Haryana

Panchkula

CC/183/2017

TILAK RAJ - Complainant(s)

Versus

HOUSING BOARD HARYANA - Opp.Party(s)

DEEPAK AGGARWAL

19 Apr 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.        

                                                       

Consumer Complaint No	:	183 of 2017
Date of Institution	:	29.8.2017
Date of Decision	:	19.4.2018

               

Tilak Raj s/o Sh. Satbir Singh r/o Village and Post Office Pandu Pindara, District Jind.

                                                                                  ….Complainant

Versus

1. Housing Board Haryana, Plot No.C-15, Sector-6, Aawas Bhawan, Panchkula-135109 through its Chief Administrator.

 

2. The Manager, Housing Board Haryana, House No.1305-1306/A, Housing Board Colony, Sector-15-A, Hisar.

                                                                        ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:              Mr.Dharam Pal, President.

Mr.Jagmohan Singh, Member.

 

For the Parties:   Mr. Deepak Aggarwal, Advocate for complainant. 

                        Mr. Sikandar Bakshi, Advocate for OPs.

ORDER

(Dharam Pal, President)

1.      The complaint of the complainant is that during the period 22.7.2013 to 22.8.2013, Housing Board Haryana offered 10215, Built-up Triple Storied Dwelling Units, for BPL families on Hire (employ) Purchase Basis for various districts/stations in Haryana including 411 units in Sector 6 and 7, Tohana. Complainant applied for one of the units in Sector 6 and 7, Tohana and OPs allotted him Flat No.271/FF on First Floor at total price of Rs.4,24,200/- (payable as per mode of payment/installments) with covered area 27.498 sq. meter. In the brochure (description of accommodation) the tentative covered area is mentioned to be 300 sq.ft/27.871 sq. mtr., but at the last page of the brochure the size of the plot is mentioned as 50 sq. mtr. Each dwelling unit irrespective of floor, which in itself is contrary to each other. Price of each dwelling (residence) unit was also equal, irrespective of the floor i.e. Rs. 4,40,000/- tentative and as per allotment letter, it was fixed at Rs. 4,24,200/-. Plot size as per the prospectus/brochure was stated to be  50 sq.mtr and price for each unit irrespective of the floor was equal, then why the complainant was not being allotted ownership rights of 50 sq.mtr plot area. Complainant paid two lump sum payments of Rs. 44,000/- (each) and ready to pay balance amount as per directions issued by the OPs. But amount of Rs. 29,430/- in additional (to the actual price), OPs charged/demanding from the complainant without any cogent reason. The allotment procedure adopted by the OPs was totally different from terms and conditions as published by the OPs in prospectus/brochure of initial offer. OPs were always raised illegal demands. A legal notice dated 25.2.2017 was also sent to the OPs through registered post, but no response. Hence, this complaint.

2.      Upon notice, OPs appeared and contested the complaint by filing written statement with the averments that the present complaint is not maintainable; the complainant has concealed the material facts from this Forum. The mode of dwelling unit was through draw of lots and extra charges for corner dwelling units allotted by draw of lots would be payable @ 10% of the cost of land at the time of possession along with the amount payable at the time of allotment/possession. A specific note was also given that the price mentioned has been worked out on the basis of rough cost estimates and price was tentative. The complainant was aware about the terms and conditions of the brochure. The complainant applied for allotment of flat under the BPL families on Hire purchased basis in Sector 6& 7, Tohana vide application dated 25.9.2013 and has gone through eligible conditions mentioned in brochure before filling the application form and the draw of flats was held on 6.5.2014, complainant was successful in the draw and according to terms and condition of registration, complainant deposited sum of Rs. 88,000/- in two installments (Rs.44,000/- each installment) and Flat No.271-FF with covered area 27.498 sq. mtr. in Housing Board Colony, Sector 6-7, Tohana was allotted to the complainant and final price was mentioned in the allotment letter. The basic amenities have not been provided by the OPs. The letter dated 21.9.2016 is the allotment letter, in which price (Rs.29,430/- interest) mentioned as per terms and conditions settled between the parties, is necessary. So complainant has no cause of action to file the present complaint and complainant filed the present complaint just to make delay in the payments. Vide letter No.6068, dated 9.11.2016, it was informed by the Estate Manager to the complainant that the amount of Rs. 4,24,200/- was tentative amount and the HBH has finalized the final cost of the house, so the complainant only to deposit the cost of house and other charged mentioned in the allotment letter. It was also informed to the complainant that size of Ground Floor 5X10 and OPs were taking the amount from the complainant on the basis of covered area and not on the basis of plot area. The complainant did not deposit the amount as per the terms and conditions of the allotment letter. Therefore, a show cause notice was also issued to the complainant vide OP’s office letter memo No.123, dated 4.1.2017. According to terms and condition of registration, complainant deposit sum of Rs. 88,000/-(Rs.44,000/-each) in two installments along with application and 4,000/- after the draw. Then 50% of final cost worked out at the time of allotment less the amount already paid   and balance 50% in 156/240 equated monthly installments with interest @ 9.25% per annum. But the complainant did not follow the rules and regulations of the OPs. Therefore, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of answering OPs and as such, the complaint of the complainant is liable to be dismissed with costs. 

