District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.626/2019.
Date of Institution: 16.12.2019.
Date of Order: 09.06.2022.
Kamlesh Kumar Tyagi son of late Shri Bhikari Singh Tyagi R/o House No. B-20 Kapra Colony, AIR Force Road, NIT Faridabad – 121001.
…….Complainant……..
Versus
1. Housing Board Haryana through its Chief Administrator, C-15, Awas Bhawan, Sector-06, Panchkula – 134109 (service to be effected through estate Manager Housing Board Haryana, Sector-28, Faridabad - 121008).
2. The Chief Revenue Officer, Housing Board Haryana, C-15, Awas Bhawan, Sector-06, Panchkula – 134109.
3. The Estate Manager, Housing Board Haryana, Sector-28, Faridabad – 121008.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Sh.J.S.yaduvanshi , counsel for the complainant.
Sh. Rajiv Rana, counsel for opposite parties.
ORDER:
The facts in brief of the complaint are that in response to the advertisement made by the Housing Board Haryana for the allotment of Multistoried flats for serving/Ex Defence and Para Military Personnel of Hayrana, complainant being Ex. Serviceman applied for the registration of Type-A flat at Sectgor-75 Faridabad under the said policy vide application form dated 13.05.2014 and also submitted demand draft of Rs.2,04,000/- i.e. 10% of
the total cost of flat of Rs.20,40,000/- alongwith the application form. Further the opposite parties received the said application form and the demand draft and issued acknowledgement slip dated 27.06.2014 to the complainant. The complainant took the loan from Gurgaon Gramin Bank NIT Faridabad for paying the booking amount. Further the draw was held on 30.12.2014 and in the said draw, the complainant was declared as successful and was allotted final registration No. 224 and thereafter the opposite parties issued the allotment letter dated 03.03.2015 in favour of the complainant and also directed complainant to pay a sum of Rs.3,76,000/- (15% of the advertised cost) within 30 days from the date of issuance of the allotment letter. On receipt of the said allotment letter dated 03.03.2015, the complainant came to know that the opposite parties had converted the stations of the Housing Board Colonies from Sector-2,62 &75 to Sector 65 without the intimation of complainant and further the complainant contacted the local office that was the opposite party NO.3 and intimated them that as per the advertisement, the 15% of the total cost comes out to Rs.3,06,000/- and not Rs.3,76,000/- and then the complainant came to know that the opposite parties had increased the price of the flat from Rs.20,40,000/- to Rs.25,06,700/- approximately suo moto without intimation to the allottees. However, as the complainant was left with no choice except to pay the said illegal amount of Rs.3,76,000/- and he paid vide demand draft NO. 927642 dated 19.03.2015 drawn on Canara bank Airforce station Branch Faridabad. Further it was submitted that as per the advertisement of the opposite parties it was mentioned that the price of the flat was worked out on the basis of rough estimates and after completion of the construction of flats, price would be worked out. But her without even starting the project the opposite parties had increased the price of the flat. The complainant raised objection to the increased demand vide his letter dated 20.03.2015 and no reply was ever sent by the opposite parties. Further after waiting for two and half years, the complainant sent application dated 17.11.2017 to the CPIO Housing Board Haryana but no satisfactory reply was given by the opposite parties. Again complainant filed application dated 11.12.2017 in the office of the Executive Engineer, Housing Board, Haryana seeking information regarding starting of the project, completion of the project etc. and vide his reply dated 15.12.2017 it was intimate to the complainant that construction work was not started so the date of completion cannot be given. Further it was also mentioned that there was stay order form Hon’ble High Court and work would be started only after issue was resolved by the Hon’ble High Court. After receipt of the said reply complainant lost faith in the opposite parties
as the opposite parties had issued allotment of the multi-storeyed flat to be constructed on the land which was under litigation and the matter was subjudice before Hon’ble High Court of Punjab & Haryana. Further it was submitted that the opposite parties were enjoying the money of complainant since 2015 and the future of the project was uncertain. The opposite parties had accepted the booking amount and thereafter 15% amount without completing the necessary formalities to cheat the customers. Further the Supreme Court and various consumer courts had in the past held that the end buyers cannot be made to wait endlessly to take the ownership of their flats, but did not give clarity on the timeline of the refund.The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) admit and register, the complaint, thereby summoning the opposite parties accordingly.
b) refund the said amount of Rs.5,80,000/- alongwith interest @ 18% p.a. from the date of deposit till the date of realization of the same.
c) pay Rs.1,00,000/- as compensation for causing mental agony and harassment .
d) pay Rs.50,000/- as litigation expenses .
