Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 49
Instituted on : 29.01.2019.
Decided on : 04.08.2022
Sukhbir Singh Kaushik s/o Sh. Amrit Lal R/o H.No. 161, New Vishal Nagar, Near St.Paul School, New Bus Stand, Rohtak.
.......................Complainant.
Vs.
- Estate Manager, Housing Board Haryana, Rohtak Sonipat Road, Rohtak.
- Chief Administrator, Housing Board Haryana, Plot No. C-15, Awas Bhawan, Sector-6, Panchkula
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
Present: Sh. V.K.Sharma, Advocate for the complainant.
Sh. Ajay Gaur, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are that opposite parties advertised and offered allotment of housing board flats to Serviceman/Ex-servicemen scheme in Sector-5, Rohtak under Ex. Serviceman Category. Complainant being ex-servicemen applied for allotment of flats at Rohtak and paid Rs.1,88,000/- alongwith prescribed form duly filled/completed in all respect and complainant was allotted registration no.1805/Rtk-05/T-A/CBI. In draw of lots held on 29.12.2014 complainant was declared successful and was allotted final registration no.62 vide opposite party letter No.H.B.H./CRO(P.M.)/Defence/2015 SPL-4588 dated 09.02.2015 and opposite party demanded Rs.2,82,000/- from complainant. Complainant deposited Rs.282000/- through demand draft no.06663 of PNB(AVSP), Ballabhgarh dated 03.03.2015 in opposite party office.. Even after passing of five years, opposite party could not start construction work of flats/affordable houses for Servicemen/Ex.servicemen in Rohtak and complainant was forced to live in a rented house inspite of the fact that he had paid his hard earned money of Rs.470000/- to the opposite party. After waiting for a long period of more than 5 years the complainant sent legal notice dated 22.10.2018 and 17.12.2018 to the opposite party by registered post and demanded Rs.4,70,000/- alongwith 18% interest from the date of application but the opposite party could not reply to the complainant. Complainant visited so many times to the office of respondents for refund his deposited amount but opposite party failed to take any action on his request. 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 refund the amount of Rs.4,70,000/- alongwith interest @ 18% from the date of payment and also to pay an amount of Rs.1,00,000/- on account of deficiency in service and 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 had applied for allotment of flat and deposited the registration money of Rs.188000/- alongwith application form and further deposited Rs.282000/- after the successful draw of lots held on 29.12.2014. But the complainant was not interested in the allotment of flat and was interested for refund. The request of complainant for surrender of flat and refund of the amount is duly registered and the amount would be refunded to him as per the Housing Board Regulations which were mentioned in the allotment letter and 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 houseless persons of various sections including serving/ex-servicemen/Army personals/paramilitary personals at various station in the State. 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.Is. 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 parties prayed for dismissal of complaint with costs.
3. Ld. Counsel for the complainant in his evidence has tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C12 and closed his evidence on dated 18.02.2020. Ld. Counsel for the opposite parties has tendered affidavit Ex.RW1 and closed his evidence on dated 06.12.2021.
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 parties 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. It is also contended that 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. The amount of complainant will be refunded as per his turn in the seniority list.
6. We have minutely perused the documents placed on record by both the parties. As per the complainant he had paid an amount of Rs.188000/- as registration fee and Rs.282000/- towards 15% of cost in favour of opposite party through bank draft no.06663 dated 03.03.2015. As per letter Ex.C3 dated 21.09.2017 & Ex.C4 dated 06.12.2017, complainant has submitted that since more than 2 and half years have passed and no work has been started towards construction of flats. Hence the complainant requested for cancellation of flat and refund of amount. Complainant also sought information through RTI vide letter Ex.C5 regarding refund of amount in case of surrender of flats and sent a legal notice Ex.C6 requesting the opposite parties to refund Rs.470000/- but the opposite parties vide their reply to the legal notice had submitted that the name of complainant is at Sr. no.2303 of 2017 in the seniority list and the amount will be refunded to him as per the seniority list. But even after passing of 5 years from the date of refund request, 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.4,70,000/-(Rupees four lac seventy thousand only) alongwith interest @9% p.a. from the date of their respective deposits till its realisation and 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:
04.08.2022.
................................................
Nagender Singh Kadian, President
………………………………..
Tripti Pannu, Member.
