Haryana

Bhiwani

CC/51/2020

Saroj Bansal - Complainant(s)

Versus

Housing board - Opp.Party(s)

Suraj

06 Dec 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.      51 of 2020

                                    DATE OF INSTITUTION:                 12.06.2020

                                                DATE OF ORDER:                            06.12.2023

 

Saroj Bansal wife of Sh. Rattan Lal R/o Murari Lal ki Gali, Ketan Panna, Bhiwani-127021.

 

            ……Complainant.

 

Versus

 

1.         Secretary, Housing Board Haryana, Plot NO.C-15, Aawas Bhawan, Sector-6, Panchkula-134109.

 

2.         Estate Manager, Housing Board Complex, House No.2008, MIG Sector-3 Sonepat-131001.

 

3.         Manager, Sarv Haryana Gramin Bank, Near HUDA Park, Bhiwani-127021.

 

….. Opposite Parties.

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

 

BEFORE:        Mrs. Saroj Bala Bohra, Presiding Member

Ms. Shashi Kiran Panwar, Member

 

Present:-        Sh. Suraj Chand Aggarwal, Advocate for complainant.

                      Sh. N.M. Sharma, Advocate for OPs No.1 & 2.

                      Sh. Hitender Panwar, Advocate for OP No.3.

 

ORDER:

 

Saroj Bala  Bohra, Presiding Member:

 

1.                     Brief facts of this case are that complainant vide application No.49617 applied for a Flat under EWS category and paid Rs.3100/- through OP No.3.  Complainant also paid Rs.88000/- for the flat.  Rs.44,000/- was paid through Demand Draft drawn at State Bank of Patiala, Bhiwani and other amount deposited  through OP No.3, qua the aforesaid amount.  Complainnat has alleged that after the year 2013 the OPs did not intimate him about the remaining installments till 11.06.2020 despite approaching them. Furhter, the OP-Housing Board intentionally wrote wrong and incomplete address of complainant for harassing her.  In this regard, complainant has also requested OP No.1 and other authorities  through e-mail  for getting possession of Flat No.395 GF, regn. No.105, Sector 18, Sonepa\rt, but of no avail.  Complainant has submitted that Rs.88000/- is still deposited with the OP-Housing Board. Hence, the present comlaint has been preferred alleging deficiency in service  and thereby causing harassment as well as monetary loss. In the end, prayer made for directions to OP-Housing Board to deliver possession of the Flat, to pay Rs.3.00 lacs on account of harassment besides litigation expenses.

2.                     Ops appeared through counsel and filed written statements.

3.                     Ops No.1 & 2 filed a joint written statement raising preliminary objections that the  complaint is not maintainable, no cause of action & locus standi to complainant, complaint is bad for non-joinder and mis-joinder of necessary parties and the complainant is estopped  by own act and conduct to file the present complaint.  The answering OPs have submitted that complainant had applied for EWS Flat (For BPL Families) which was allotted to the complainant vide allotment letter No.5527 dated 15.12.2017 and final regn. No.105 Flat No.395-GF at Housing Board Colony, Sector-18 Sonepat was allotted and information to complainant was sent vide letter dated 06.08.2014 but complainant failed to deposit the installments within prescribed period i.e. 30 days and to take the possession of the said Flat, hence, flat of complainant was cancelled vide CRO HBH, Panchkula vide letter no.6244 dated 11.10.2019 as per terms & conditions of allotment. However, before cancelling the same, show cause notice to complainant vide letter No.6308 dated 27.07.2018 of EM, HBH Sonepat  for depositing installments and to take possession of the said flat was issued to complainant.  It has submitted that due to financial crunches to refund the amount to all the applicants, hence, a seniority list was prepared to refund, which is available on website of the Housing Board and refunds are being made as per seniority list.  It has submitted that OP-Housing Board made all correspondence to complainant at her given/correct address. As such, there is no deficiency in service on the part of Ops and paryed for dismissal of the complaint with costs.  

4.                     OP No.3 filed its reply submitting that it is a financial institution and provides services of finance and its allied services. There is no direct involvement of the OP bank in the alleged allotment of EWS Flat to the complainant.  In fact, complainant only availed financial serviced through the OP Bank. The answering OP never intimated the complainant about the allotment process nor involve in allotment of the flat which is a concern of OPs NO.1 & 2 and thus OP No.3 bank has wrongly been impleaded as party to the complaint. In the end, prayer for dismissal of complaint has been made.

5.                     In evidence of complainant, documents Annexure C-1 to Annexure C-10 were tendered and closed the evidence on 01.04.2021.

6.                     Counsel for OPs No.1 & 2 tendered in evidence documents Annexure R-2 to Annexure R-6 and closed the same on 03.08.2023.

7.                     Counsel for OP No.3 tendered in evidence affidavit Ex. RW3/A and document Annexure R-1and closed the same on 17.02.2023.

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

9.                     It is proved on record that complainant deposited Rs.88,000/- with the OP-Housing Board and the same is admitted vide document Annexure R-4.  Furhter, the alleged flat was allotted to the complainant but possession of the same could not be delivered due to non-payment of remaining installment by  complainant. Ld. counsel for  complainant has argued that despite depositing of demanded amount, OP-Housing Board  has not deliver possession of the flat to complainant which is deficiency in service on their part and thereby cauased monetary loss as well as mental and physical harassment to complainant.  On the other hand, learned counsel for OP-Housing Board has argued that complainant failed to deposit the remaining installments of the flat, as such, the allotment was cancelled under the terms and condition of the policy.

10.                   Perusal of record reveals that the flat was got booked by complainant in the year 2013 by paying a sum of Rs.44,000/- and again Rs.44,000/- was deposited with OP-Housing Board on 19.09.2014 and the flat was cancelled in the year 2019. Prior to cancellation, only a letter  dated 27.07.2018 (Annexure R-6) has been issued to complainant by OP-Housing Board qua depositing of installment.  It is noticeable here that from the  year 2014 till the year 2018, no correspondence was made to complainant from the OP side qua depositing of the remaining amount.  Moreover, even after passing of such a long time neither possession of the flat was delivered to the complainant nor the amount was refunded. As such, there is deficiency in service on the part of OPs No.1 & 2 which caused the complainant monetary loss as well as mental and physical harassment. Hence, the complaint is allowed and OPs No.1 & 2, jointly and severally, are directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)        To refund Rs.88,000/- (Rs. Eighty eight thousand) to the complainant alongwith simple interest @ 9% per annum from the date of deposit of the amount(s) till its actual realization.

(ii)       To pay a sum of Rs.30,000/- (Thirty thousand) to the complainant as compensation for harassment.

(iii)      Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                                                                       

                        In case of default, the OP shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. The complaint is allowed accordingly.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.     

Announced.

Dated:06.12.2023.