2. Opposite parties Nos.1 to 3 put in appearance through counsel and filed written statement wherein Opposite parties Nos.1 to 3 refuted claim of the complainant and submitted that in fact the answering opposite party was allotted the land measuring 7.5 acre vide Estate Officer, HSVP, Faridabad memo NO. 12641-43 dated 19.06.2014, Sector-65, Faridabad for the construction of multi-storyed flats for defence personnel. It was submitted that accordingly the possession of the land was handed over by the Estate Officer, HSVP, Faridabad memo No. 1169 dated 24.06.2014 and at the time of possession there was a Gas Godown building on the said land, which was pointed out to the HSVP authorities to which they replied that the Gas Godown should be dismantled and removed and the site should be free from all encumbrances. On 11.07.2014 Godown was demolished by HSVP and 80% of the malba was also removed from the site. It was also assured by the Junior Engineer HSVP that the rest of the malba should be removed from the site within two days, which was not removed afterwards. It was further submitted that the owner of the Bharat Gas godown went to the Hon’ble High Court against the
demolition of Gas Godown by the HSVP through (CWP No.10037 of 2014. The Hon’ble High court on 14.07.2014 granted the stay to maintain the status quo by both the parties. The Hon’ble Court issued an interim order dated 07.10.2015 giving liberty to the complainant to file representation before the appropriates authority within two months while maintain the status quo between the parties. The matter was still subjudiced and there was no further progress in the said case. It was further submitted that the office of Executive Engineer, HSVP, Faridabad had been in regular touch with HSVP for solving the matter. The Executive Engineer, HBH, Faridabad vide office letter NO. 5347 dated 05.12.2016 had asked Estate Officer, HSVP, Faridabad for an early settlement of the case. It was further submitted that the Executive Engineer, HBH, Faridabad had again requested to Administrator HSVP, Faridabad vide office letter No. 1752 dated 18.04.2017 to give the revised possession of group housing land measuring 7.66 acre in Sector-65, Faridabad after division of land in 2 pockets i.e. GH-1 & GH-2, and leaving the disputed/stayed land approx 1000 sq. yards encroached by M/s. Bharat Gas Godown. It was further submitted that ATP Housing Board Haryana, Panchkula vide office letter No. 2355 dated 17.04.2017 addressed to the Executive Engineer, HBH, Faridabad had intimated that the competent authority of Housing Board had accorded the approval to give the consent regarding revised possession of clear undisputed land in 2 pockets. It was further submitted that Administrator, HSVP, Faridabad vide office letter No. 3480 dated 12.05.2017 addressed to the Chief Administrated HSVP, Panchkula, sent Zoning Plans of two pockets of GH set as GH site No.1 to GH site NO.2 alongwith the proceeding of Zonal committee meeting for final decision form competent authority. From 12.05.2017 till now the case for approval of revised zoning plan was still lying with the Chief Administrator, HSVP, Panchkula. Despite issuing several reminders from the Executive Engineer, HBH, Faridabad and CtP, HBH Panchkula to Administrator HSVP Faridabad and Chief Administrator HSVP Panchkula for approving the revised zoning plan of the sites of GH-1 to GH-2, Sector-65, Faridabad. But HSVP department had still neither approved the revised zoning plan nor it had got stayed vacated from the Hon’ble High Court. So this office was completely helpless to start the construction work until the above formalities were completed by HSVP. It was submitted that the answering opposite party duly informed the complainant regarding the convert of site from Sector-2, 62, 75 to Sector-65, Faridabad vide letter No. 5737 dated 03.03.2015. Opposite parties Nos.1 & 2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties –Housing Board Haryana & Ors. with the prayer to : a) admit and register, the complaint, thereby summoning the opposite parties accordingly. b) refund the said amount of Rs.5,80,000/- alongwith interest @ 18% p.a. from the date of deposit till the date of realization of the same. c) pay Rs.1,00,000/- as compensation for causing mental agony and harassment . d) pay Rs.50,000/- as litigation expenses .
