District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 399/2021.
Date of Institution: 11.8.2021.
Date of Order: 08.02.2023.
Om Parkash S/o Shri Jage Ram, aged 78 years R/o House No. 1212, Sector-29, Housing Board Colony, Faridabad.
…….Complainant……..
Versus
1. Housing Board Hryana, Awas Bhawan, C-15, DGP Office Rd, Opposite General Hospital, Sector-6, Panchkula, Haryana 134109 through its Chief Administrator.
2. The Chief Administrator of Housing Bord Haryana, Awas Bhawan, C-15, DGP Office Rd, Opposite General Hospital, Sector-6, Panchkula, Haryana 134109.
3. Smt. Lajwanti Gambhir, The Estate Manager, Housing Board, Office Address: 1197, Sector-23-A, Faridabad.
4. Shri Anil Gandhi Retired The Estate Manager, Housing Board, Resident of House No. 142, Sector-30, Faridabad.
…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.
Indira Bhadana………….Member.
PRESENT: Sh. S .S.Chauhan, counsel for the complainant.
Sh. Rajiv Rana, counsel for opposite parties.
ORDER:
The facts in brief of the complaint are that opposite party No.1 had allotted a House No. 1212, Sector-29, Housing Board colony, Faridabad to the complainant in the year 1984. The complainant had paid all dues of the said house to the opposite party on or before 30.11.1999. From this receipt of payment it was evident that an amount of Rs.3,000/- were paid in excess by the complainant to the amount due i.e.Rs.3,000/- were to refunded by the opposite party No.1 to the complainant. During the pandemic corona period of the last year i.e. in the year 2020, one of the retired official Shri Anil Gandhi the opposite party No4., contacted the complainant at his above house and told to the complainant verbally that he had come to him on the instructions of the opposite party No.3 Smt. Lajwanti Gambhir and informed him that an amount of Rs.2,00,000/- was payable by the complainant to the opposite party No.1 against the enhancement of his house bearing NO.1212, Sector-29, Housing Board Colony, Faridabad which the complainant may to him or he shall deposit in the account of Housing Board/opposite party No.1. The complainant told him that he had received no such information either verbal or written from the housing board till date. However, he said he would check the same from the Housing Board. The said person i.e opposite party No.4 then came frequently to the house of the complainant and also made contact with him offenly on telephone for the said purpose so that he should and he had tried to creat fear in the mind of the complainant so that he should the amount of Rs.2,00,000/- in the account of Housing Board/opposite party No.1 and threatened the complainant him that if he fails to deposit the said amount in the housing board then he would not only go for imprisonment but his house would also be resumed by the housing board. When the complainant had not deposited the said amount of Rs.2,00,000/- in the Housing Board under the threat of the opposite party No.4 then Shri Anil Gandhi (opposite party No.4) came again at the house of complainant on 27.07.2021 and tried to show his sympathy and proposed to him that if he would give Rs.90,000/- in total to him i.e Rs.70,000/- for him/opposite party No.4 and Rs.20,000/- for depositing the amount in cash in the office of Housing Board against receipt then everything would be settled and the complainant can save Rs.1,10,000/- by this way because he had setting with opposite parties No.1 to 3. On 29.07.2021, the complainant went again to the office of opposite party No.3 and told to Smt. Lajwanti Gambhir, the Estate Manager of Housing Board of Faridabad that he had paid all dues of the Housing Board on or before 30.11.1999 and an amount of Rs.3,000/- was paid in excess by him to the Housing Board which was still lying in excess with the opposite parties as the same had not been refunded to the complainant by the opposite parties till date. Opposite party No.3 i.e. Ms. Lajwanti Gambhir then told to the complainant that even after that the complainant had to pay an amount of Rs.1,50,000/- to the Housing Board against enhancement of his house, she had warned the complainant his property could be seized by the opposite parties She had also threatened the complainant that he could also be put under imprisonment. The opposite party No.3 proposed to the complainant that she could present the complainant to deposit the aforesaid amount in three installments i.e. each of Rs.50,000/-. Ms. Lajwanti Gambhir (opposite party No.3) also told to the complainant that if he wants to escape getting imprisonment and to protect his house from resumption, then the complainant should deposit a cheque with her for the amount of Rs.50,000/- at that momemt itself i.e. on 29.07.2021, otherwise the complainant should have no escape. Opposite party No.3 repeatedly pressurized the complainant for when he was in her office for taking a cheque of the said amount from the complainant and under these circumstances the complainant was made to issue a cheque No. 237144 dated 29.07.2021 for Rs.50,000/- to the opposite party No.3 which wa son drawn SBI, Sector-31, Faridabad in favour of Housing Board, Haryana and gave the same to Ms.Lajwanti Gambhir i.e. opposite party No.3. Opposite party no.3 i.e. Lajwanti Gambhir had not provided the details of said amount to the complainant in writing and she had refused flatly to provide the same to the complainant, however orally she had informed that Rs.1583/- was due in the shape of enhancement sine 22.05.1986 and second enhancement was also due for Rs.1050 since 03.08.1990 & third enhancement was due for Rs.1427 since 26.11.1992. In this way, total amount of Rs.4050/- was due from the complainant’s side since 26.11.1992 and now this amount of Rs.4050/- had become Rs.1,50,000/- alongwith interest and thus the complainant was liable to deposit this amount in the Housing Board Haryana.
