Haryana

StateCommission

A/240/2019

HOUSING BOARD HARYANA - Complainant(s)

Versus

TARAWATI - Opp.Party(s)

ANIL KUMAR GARG

01 Sep 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA            

                                                First Appeal No.240 of  2019

Date of the Institution:08.03.2019

Date of Final Hearing: 01.09.2022

Date of pronouncement: 05.12.2022

 

1. Housing Board Haryana through Chief Administrator/Chairman Housing Board, Plot No.C-15, Awas Bhawan, Sector-6, Panchkula (Haryana).
2. Estate Manager, Housing Board, Haryana Sirsa.

                                                                   .….Appellants

Versus

 

Tarawati W/o Shri Krishan Lamba, R/o Village & PO Arnianwali, Tehsil and Distt. Sirsa.

                                                .….Respondent

CORAM:    S.P.Sood, Judicial  Member

                    Suresh Chander Kaushik, Member

                   

Present:-    Mr.Sikander Bakshi, Advocate for the appellant.

                   Mr.Dheeraj Narula, Advocate for the respondent.

 

                                                 ORDER

 

S P SOOD, JUDICIAL MEMBER:

          Delay of 107 days in filing the appeal is condoned for the reasons stated in the application for condonation of delay.

2.      The present appeal No.240 of 2019 has been filed against the order dated 16.10.2018 of the District Consumer Disputes Redressal Forum, Sirsa (In short “District Commission”) in Consumer Complaint No.40 of 2018, which was partly allowed.

3.      The brief facts giving rise for the disposal of the present complaint are that a housing scheme was launched by the opposite party-Housing Board, Haryana in which complainant has applied for a house. The tentative price of the house was Rs.7,50,000/-. The complainant deposited Rs.75,000/- as registration money and thereafter also deposited a sum of Rs.1,15,000/- i.e. 15% of the total price following draw of lot.  Allotment letter dated 07.10.2016 was issued to her.  She was allotted type B Tenement No.258 A having covered area of 46.071 sq. mtr in Sector 19-A Sirsa however in this allotment letter, the price of the said house was quoted as Rs.14,21,900/- and ELC of Rs.3,08,490/- i.e. a total sum of Rs.17,30,390/- instead of Rs.7,50,000/-.  The complainant was not able to make payment of monthly installment of Rs.11,303/- for 10 years.. The OP claimed Rs.23,698/- as interest money before providing the possession of the house, which was wrong and against the policy. Thus there was unfair trade practice on the part of the OP. Ultimately complainant  moved an application to OP No.2 to surrender of above plot and seeking refund of the amount deposited  by her, but, OPs did not pay any heed to the same. Faced with this situations, she served a legal notice upon the OPs, which was also duly replied by the OPs. Thereafter complainant requested for the refund of the deposited amount, but, they refused the claim of the complainant.

4.      Notice of the complaint was issued against the O.Ps.and the reply was filed, wherein the averments taken in the complaint were  strongly denied and strongly refuted and prayed for dismissal of the complaint.

5.      While taking the preliminary objection it was alleged that complainant has failed to execute the hire purchase tenancy agreement and did not come forward to take possession of the allotted Type B flat No.258 A in HBC, Sector 19 Sirsa within  period of 30 days of issuance of allotment letter dated 07.10.2016. A show cause notice dated 15.12.2016 was also issued to the complainant.  As per regulation, the allotment of flat was liable to be cancelled and 50% of the earnest money was also liable to be forfeited.  The complainant herself failed to pay the enhanced land compensation of Rs.2,38,987/- claimed by OPs vide their letter No.8454 dated 26.10.2015.

6.      On merits,  O.Ps admitted that the tentative price of the flat was Rs.7,50,000/- but  price of the flat was rightly shown as Rs.14,21,900/- in the allotment letter as it was the actual cost thereof.   The complainant has failed to pay the ELC amount.  After receiving the ELC letter, the complainant has deposited Rs.1,15,000/- being 15%  of the tentative price.  As per rules of HBH, the ELC could be claimed at any time. An amount of Rs.23,698/- were rightly claimed by OPs as monthly interests. Thus there was no deficiency in services on the part of the O.Ps. and prayed for dismissal of the complaint.

7.      After hearing counsel for the parties, the learned District Commission, Sirsa has partly allowed the complaint vide order dated 16.10.2018. Relevant portion is as under:-

“ In view of the statement of Sh.Rajbir Singh, Estate Manager and statement of learned counsel for complainant made at bar, the present complaint is disposed off with direction to the OPs to make refund of the deposited amount of the complainant with interest as per terms and conditions of the agreement arrived at between the parties at the time of allotment of the house and in accordance with law within a period of 90 days from the date of receipt of copy of this order, failing which the OPs shall be liable to pay interest on the payable amount @ 9% per annum from the date of this order till actual realization.”

8.      Feeling aggrieved therefrom, OP-appellants have preferred this appeal.

9.      Learned counsel for the appellants vehemently argued that as per rules and regulation of the Housing Board, Haryana, ELC (enhanced land compensation) can be claimed at any time.  Counsel further argued that as per Regulation No.13, The Housing Board Haryana (Allotment), Management & Sale of Tenements) Regulations, 1972, 50% of the amount of earnest money will be deducted by the housing board Haryana as per surrender policy of Board.  The learned District Commission has wrongly allowed the claim of the complainant.

10.    Learned counsel for the respondent vehemently argued that she applied for house vide registration No. 498/SRS/T-BHGB/General-Final Regn. No. 77 and at that time tentative price of the house was Rs.7,50,000/-, whereas as per allotment letter issued by OPs the price of the house was shown to be Rs.14,21,900/-.  In addition, the OPs illegally demanded Rs.3,08,490/- as ELC.  As per natural justice, the complainant was supposed to deposit Rs.7,50,000/- instead of Rs.14,21,900/- + Rs.3,08,940/-= Rs.17,30,390/-. Due to family circumstances, the complainant was unable to deposit Rs.17,30,390/- and requested OPs to refund the deposited amount along with interest.

11.    As per the admitted facts, this housing scheme was launched by the OPs -Housing Board, Haryana and after draw of lots, allotment letter was issued to her.  Perusal of the file shows statement of Sh.Rajbir Singh, Estate Manager was recorded which reveals that there was lapse of funds with the Housing Board, Haryana due to excessive cases of surrender and OPs were ready to refund the amount as per the rules and regulations. The learned District Commission has rightly disposed of the case endorsing that OPs will refund the deposited amount of the complainant with interest as per the agreement between the parties.

12.    Resultantly, the contentions raised on behalf of the present appellants stands rejected as 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.

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

14.    Applications pending, if any stand disposed of in terms of the aforesaid judgment.

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

16.    File be consigned to record room.

 

5th  December, 2022  Suresh Chander Kaushik                    S. P. Sood                                                         Member                                                         Judicial Member                            

 

S.K

(Pvt. Secy.)