Haryana

StateCommission

A/704/2023

HOUSING BOARD HARYANA - Complainant(s)

Versus

KRISHAN LAL S/O SH DES RAJ - Opp.Party(s)

VIJAY PAL

27 Jun 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                Date of Institution:05.07.2023

                                                          Date of final hearing: 31.05.2024

                                                     Date of pronouncement: 27.06.2024

 

First Appeal No.704 of 2023

 

1.      Chief Administrator, Housing Board Haryana, C-15, Awas Bhawan, Sector-6, Panchkula, Haryana.

2.      Estate Manager, Housing Board Haryana, Sonipat, Haryana

…..Appellants

•  

Krishan Lal S/o Sh.Des Raj, R/o Village:Seonsar, Tehsil:Pehowa, District-Kurukshetra, Haryana.…..Respondent

CORAM:             Mr.Naresh Katyal, Judicial Member

                             Mrs. Manjula Sharma, Member

 

Argued by:-       Mr.V.P.S.Namdev, Advocate for the appellants.

Mr.S.S.Mor proxy counsel for Mr.Pardeep Solath, Advocate for the respondent.

 

                                                ORDER

NARESH KATYAL, JUDICIAL MEMBER:-

          Challenge in this Appeal No.704 of 2023 of appellants/OPs have been invited to the legality of impugned order dated 20.10.2022 passed by District Consumer Disputes Redressal Commission, Panchkula(In short “District Consumer Commission”) in Complaint No.228 of 2021, vide which complainant’s complaint has been partly allowed.

2.      Factual matrix:OP No.1 issued advertisement in year-2013 for allotment of residential flats for persons living below poverty line at Sonipat. Total cost of flat was Rs.4,49,800/-.Complainant applied for allotment of EWS flat under BPL category at Sonipat vide application dated 22.08.2013. He availed loan of Rs.44,000/-from Sarv Haryana Gramin Bank, Park Road, Kaithal. He deposited Rs.44,000/- at the time of registration and acknowledgment dated 22.08.2013 was issued by OP No.1.His application was registered vide final registration No.2164 and draw of lot was held on 13.05.2014. He was allotted Flat No.E-231/SF, Housing Board Colony, Sector-18, Sonipat and was intimated vide memo No.HBH/CRO(PM) 2014/22337 dated 05.08.2014 by OP No.1.  He was asked to deposit Rs.44,000/- vide letter dated 05.08.2014. He collected money from near & dears and repaid amount of Rs.44,000/- taken as loan from Sarv Haryana Gramin Bank. Thereafter, bank vide letter dated 30.04.2015 issued No Objection Certificate/waivement of charge on flat. He further deposited Rs.49,500/- with OPs. He was issued allotment letter bearing No.5721 dated 20.12.2017 by OPs. Total amount deposited by him upto 20.12.2017 was Rs.93,500/-. He was not keeping good health and because of which his financial condition became very bad.  As per provisions of Haryana Housing Board Act 1971, Rules & Regulations framed thereunder as amended from time to time; allottee can surrender his flat within 30 days of allotment. Complainant being suffering from financial constraints decided to surrender the flat and vide letter dated 03.01.2018 and requested OP No.2 for refund of amount deposited by him. OP No.2 asked him to wait for 30 days for refund. He waited for several days; however,OPs did nothing. Due to ill health, he had no source of income; no employment due to COVID-19 Pandemic. He was running from pillar to post since January-2018; however, OPs are/were not returning amount deposited by him till date without any justifiable reason. Due to act and conduct of OPs;he suffered great financial loss and mental agony, harassment. On these pleas; complaint was filed.

3.       OPs/appellants raised contest. In defence, it is pleaded in preliminary objections that complaint is not maintainable; complainant has no cause of action; he has not come with clean hands and suppressed true material facts. No specific date for handing over possession of flat was mentioned, neither in scheme floated by Board nor in allotment letter of flat. There is no violation of any terms and conditions either of scheme or of allotment letter by OPs/appellants. Construction work of project could not be undertaken due to constraints beyond control of Board. Complainant has never approached OPs nor any request from him had been received. OPs have been engaged in projects wherein areas have been developed specifically,while keeping in mind category for EWS/BPL of Haryana, therefore, OPs have had no profit motive; rather have made mode of allotment easy for public at large whether it is in terms of payment of installments or application for obtaining flat under scheme. On merits, it is pleaded that complainant requested for refund on 03.01.2018 before OPs, which will be entered in seniority list of 2018. All other pleas and assertions made in preliminary objections have been reiterated. It is pleaded that there is no deficiency in service on the part of OPs and as such, complaint deserve dismissal.