The complainant with folded hands requested to the opposie party No. i.e. Ms. Lajwanti Gambhir, Estate Manager that an amount of Rs.3000/- to him is already lying in excess with the opposite parties since 30.11.1999 which the opposite parties had not refunded to him till date. The complainant had also informed her that an amount of Rs.1500/- was also lying deposited with the opposite parties since 01.01.1993, as this amount was refundable to the complainant by the opposite parties due to the reduction in the price of the house allotted to him the opposite parties slept over the same and did not refund the same to the complainant i.e. Rs.4500/-. 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) adjust the excess amount of the complainant against the enhancement is any due and not to charge any interest from the complainant on the said amount.
b) Refund Rs.450/- after adjusting Rs.4050/- of enhancement from Rs.4500/- paid in excess by the complainant and also to pay interest and penalty on this amount at the same rate which the opposite party wanted to charge from the complainant for the enhancement price.
c) Issue No Dues Certificate to the complainant for the house No. 1212,Sector-29, Faridabad.
d) pay Rs.1,00,000/- as compensation for causing mental agony and harassment .
e) pay Rs. 35,000 /-as litigation expenses.
f) get the conveyance deed in the name of the complainant at the original rate of house i.e of the year 1984.
2. Opposite parties put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that House No. 1212 LIG/GH, Housing Board Colony, Sector-29, Faridabad was allotted to opposite party Dhariwal son of Sh. Jaga Ram resident of 1/136, Baba Nagar, Faridabad vide allotment letter No. 1984 dated 30.07.1984 on hire purchase basis and the possession of the said house was handed over to the complainant on 09.08.1984. It was further submitted that thereafter the answering opposite parties issued a letter dated 22.05.1986 for the first enhance land compensation for an amount of Rs.1683/- but the complainant failed to depsit the ELC amount and thereafter the answering opposite parties issued second letter dated 03.08.1990 for the second enhance land compensation for an amount of Rs.1050/- but the complainant failed to deposit the ELC amount and again the answering opposite parties issued a letter dated 26.11.1992 for the third enhance land compensation for an amount of Rs.1427/- but the complainant again failed to deposit the ELC amount within a stipulated period which shows malafide intention on the part of the complainant and even thereafter the answering opposite parties sent reminder dated 31.12.2008 and thereafter account of the complainant was audited from the account branch and a sum of Rs.54988/- was found recoverable from the complainant as 30.09.2012 and the same was intimated to the complainant vide letter dated 04.10.2012 but inspite of several reminders the complainant avoided his liability towards the above said house intentionally and deliberately with a view to cause losses to the answering opposite party. It was submitted that instead of making the payment of the outstanding dues of Rs.54,988/-, the complainant filed a RTI application through his son on 12.102012, which was duly replied by the answering opposite parties vide reply dated 25.10.2012, wherein it was clearly stated that an amount of Rs.55,675/- had to be paid upto 31.10.2012 by the complainant to the answering opposite parties and even thereafter the complainant did not deposit the said amount of Rs.55,675/- with the answering opposite parties which shows the dishonest and malafide intention of the complainant. But after lot of efforts and follow ups the complainant deposited an amount of Rs.50,000/- through cheque No. 237144 dated 29.07.2021 and the same was dishonoured with the remarks “stop payment” by the complainant and the said cheque was returned alongwith memo to the complainant by the answering opposite party on 12.08.2021 and the complainant was directed to deposit an amount of Rs.1,30,000/- upto 31.08.2021 on account of enhance land compensation with int4rest and GST as per rules and procedure. Even after availing several opportunities, the complainant did not deposit the ELC amount dues of Rs.1,30,000/- alongwith interest and GST intentionally and deliberately and instead of making the payment of ELC dues amount, the complainant filed the present false complaint on the basis of distorted facts by concealing true and material from this Hon’ble Commission with a view to take undue advantage of his own wrongful act and hence the complainant of the complainant was not tenable in the eyes of law. Opposite parties 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 and Ors. with the prayer to: a) adjust the excess amount of the complainant against the enhancement is any due and not to charge any interest from the complainant on the said amount. b) Refund Rs.450/- after adjusting Rs.4050/- of enhancement from Rs.4500/- paid in excess by the complainant and also to pay interest and penalty on this amount at the same rate which the opposite party wanted to charge from the complainant for the enhancement price. c)Issue No Dues Certificate to the complainant for the house No. 1212,Sector-29, Faridabad. d) pay Rs.1,00,000/- as compensation for causing mental agony and harassment . e) pay Rs. 35,000 /-as litigation expenses. f) get the conveyance deed in the name of the complainant at the original rate of house i.e of the year 1984.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Om Parkash, Ex.C-1 – ledger register, Ex.C2 - photocopy of cheque No. 232144 dated 29.07.2021 for Rs.50,000/-.
