Haryana

Karnal

CC/172/2022

Usha Devi - Complainant(s)

Versus

Housing Board Haryana - Opp.Party(s)

Deepak Singh Dhull

05 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 172 of 2022

                                                        Date of instt.29.03.2022

                                                        Date of Decision:05.03.2024

 

Usha Devi aged about 41 years wife of Shri Suresh, resident of VPO Padha, tehsil Assandh, District Karnal.

 

                                               …….Complainant.

                                              Versus

 

1. Housing Board Haryana, plot no.743-A, Sector-04, Karnal, through its Estate Manager, Karnal.
2. Housing Board Haryana, plot no.C-15, Awas Bhawan Sector-06, Panchkula, through its Chief Revenue Officer/Chief Administrator.

 

                                                                      …..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr.  Suman Singh…..Member

 

 Argued by: Shri Deepak Singh Dhull, counsel for complainant.

                    Shri Naresh Kumar, counsel for the OPs

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant had applied for the allotment of residential BPL flat under 2165 BPL Scheme launched by the OPs, vide application no.02389 dated 20.01.2015 by depositing an amount of Rs.46,000/- in the office of OPs. At the time of applying for the allotment of aforesaid flat, the OPs had disclosed the total price of the flat as Rs.4,60,000/- and the aforesaid amount of Rs.46,000/- was deposited by the complainant as 10% earnest money of total price. The complainant was successful for the allotment of BPL flat vide provision registration no.86/BPL/KNL45/SHGB and Final registration no.13, and then on demand of the OPs, the complainant had further deposited Rs.48,000/- in the office of OPs, vide draft no.733590 dated 14.02.2017 sent through registered post and accordingly the complainant in total had deposited Rs.94,000/-in the office of OPs. On 22.08.2019, complainant received an allotment letter bearing no.1837 dated 16.08.2019 from the OPs. In the said letter, the OPs have shown total price of the flat as Rs.5,60,700/- and have demanded an amount of Rs.2,24,040/- from the complainant and further instructed to deposit aforesaid amount of Rs.2,24,040/- within 30 days from the date of issue said letter and take possession over flat no.22-GF, sector-45, Karnal. Further, in all the aforesaid letter, the OPs have mentioned that the balance price of the flat is payable in monthly installment of Rs.2875/- each over a period of 13 years. Thereafter on 18.09.2019, the OP no.1 had sent a show cause notice bearing no.HBH/EM/201/1989 dated 18.9.2019 to the complainant, vide which the OPs have called upon the complainant to attend their office personally or through a duly authorized agent on 04.10.2019 and tender evidence, if any, as to why the tenement allotted to the complainant should not be cancelled. Further, the OPs stated that if the complainant failed to appear in their office, then the matter shall be decided in absence of the complainant and the name of the complainant shall be removed from the allotment register and any amount upto 50% of the registration amount money will be refunded without any interest. It is further averred that at the time of applying aforesaid flat by the complainant, the OPs had disclosed total price of said flat as Rs.4,60,000/- but in the aforesaid allotment letter dated 16.08.2019, the OPs have mentioned total price of Rs.5,60,700/- which is excess upto Rs.1,00,000/- approximately and the complainant being a member of below poverty line family was not in a position to purchase the aforesaid flat on increased total price of said flat as the complainant is a poor person. On 24.09.2019, the complainant had visited the office of the OP no.1 and requested the OP no.1 to give her said flat on above mentioned earlier price of Rs.4,60,000/-, upon which the OP no.1 had orally refused to do so, then complainant decided to surrender the flat in question and moved a written application dated 24.09.2019 with the OP no.1 with a request to return the amount alongwith interest which has been deposited by the complainant in their office. It is further averred that at the time of receiving the said application, OP no.1 has assured the complainant that the amount deposited by the complainant alongwith interest will be refunded by the OP no.2 within a short span of time but till date complainant has not received the aforesaid amount despite various requests and visit in the office of OPs. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

