Haryana

StateCommission

A/312/2015

HOUSING BOARD,HARYANA - Complainant(s)

Versus

KRISHAN LAL WALIA - Opp.Party(s)

SATYAWAN AHLAWAT

15 Jul 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :       312 of 2015

Date of Institution:       01.04.2015

Date of Decision :        15.07.2015

 

1.      Estate Manager Housing Board Haryana, Sector 4, Kurukshetra.

2.      Chief Administrator Housing Board Haryana C-15, Awas Bhawan, Panchkula.

                                      Appellants-Opposite Parties

Versus

 

Krishan Pal Walia s/o late Shri Ram parkash Walia, Resident of House No.2080, Sector-7, Housing Board Colony, Kurukshetra.

                                      Respondent-Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:               Shri Satyawan Ahlawat, Advocate for appellants.

                             Shri Pardeep Solath, Advocate for respondent.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

This Opposite Parties’ appeal is directed against the order dated December 3^rd, 2014, passed by District Consumer Disputes Redressal Forum (for short ‘District Forum’), Kurukshetra. For ready reference, the operative part of the order is reproduced as under:-

“……we accept the present complaint and direct the Ops to charge an amount of Rs.2523/- only as interest on the above mentioned delayed payment from the amount of Rs.16,100/- deposited by the complainant and to refund the remaining amount alongwith interest @ 9% per annum from the date of deposit i.e. 2.4.2010 within a period of 30 days, failing which complainant will be entitled to interest @ 18% on the above said amount from the date of deposit till actual realization. We also direct the Ops to pay a sum of Rs.5000/- to the complainant as compensation for harassment etc”.    

2.      Housing Board Haryana (for short ‘HBH’)-Opposite Parties (appellants) published advertisement in the newspaper ‘Dainik Jagran’ inviting quotations for sale of residential flats/houses/plots at different places in Haryana. Krishan Pal Walia-complainant (respondent herein) applied for a house in the Urban Estate, Kurukshetra. The price of the house was Rs.15.00 lacs. He deposited Rs.2,02,500/- and Rs.22,500/- (total Rs.2,25,000/-), that is, 15% of the price of house, vide two Demand Drafts No.387268 and 384277 dated November 18^th and 19^th, 2009 respectively.  He was allotted House No.2080, Sector-7, Kurukshetra, admeasuring 101.87 Square yards vide allotment letter dated December 17^th, 2009. As per conditions of the allotment letter, 25% of the total price was to be paid within 30 days from the issue of allotment letter and the remaining 60% of the sale price was to be paid either in lump sum within 60 days from the issue of letter or in 120 monthly instalments of Rs.11,923/- each for a period of 10 years, with interest at the rate of 10% per annum including insurance charges. The complainant paid the total price of the house within 60 days from the issue of allotment letter details of which are as under:-

Sr.No.	Date of deposit	Date of deposit	Price of deposit	Amount in Rs.
1.	18.11.2009	By demand draft	HBH, Panchkula	2,02,500
2	18.11.2009	By demand draft	HBH, Panchkula	22500
3	29.12.2009	cash	A/c HBH KKR in PNB Ratagal	36,000
4	05.01.2010	cash	A/c HBH KKR in PNB Ratagal	34,000
5	09.01.2010	cash	A/c HBH KKR in PNB Ratagal	49,000
6	11.01.2010	cash	A/c HBH KKR in PNB Ratagal	87,000
7	13.01.2010	By cheque	A/c HBH KKR in PNB Ratagal	52,000
8	14.01.2010	By cheque	A/c HBH KKR in PNB Ratagal	25,000
9	16.01.2010	cash	A/c HBH KKR in PNB Ratagal	1,03,923
10	06.02.2010	By cheque	A/c HBH KKR in PNB Ratagal	11,923
11	13.02.2010	By banker cheque/DD	A/c HBH KKR in PNB Ratagal	8,76,154
			Total:	15,00,000

 

 

3.      He demanded ‘No Dues Certificate’ (NDC) from the HBH vide letter dated February 15^th, 2010. Instead of issuing NDC, the HBH vide letter dated April 2^nd, 2010 demanded Rs.16,069+3660 insurance charges(Rs.19,729/-), as outstanding dues against the above said house. Since the complainant was in need of NDC, he deposited the above said amount of Rs.19,729/-. He sought information of the above said demand which the HBH failed to supply.

4.      The complainant filed complaint under Section 12 of the Consumer Protection Act, 1986.

5.      The HBH-Opposite Parties contested complaint by filing reply. It was stated that the complainant failed to pay the entire price of the house within 60 days from the issue of allotment letter, so interest at the rate of 10% per annum was charged from December 17^th, 2009 to February 16^th, 2010 for 62 days and justified the recovery of Rs.16,100/- on account of interest.

6.      After evaluating the evidence of the parties, the District Forum accepted complaint and issued direction to HBH as detailed in paragraph No.1 of this order.

7.      The respondent-complainant has placed on the file the receipts showing timely deposits of payment in the bank of the HBH, as per the terms and conditions of the allotment letter dated 17.12.2009. If the bank of the HBH did not credit the same in the account of the HBH in time, the complainant cannot be held liable for the same. Yet taking into consideration a negligible delay of a day or two, the District Forum sufficiently compensated by calculating the interest of Rs.2523/-, which this Commission feels is sufficient. No ground to interfere in the impugned order is made out.

8.      Hence, the appeal is dismissed.

9.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the respondent-complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced 15.07.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL