Haryana

Karnal

CC/5/2017

Surender Kumar - Complainant(s)

Versus

Housing Board Haryana - Opp.Party(s)

Atul Malhotra

07 May 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                      Complaint No.05 of 2017

                                                      Date of instt. 02.01.2017

                                                      Date of decision 07.05.2018

 

Surender Kumar aged 40 years son of Shri Amar Nath, resident of House no.E-162, Ram Gali, Naya Bazar, Karnal.

 

…….Complainant.

                                                Versus              

 

Housing Board Haryana, # 743-A, Sector-04, Karnal, through its Estate Manager, Karnal.

                                                                        …..Opposite Party.

 

           Complaint u/s 12 of the Consumer Protection Act.          

 

Before    Sh. Jagmal Singh……President.

      Sh. Anil Sharma………Member

               

 

 Present   Shri Atul Malhotra Advocate for complainant.

                  Shri Jai Pal Advocate for opposite party.

                                     

ORDER:                    

 

                (JAGMAL SINGH, PRESIDENT)

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant had applied for the allotment of EWS flat under BPL Category by depositing Rs.37,000/- with the application form and the name of the complainant comes in the list of successful applicants in draw and the OP sent a allotment letter no.HBH/CRO (PM)/2011/4979 dated 06.02.2011 (subject to eligibility) to the complainant vide which the complainant was directed to complete some formalities and to pay Rs.37,000/- more earnest money to the OP. Thereafter, complainant completed all the formalities as per allotment letter and given Rs.37,000/- through demand draft no.501508 dated 23.06.2016 to the OP. Then, OP sent a allotment letter bearing no.1129 dated 21.04.2016 to the complainant vide which OP has informed that flat no.280-SE covered Area 17.210 sq. meter situated at Alpha International City, Sector-28 has been allotted to the complainant and directed to deposit Rs.1,56,146/-. Now the complainant on account of wrongful act and conduct, deficiency in service and unfair trade practices on the part of the OP is not interest to continue with the aforesaid Scheme meaning thereby not interested to purchase the allotment flat and is interested to get back the money which has been deposited by the complainant, so the complainant could not deposit the amount of Rs.1,56,146/- and requested the OP to return the amount which has already been deposited by the complainant. OP instead of returning the aforesaid amount sent a Show Cause Notice dated 30.05.2016 to the complainant with an instruction to attend personally on 16.06.2016 and show cause and tender evidence if any as to why the tenement allotment to the complainant should not be cancelled. Further it has also been mentioned in this notice that on the specified day if the complainant would not appear in this matter, then the matter would be decided in absence of the complainant and 50% amount deposited by the complainant would be forfeited and the remaining amount of Rs.50% would be given to the complainant. Then complainant replied to the said show cause notice through his counsel and advised to withdraw of the said notice and also requested to refund the amount of Rs.74000/-to the complainant with interest @ 24% per annum. But the OP has repudiated the full and final claim of the complainant and had shown its willingness to return only 50% amount out of total amount of Rs.74000/-. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who appeared and filed written statement raising preliminary objections with regard to locus standi and cause of action; jurisdiction and concealments of true and material facts. On merits, it is submitted that the complainant has applied under the scheme of BPL flats vide registration no.1170 and the complainant was declared successful in draw of lot held on 10.03.2011 for the allotment of flat (subject to eligibility)  and letter in this regard were issued to the complainant on 06.06.2011 and letter no.4885 dated 27.12.2013. It is further submitted that as per the policy of Housing Board Haryana a person cannot get benefits two times in BPL Scheme, therefore, a dispute regarding the persons who had got double plot under this scheme arose and the matter was pending before the Hon’ble Punjab & Haryana High Court at Chandigarh, due to which the allotment letter issued to the complainant, vide letter no.1129 dated 21.04.2016 and amount has been shown in the allotment letter as per the terms and conditions of the Housing Board Haryana. It is further submitted that if the allottee fails to execute the agreement and to take possession of the house/flat within 30 days of the issue of this letter his or her name shall be removed from the allotment register and 50% of the earnest money deposited by him/her shall be forfeited, but the complainant had not fulfilled the terms and conditions of the allotment letter. Thereafter, the OP has issued letter no.8418 dated 15.06.2016 and further allowed next 45 days time for the deposit of dues with interest and to take possession of the house, but the complainant has not complied with the same. It is further submitted that OP issued a show cause noticeno.22145 dated 30.05.2016. Show cause notice for cancellation of allotment of the house no.280 SF sector 28-A,Alfa City Karnal and requested to the complainant to attend personally or through a duly authorized agent on 16.6.2016, but the complainant did not comply with the same rather sent legal notice/reply dated 14.06.2016 in which he is mentioned that he is not interest to get the said flat. It is further submitted that complainant never contacted any official of this office for the cancellation of the flat and no written request was ever made by the complainant to the OP and he never approached to the OP for refund of amount deposited by him. It is further submitted that as per the policy of the Housing Board, the allottee is entitled to refund after deducting 50% amount from the registration amount if the allottee is not interest to keep the flat. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 and Ex.C2 and closed the evidence on 31.08.2017.