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-2 – physical possession of H.No. 1212/GF/FF in Sector-29, Faridabad, Ex.R-3 - letter dated 22.5.1986 regarding enhanced compensation of land, Ex.R-4 to 6- letters regarding payment of 2nd enhanced land compensation, Ex.R-7 (colly) – letter dated 24.09.2012, Ex.R-8 – letter dated 04.10.2012 regarding balance payment due against H.No.1212, Ex.R-9 - letter dated 25.10.2012 regarding supply of information, Ex.R-10 – letter dated 12.08.2021 regarding part payment regarding ELC in respect of flat NO.1212 LIG-GF, Ector-29, HBC, Faridabad,
6. In this case, opposite party No.1 has allotted a House No. 1212, sector-29, Housing Board Colony, Faridabad to the complainant in the year 1984. The complainant had paid all dues of the said house to the opposite parties on or before 30.11.1999. As per Ex. C1 in which it has been mentioned that the total amount due is Rs.2000/- and the opposite received the amount of Rs.5000/- from the complainant vide receipt No.13 dated 30.11.1999. As per Ex.C2 – the complainant has issued a cheque No. 237144 dated 29.07.2021 for an amount of Rs.50,000/- drawn on State Bank of India in favour of Housing Board,Hayrana. It is evident from performa No.1 page No.111 vide Ex.R-7(colly) in which it has been mentioned at S.No. 10 that the tentative cost of the house/shop fixed at Rs.30,100/-. and at Sl. No. 15 it has also been mentioned that enhanced land compensation as intimated as Rs.1583/-, Rs.1050/- & 1427/-. It has also been mentioned at Sl. No.18 that the final cost/revised cost of House/Shop if any as per CRO letter comes to Rs.28,600/- As per performa No.2 at page No.112 it has been mentioned that on 30.11.1999 an amount of Rs.3000/- has been deposited by the complainant the in the E.N.Office. At page No. 117 it has been mentioned that:
Int. on Rs.3829/- w.e.f. 10/87 to 9/90 – 3 years@ 11% 1408/-
Add:Int. w.e.f 10/90 to 11/99 (9 yr. 2 M) 2260/-
Less: Amt. received on 30.11.199 3000 Balance 30.11.1999 668/-.
7. After going through the evidence led by the parties, the complainant had paid an amount of Rs.5000/- on 30.11.1999 vide Ex.C1 but it has been wrongly mentioned as Rs.3000/- in page No. 112 & 117 vide Ex.R-7 (colly). This proves the deficiency in service on the part of the opposite parties. Keeping in view of the above submissions, the Commission is of the opinion that the complaint is allowed.
8. Opposite parties are directed to overhaul the account of the complainant and adjust the excess money which was paid by the complainant to the opposite parties on 30.11.1999. Opposite parties are also directed to make calculation and send the demand notice to the complainant for the balance amount , if any. Opposite parties are further directed to issue No Dues Certificate to the complainant for the House No. 1212, Ector-29, Faridabad. The opposite parties are also directed to pay Rs.2200/- as compensation on account of mental tension, agony and harassment alongwith Rs.2200/- as litigation expenses to the complainant. 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 concerned free of costs and file be consigned to record room.
Announced on: 08.02.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