3.      The learned counsel for complainant placed on record an affidavit as Annexure C-A along with documents Annexure C-1 to C-9 and thereafter closed the evidence. On the other hand, the learned counsel for OPs No.1 has placed on record the affidavit as Annexure R-A along with documents Annexure R-1 to R-7 and has closed the evidence.

4.      We have heard learned counsel for both the parties and have gone through the record carefully.

5.     The complainant applied for one of the units in Sector 6-7, Tohana for the Built-up Triple Storied Dwelling for BPL families on Hier Purchase Basis offered by Housing Board Haryana. The OP allotted him Flat No.271/FF on 12.9.2016 with the covered area 27.498 sq. meter at total price of Rs. 4,24,200/-. The complainant paid Rs. 44,000/- at the time of registration and Rs. 44,000/- after draw of plots. Hence, the complainant paid Rs. 88,000/- at the time of allotment. As per brochure, the price of dwelling unit and mode of payment has been mentioned as under:-

                “Tentative Price per Dwelling Unit:  Rs.440000/-

                Mode of Recovery:      

 

1.     Payment with Application:             Rs.44000/-
2.     Payment after draw:                    Rs.44000/-

3. At the time of Allotment (before possession): 50% of the final  cost worked out at the time of allotment less amount already paid as at No.i) and ii) above.
4. Balance 50% price in 156/240 equated monthly installments with interest @ 9.25% per annum (Monthly Compounded).”

                     As per the allotment letter dated 21.9.2016 (Annexure C-3), the complainant has to pay balance of 50% i.e. Rs. 1,24,100/-. But the complainant had not paid any amount after the allotment till filing of the complaint. In his complaint he admitted that he is ready to pay the balance as per the terms issued by the OPs. However, he raised an objection regarding the amount of Rs. 29,430/- mentioned in the allotment on account of monthly interest liability. As per allotment letter, the OPs directed to the complainant to pay monthly installment of Rs. 2351/- each in a period of 13 years. The complainant failed to deposit the 50% amount, the OP issued a show cause notice on 4.1.2017 to the effect that the complainant has failed to take the possession of the above said unit within 30 days and violated the regulations of the Haryana Housing Board, Act. He was directed to appear on 17.1.2017. The complainant has also mentioned in his complaint in Paragraph No.3 that as per table 2 of the prospectus/brochure the tentative covered area is shown 300 sq. ft, whereas as per typical floor plan at the last page of the prospectus/brochure the size of the plot is shown to be 50 sq.mtr. on 60 sq. yds for each dwelling unit irrespective of floor, which in itself is contrary to each other. He also submitted that the plot size as per the prospectus/brochure is 50 sq. mtr and price for each unit irrespective of the floor is equal, then why the complainant is not being allotted ownership rights of 50 sq.mtr. on which his covered area may be 27 sq. mtr on first floor.

6. .         In this regard, the OPs has informed to the complainant vide their letter dated 9.11.2016 (Annexure R-5) that plot area is 5 X 10 sq mtr. is for ground floor where as they are taking the amount from the complainant on the basis of covered area not on the basis of plot area in case of first floor.
7.         On perusal of the allotment letter it shows that the complainant has to pay the installment @ Rs. 2351 in 156 months (13 years). The OPs has shown Rs.29,430/- as monthly interest liability rightly. Since, the complainant has failed to deposit the amount as per contract, he has not taken the possession of the unit after paying of 50% of the price of the said unit. We are of the view that the complainant himself violated the terms and conditions of the allotment letter, so in our opinion, the complaint deserves to be dismissed and the same is dismissed with no order as to cost.  A copy of this order be sent to the parties free of costs and file be consigned to record room after due compliance.

Announced

    19.4.2018             JAGMOHAN SINGH               DHARAM PAL

                                MEMBER                            PRESIDENT

 

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

 

                                        DHARAM PAL             

                                        PRESIDENT