4.             On the other hand, OP tendered into evidence affidavit of Partap Saini Estate Manager Ex.RW1/A and documents Ex.R1 to Ex. R14 and closed the evidence on 5.3.2018.

5.             We have heard the learned counsel for both the parties and perused the case file carefully and have also gone through the evidence led by the parties.

6.             From the pleadings of the parties, the undisputed facts are that the complainant had applied for allotment of EWS flat under BPL category by depositing Rs.37000/- with the application form (i.e.10% of tentative cost) as earnest money. The complainant was declare successful in draw of lot held on 10.03.2011 for allotment of flat (subject to eligibility) and in this regard letters were issued to the complainant on 6.6.2011 and 27.12.2013. Thereafter, the complainant further deposited Rs.37000/- as per terms and conditions vide DD no.501508 dated 23.06.2011. The complainant was allotted flat no.280 SF vide letter no.1129 dated 21.04.2016 situated at Alpha International City, Sector 28, Karnal and the complainant was requested to deposit the amount mentioned in said letter i.e.1,56,146/- and take possession of the flat within 30 days from the date of issue of letter.

7.             According to the complainant, now he is not interested to continue with the scheme meaning thereby not interest to purchase the allotted flat and is interested to get back the money deposited by him with interest, so the complainant has not deposited the amount of Rs.1,56,146/-.

8.             The OP contended that as the complainant has not deposited the amount demanded vide letter dated 21.04.2016, so a Show Cause Notice dated 30.05.2016, copy of which is Ex.R-12, issued to the complainant to appear personally or through agent on 16.06.2016 and show cause and tender evidence, if any, as to why the tenement allotted should not be cancelled. It is further contended that as per terms and conditions of the allotment letter and rules & regulations of Haryana Housing Board, if the allottee fails to execute the agreement and to take possession of the house/flat within 30 days of the issue of said letter, his (complainant’s ) name shall be removed from the allotment register and 50% of the earnest money deposited by him shall be forfeited. The complainant had not fulfilled the terms and conditions of the allotment letter. It is further contended that as the complainant is interested in refund of the deposited amount, the same will be refunded as per terms and conditions i.e. after forfeiting the 50% of the earnest money. The OP referred the regulation no.13 of the “Housing Board Haryana (Allotment, Management and sale of tenements) Regulations 1972.”

9.             From the submissions of the parties, the main dispute  between the parties is that whether the complainant is entitled for the refund of entire amount deposited by him with interest or not?

10.            As per the contents of the complaint, allotment letter dated 21.04.2016 was issued by the OP to the complainant vide which the complainant was requested to deposit the amount mentioned in the letter and take possession but the complainant has not deposited the said amount and stated that he is interest in refund of the amount deposited by him. It is pertinent to mention here that the allotment of the flat in question is regulated by the terms and condition and regulations of the Housing Board Haryana. In the circumstances of the case regulation no.13 is relevant in the present case which runs as under:-

        “13.Consequence on failure of allottee to take possession-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.”

 

11.            It is pertinent to mention here that the complainant was allotted the flat but the complainant failed to take the possession of the same within prescribed period of 30 days and was interested in the refund of the deposited amount. Therefore, the complainant is bound by the regulations of Housing Board Haryana and the complainant is entitled for refund as per regulations mentioned above. In these circumstances, we are of the considered view that 50% of the amount deposited by the complainant with the application at the time of registration is liable to be forfeited and the complainant is entitled for the refund of remaining amount without interest. It is hereby made clear that Rs.18,500/- (i.e. 50% of Rs.37,000/- the amount deposited with the application at the time of registration) are liable to be forfeited and the complainant is entitled for the refund of Rs.55,500/- (i.e.74000-18500= 55500/-) .

12.            Thus, as a sequel of above discussion, we allow the present complaint partly and direct the OP to pay Rs.55,500/- to the complainant the amount refundable as per rules and regulations. We further direct the OP to pay Rs.5500/- on account of mental tension, harassment and litigation expenses etc. This order shall be complied with within 30 days from the receipt of copy of this order failing which the complainant shall be entitled interest @ 8% per annum from the date of order till its realization.  The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 07.05.2018

                                                                       

                                                                         President,

                                                           District Consumer Disputes

                        Anil Sharma                   Redressal Forum, Karnal.

                          Member