 2.            On notice, OPs appeared and filed its written version raising preliminary objections with regard to maintainability; locus standi; cause of action and concealment of true and material facts. On merits, it is pleaded that letter no.1837 dated 16.08.2019 was issued by the OPs and the complainant was required to deposit the amount mentioned in the said letter, which was to be calculated by Head of Department as per norms. It is further pleaded that the amount of Rs.4,60,000/- was a tentative amount and the final amount was to be calculated by Head of Department as per norms after allotment of flat and the amount was rightly claimed from the complainant as mentioned in the abovesaid letter. It is further pleaded that OPs never assured the complainant that the amount deposited by her alongwith interest be refunded to complainant. As per provisions of the Act/Department after the allotment if any allottee wants to surrender the flat/property, then in that case 50% of the application amount shall be forfeited, if the allotment letter has been issued. The complainant has not deposited amount of Rs.2,24,040/- even after receiving the show cause notice issued by the OP, rather he filed the present complaint just to put pressure upon the OPs to refund the whole amount paid by her. There is no deficiency in service on the part of the OPs. The other allegations made in the complaint have been denied  and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of payment receipt dated 20.01.2015 of Rs.46,000/- Ex.C1, acknowledgement Ex.C2, copy of allotment letter dated 20.12.2016 Ex.C3, copy of DD of Rs.48,000/- Ex.C4, copy of letter dated 16.08.2019 Ex.C5, copy of show cause notice dated 18.09.2019 Ex.C6, copy of surrender application dated 24.09.2019 Ex.C7 and closed the evidence on 10.11.2022 by suffering separate statement.

5.             On the other hand, learned counsel for the OPs has tendered into evidence affidavit of Partap Saini, Estate Manager Ex.OPW1/A, copy of letter dated 16.08.2019 Ex.OP1, copy of show cause notice Ex.OP2, copy of rules and regulations of Housing Board Haryana Ex.OP3 and closed the evidence on 21.08.2023 by suffering separate statement.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of complaint, has vehemently argued that on 20.01.2015, complainant had applied for the allotment of residential BPL flat with the OPs. The total price of the flat was Rs.4,60,000/- and complainant had deposited Rs.94,000/- in two installments. On 22.08.2019, complainant received an allotment letter from the OPs, vide which they enhanced the total price of the flat as Rs.5,60,700/- instead of Rs.4,60,000/-. He further argued that at the time of applying the flat, OPs have never disclosed that the price of the flat is tentative and final rate will be calculated by the Head of the Department. Complainant is a poor person and was not in a position to deposit the enhanced amount and in compelling circumstances,  he made requests to OPs to refund the deposited amount alongwith interest but OPs have refunded only Rs.69,000/- out of Rs.94,000/- and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that the price of the flat in question was tentative one. The competent authority has final the price of the flat as per terms and conditions of the policy. Complainant herself surrender the flat and as per policy, surrender value of Rs.69,000/- has already been refunded to the complainant and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, complainant had applied a flat under BPL scheme on 20.01.2015. It is also admitted complainant deposited an amount of Rs.46,000/- as earnest money and Rs.48,000/- on 14.02.2017.  It is also admitted that OPs have refunded the amount of Rs.69,000/-.

11.           OPs have alleged that the price of the flat in question was tentative one and final price of the flat has been finalized by the competent authority and complainant was bound to pay the price as assessed by the competent committee of the Head office.

12.           OPs have relied upon the allotment letter Ex.OP1 dated 16.08.2019. In the said letter, the price of flat is of as Rs.5,60,700/-. The said price has been assessing by the competent authority. The onus to prove its version was relied upon the OPs. To prove its version during the course of arguments, learned counsel for the OPs has placed on file, document regarding Price of residential unit and method of payment. In the said document it is clearly mentioned in Column no.5 that the price of the residential units is tentative one and actual price will be decided at the time of allotment of the unit. The competent authority has assessed the final price of the flat in question as Rs.5,60,700/- and asked to the complainant to deposit the same, but inspite of depositing the said amount, complainant has surrender the flat in question. The surrender value of the flat has already refunded to the complainant. Moreover, as per terms and conditions of the allotment letter Ex.OP1 dated 16.08.2019, after construction of the units, the Board can revise the rate of units. 

 13.          Thus, as a sequel to abovesaid discussion, the present complaint is devoid of merit and same deserves to be dismissed and same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:05.03.2024

                                                                       

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

                (Vineet Kaushik)                (Dr. Suman Singh)

                     Member                               Member