To establish his case the complainant has led in his evidence Ex.CW1/A – affidavit of Shri Kamlesh Kumar Tyagi,, Ex.C-1 – Application cum acknowledgement, Ex.C-2 – letter dated 3.3.2015., Ex.C-3 – photocopy of demand draft, Ex.C-4 – period of registration 17.02.2014 to 15.05.2014 extended upto 30.06.2014,, Ex.C-5 – list of successful applicants of Type A 448 Flats for Serving/Ex-Defence,, Ex.C-6 - letter dated 28.10.2017,, Ex.C-7 to 10I letters,, Ex.C-11 - Second appeal under the provision of RTI Act,, Ex.C-12 – letter dated 12.03.2018 regarding return of your appeal/complaint,, Ex.C-13 – letter dated 26.03.2018 regarding second appeal under the provisions of RTI Act, 2005, Ex.C-14 – letter dated 20.03.2015 regarding allotment of flat for serving/Ex.Defence personnel at Faridabad, Sector-65, Ex.C-15 – Details of multi storeyed flats,, Ex.C-16 – legal notice, Ex.C-17 & 17 – postal receipts,
On the other hand counsel for the opposite parties strongly agitated and opposed. As per the evidence of the opposite parties, Ex. RW1/A – affidavit of Shri R.A.Gautam, Estate Manager, Housing Board, Haryana, Faridabad,, Ex.R-1 - Form of Housing Board Haryana in which the period of Registration 17.02.2014 to 28.03.2014 has been mentioned, Ex.R-2 – order dated 14.07.2014 passed by Hon’ble High Court of Punjab and Haryana, Ex. R-3 - letter dated 6.6.2018, Ex.E-4 – letter dated 12.5.2017 regarding approval of construction of flats for defence person, calculation sheet.
6. In this case, in response to the advertisement made by the Housing Board
Haryana for the allotment of Multistoried flats for serving/Ex Defence and Para Military Personnel of Hayrana, complainant being Ex. Serviceman applied for the registration of Type-A flat at Sectgor-75 Faridabad under the said policy vide application form dated 13.05.2014 and also submitted demand draft of Rs.2,04,000/- i.e. 10% of the total cost of flat of Rs.20,40,000/-
alongwith the application form. The opposite parties received the said application form and the demand draft and issued acknowledgement slip dated 27.06.2014 to the complainant. The complainant took the loan from Gurgaon Gramin Bank NIT Faridabad for paying the booking amount. The draw was held on 30.12.2014 and in the said draw, the complainant was declared as successful and was allotted final registration No. 224 vide Ex.C-5. The opposite parties issued the allotment letter dated 03.03.2015 in favour of the complainant and also directed complainant to pay a sum of Rs.3,76,000/- (15% of the advertised cost) within 30 days from the date of issuance of the allotment letter vide Ex.C-2.As per the advertisement of the opposite parties it was mentioned that the price of the flat was worked out on the basis of rough estimates and after completion of the construction of flats, price would be worked out. After waiting for two and half years, the complainant sent application dated 17.11.2017 to the CPIO Housing Board Haryana but no satisfactory reply was given by the opposite parties. Again complainant filed application dated 11.12.2017 in the office of the Executive Engineer, Housing Board, Haryana seeking information regarding starting of the project, completion of the project etc. and vide his reply dated 15.12.2017 it was intimated to the complainant that construction work was not started so the date of completion cannot be given. There was stay order form Hon’ble High Court and work would be started only after issue was resolved by the Hon’ble High Court. After receipt of the said reply complainant lost faith in the opposite parties as the opposite parties had issued allotment of the multi-storeyed flat to be constructed on the land which was under litigation and the matter was subjudice before Hon’ble High Court of Punjab & Haryana. The opposite parties were enjoying the money of complainant since 2015 and the future of the project was uncertain. The opposite parties had accepted the booking amount and thereafter 15% amount without completing the necessary formalities to cheat the customers.
7. After going through the evidence led by the parties, the Commission is of the opinion that as per Housing Board Policy, the deposit of unsuccessful applicants in the draw of lots will be refunded in full and will pay interest @ 5.5% p.a. for delay in draw beyond six months.
8. While taking a cue from the refund policy, the opposite parties are directed to pay to the complainant, jointly & severally, Rs.5,80,000/- alongwith interest @ 5.5.% p.a. from the date the last deposit was made . Opposite parties are at liberty to deduct the money from the deposited money as per refund policy of the Housing Board i.e. 10% of the registration amount deposited shall be forfeited by the Board.. There are no orders as to other costs. The complaint is allowed to the aforementioned extent only. Compliance of this order be made within 30 days from the date of receipt of copy of order. Copy of this order be given to the parties free of costs and file be consigned to the record room.
Announced on: 09.06.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
