date of deposit till actual realization. 
2. To pay an amount of Rs.10,000/- to the complainant on account of mental agony and harassment.
3. To pay an amount of Rs.5,500/- as cost of litigation charges.

               

9.             The OPs No.1 & 2 shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OPs No.1 & 2 failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OPs No.1 & 2. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

 

Announced on: 09.09.2022

 

 

 

        Dr.Sushma Garg         Dr. Pawan Kumar Saini         Satpal

                Member                     Member                     President

 

Note: Each and every page of this order has been duly signed by me.

 

                                            Dr.Pawan Kumar Saini                                                                 Member