4.      Parties to this lisled their respective evidence (oral as well as, documentary). On analysingit; learned District Consumer Commission-Panchkula vide order dated 20.10.2022 partly allowed the complaint and directed OPs to refund amount of Rs.71,500/- along with interest @ 9% (S.I.) w.e.f. 03.01.2018 i.e. date when complainant sought refund of amount. He has been awarded compensation of Rs.15,000/- on account of mental agony and harassment and Rs.5500/- on account of litigation charges. Feeling dissatisfied; unfazed and unsuccessful OPs have filed instant appeal.

5.      It would be apt to mention that complainant-Krishan Lal too has earlier filed his own appeal (F.A. No. 776 of 2022) thereby assailing order dated 20.10.2022 of learned District Consumer Commission-Panchkula vide which his complaint was partly allowed. In that appeal; appellants herein were proceeded against ex-parte vide order dated 03.03.2023. Complainant-Krishan Lal, in his appeal has prayed for enhancement of compensation. His appeal was dismissed vide order dated 05.05.2023 passed by this Commission. This Commission has considered clause 12 of regulations relating to refund as provided in Housing Board-Haryana (Allotment, Management and Sale of Tenements Regulations), 1972. It is reproduced below:-

“Clause 12. Refund of amount of initial payment-If the complainant withdraws his amount till the date of offer of houses by the Board, 10% of the amount deposited with complainant at the time of registration shall be forfeited to the board and balance refunded to him without any interest.”

 

          Based upon above;this Commission while dismissing appeal of complainant has recorded following observations:-

“Since the complainant had already sought refund of the deposited amount and as such the complainant was entitled for the deposited amount subject to some reservations.  Learned District Commission has rightly allowed the complaint partly and has in its own wisdom allowed him compensation and litigation expenses.

      Resultantly, the contentions raised on behalf of the present appellant stands rejected as having rendered no assistance and found to be untenable and the order passed by the learned District Commission does not suffer from any illegality or perversity and is well reasoned and accordingly stands maintained for all intents and purposes.  Hence, the appeal  stands dismissed.”

 

6.      Appellants herein, after dismissal of appeal of complainant have chosen to assail legality of same order dated 20.10.2022 passed by learned District Consumer Commission-Panchkula by filing present appeal, separately. It cannot be viewed that appellants herein have no knowledge of dismissal of appeal of complainant by this Commission through order dated 05.05.2023, at the time of filing their own appeal on 05.07.2023. Once, appeal preferred by complainant has already been dismissed on 05.05.2023 by this Commission and impugned order dated 20.10.2022 passed by learned District Consumer Commission-Panchkula has been affirmed, maintained and upheld with the observation that it does not suffer from any illegality or perversity then, in strict legal sense, in present appeal separately filed by appellants, legality of same order dated 20.10.2022 of learned District Consumer Commission-Panchkula cannot be reopened and questioned. Reason is obvious. Finality to impugned order dated 20.10.2022 of learned District Consumer Commission-Panchkula stood attached to it on account of dismissal of appeal filed by complainant-Krishan Lal vide order dated 05.05.2023 of this Commission. Learned counsel appearing for appellants herein could not project and put forward any justifiable reason/meaningful explanation in order to wriggle out from legal implication flowing from above factual scenario. In view of above, present appeal is also dismissed as order dated 20.10.2022 passed by learned District Consumer Commission-Panchkula has already been upheld, maintained and affirmed by dismissing complainant’s appeal No. 776 of 2022 vide order dated 05.05.2023 of this Commission. It is ordered accordingly.

7.      It is visible from zimniorder dated 22.12.2023 of this Commission, passed during pendency of this appeal that appellants herein have refunded Rs.66,000/- to complainant-Krishan Lal vide demand draft No.961843 dated 16.10.2023.Complainant-Krishan Lal can always enforce execution of order dated 20.10.2022 of learned District Consumer Commission-Panchkula for recovery of balance amount, if any, by adopting appropriate legal recourse.

8. Statutory amount of Rs.61,899/- deposited by appellants at the time of filing of this appeal is now ordered to be refunded to it (appellants) against proper receipt, identification and verification as per rules and regulations.

9.  

10.    A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.

11.    File be consigned to record room.

Date of pronouncement: 27thJune, 2024

 

 

                             Manjula Sharma                            Naresh Katyal                                          Member                                 Judicial Member

Addl. Bench-I                       Addl. Bench-I