District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.281/2022.
Date of Institution: 26.05.2022.
Date of Order: 15.11.2023.
Harish Chandra Kathuria aged 78 years son of late Shri K.C.Kathuria, R/o H.No. 187, Sector-16, Faridabad.
…….Complainant……..
Versus
The Estate Manager, U.P. Housing & Development Board, Sector-16A, Hall No. S1, Vasundra Complex, Vasundra, Ghaziabad – 201001.
…Opposite party……
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. Arun Kumar Gupta, counsel for the complainant.
Sh. Atul Khatri, counsel for opposite party.
ORDER:
The facts in brief of the complaint are that in the year 1982 the opposite party advertised a proposed project of built up houses in Ghziabad and lured the complainant by way of advertisement to get a house booked and accordingly the complainant booked a house and paid the booking amount of Rs.7,000/- on 20.04.1982. The opposite party issued registration No. GZB/H-751 dated 18.07.1982 in favour of the complainant. Vide letter No. Nil dated 01.09.1987 the opposite party informed that due to increase in cost of acquirement, development and construction, the Board was not able to construct the house on the old price and so it had increased the price. In view of the above demand, the complainant, vide letter dated 20.10.1987, sent Rs.8750/- through bank draft dated 19.10.1987 of PNB, New Delhi, by registered post which was received by the opposite party on 27.10.1987. In view of the payments made as per demand of the opposite party, the opposite party vide letter No. 550 dated 07.02.1992 informed the complainant regarding holding of draw of allotment of flats on 18.02.1992. Had the second payment of Rs.8750/- not made by the complainant, his name in the draw must had not considered. The opposite party vide letter 1050 dated 07.03.1994 informed that allotment would take place on 24.3.1994 at 10:30a.m at Ghaziabad. As the complainant was in need of money, so he personally went to the office of the opposite party on 31.01.1997 and submitted his written request for refund of amount of Rs.15,750/- with applicable interest. Alongwith the application following documents were also attached:
a) 4th copy of challan of Rs.7000/- (original)
b) receipt of draft of Rs.8750/-
c) acknowledgement of draft received by you on 27.10.87.
d) application for refund of Rs.15,750/-
e) Registration card original.
Vide letter dated 06.03.2001, the complainant again requested the opposite party for refund of Rs.15,750/- with interest as he was in need of money for the marriage of his daughter. The opposite party received the request letter and put signature and stamp on the copy of the letter on 07.03.2001. The opposite party vide letter 16849 dated 01.09.2001 sent a bank draft bearing No. 442391 dated 29.06.2001 amounting to Rs. 14995/-. Vide letter dated 31.10.2001, the complainant acknowledge the receipt of the draft but pointed out wrong calculation of the interest on Rs.7000/- and also non receipt of the amount of Rs.8750/- with interest. He also requested for payment of balance interest and payment of remaining amount of Rs.8750/- with interest. The letter was deposited in the office of the opposite party on 31.10.2001 with proper signatures and rubber stamp. The complainant wrote many reminders/letters and paid personal visits to the opposite party office for refund of the balance amount of Rs.8750/- alongwith the applicable interest. The complainant sent legal notice dated 25.11.2020 to the opposite parties but all in vain. 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) refund Rs.8,750/- to the complainant with interest @ 18% from the date of deposit i.e. 27.10.1987 .
b) pay Rs.2,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs.50,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complaint was hopelessly time barred . The complainant admittedly had deposited the registration in the year 1982 and thereafter he alleged that he again sent a draft of Rs.8,750/- in the year 1987, which never been credited in the account of the opposite party thereafter slept never and never turned up despite intimation and demand letters sent to him for further payment of due installments. The present complaint was barred by time as the same had not been filed by the complainant within the period for limitation as prescribed by Section 69 of Consumer Protection Act, 2019. Admittedly the complainant was seeking the relief of refund of the amount allegedly paid by him in the year 1987. Moreover, the complainant had also not filed any application before this Hon’ble Commission for condonation of delay in filing of the complaint under reply and no reason whatsoever for the inordinate delay of about 35 years in filing of the complaint had been explained by the complainant. Opposite party 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 party–U.P.Housing & Development Board with the prayer to: a) refund Rs.8,750/- to the complainant with interest @ 18% from the date of deposit i.e. 27.10.1987 . b) pay Rs.2,00,000/- as compensation for causing mental agony and harassment .c) pay Rs.50,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW-1/A – affidavit of Shri Harish Chandra Kathuria, Ex.C-1` - registration certificate, Ex.C-2 – letter, Ex.C-3 – letter written by the complainant to opposite party regarding submission of draft, Ex.C-4 – registration deposit challan, Ex. C-5 – allotment of HG Houses, Ex.C-6 – not readable, Ex.C-7 – letter regarding refund of deposited amount of Rs.15,750 with interest,, Ex.C-8 – letter , Ex.C-9 – letter NO. 16849 dated 01.09.2001, Ex.C-10 to 17 – letters, Ex.C-18 –cancelled cheque, Ex.C-19 – Refund vouchure form, Ex.C-20- legal notice,
On the other hand counsel for the opposite party strongly agitated
and opposed. As per the evidence of the opposite party Ex.RW1/A – affidavit of Shri Sunil Kumar Sharma, Estate Manager, U.P. Housing and Development Board, Sector-16A, Hall No. S-1, Vasundhara Complex, Vasundhara Ghaziabad, ExRW1/1 – Ledger Account.
6. As per dictum of Section 69 of Consumer Protection Act, the District Commission is empowered to admit a complaint within two years from the date on which the cause of action has arisen. The present complaint is time barred under Limitation Act as the complainant admittedly had deposited the registration amount in the year 1982 and thereafter, he alleged that he again sent a draft of Rs.8750/- in the year 1987 which never been credited in the account of the opposite party whereas the complaint had been filed in the year 2022 i,e 26..05.2022 after expiry of 35 years.
7. Resultantly, the complaint is dismissed being time barred. Copy of this order be given to the parties free of costs and file be consigned to the record room.
Announced on: 15.11.2023 (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.
