Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                          Complaint No. : 363.

                                                          Instituted on     : 16.06.2017.

                                                          Decided on       : 01.03.2019.

Anil Kumar Jain s/o Sh. Dilbag Rai Jain, R/o Flat no.5106, Plot No.GH-4-A, Sector-20, Panchkula(Haryana) Age 59 years, Mb.No.9812443419.

                                                          ………..Complainant.

                             Vs.

The Government Employees Co-operative House Building Society Ltd., Near Railway Crossing of Asthal Bohar Railway Station, Rohtak, through its President.

……….Opposite party.

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

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.       

                   SH. VED PAL, MEMBER.

                   DR. RENU CHAUDHARY, MEMBER.

Present:       Sh.Parveen Phougat, Advocate for the complainant.

                   Sh. K.S.Nehra, Advocate for opposite party.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                          Brief facts of the case are that the complainant purchased a plot bearing No.350 from the opposite party being Govt. Employee and made payment of Rs.5.50 lacs as full and final consideration cost of the plot. That the rate of interest was charged @ 18% on the arrears and the complainant had to deposit Rs.111952/- as interest and the complainant deposited Rs.63850/- as interest out of the total interest i.e. Rs.111952/- and the balance amount of interest remained as Rs.48102/-. That in the meantime opposite party reduced the rate of interest from 18% p.a. to 12% p.a. vide its order No.GECH BS/2009-10-11/350 dated 15.05.2009 and on this, when the interest amount was calculated , it came down to Rs.74634/- from Rs.111952/- and in this way balance interest towards complainant remained as Rs.10784/- as out of the total interest amount and the complainant had deposited the said amount of Rs.10784/- on 15/11/2009 i.e. prior to the last date fixed for deposit by the opposite party. That even after deposit of interest @ 12% p.a., the OP made a demand of Rs.37317/- vide letter No.GECHB3/2010-11/1066/1833/350 dated 18/08/2010 on the pretext that deduction was to be done only from the remaining interest and the complainant had to deposit interest amount of Rs.32068/- out of the remaining amount of Rs.48102/- and had failed to deposit the same within prescribed period and threatened the complainant that his allotment would be cancelled if he would not deposit the amount of Rs.37317/-. That complainant filed the complaint before the Hon’ble SCDRC, Panchkula which was dismissed on the ground of territorial jurisdiction and a civil suit was also filed at Panchkula which was withdrawn on 20.09.2016. It is further submitted that when the complainant was under process to file the present complaint before the Hon’ble Forum, the OP served  a notice dated 31.12.2016 regarding recovery of Rs.47468/- alongwith other dues outstanding against the complainant and alleged that amount of Rs.47468/- is amount of expenses on account of proceeding to defend the complaints filed by the complainant.  That the act of opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party may kindly be directed to issue no dues certificate after withdrawing all the demand notices issued by OP after 15.11.2009 and to pay compensation and litigation expenses to the complainant as explained in relief clause.

2.                          After registration of complaint, notice was issued to the opposite party. Opposite party in its reply has submitted that complainant failed to deposit the installments of EDC/IDC/Service Charges etc. within time so interest as per contract @ 18% p.a. were to be charged from the complainant and the interest calculated was debited to this account. That an amount of Rs.48102/-(Rs.111952/- less Rs.63850/- paid by him on 05.11.2008) on account of interest @ 18% was outstanding against him which the complainant  did not pay insptie of repeated requests by the society. That complainant deposited Rs.63850/- on 05.11.2008 out of total interest recoverable Rs.111952/- thus leaving a balance amount of interest of Rs.48102/- due to the society. That the Managing committee of the society in its meeting held on 15.04.2009 decided to reduce the interest of the members, who have not made the payment of dues of the society from 18% to 12%(simple interest.) Accordingly it was made clear to the complainant that if he wanted to avail the opportunity, he is required to deposit an amount of Rs.32228/- calculated at reduced interest  rate of 12% instead of Rs.48102/- @ 18% already outstanding against him. That the last date to avail the opportunity was 15.11.2009, which itself is admitted by the complainant but the complainant failed to deposit the amount of Rs.32228/- which was calculated at the reduced rate of interest of 12% p.a.  It is admitted that as per the decision of the management  dated 16.12.2016, a notice to deposit the amount of Rs.47768/- on account of expenses incurred by the Society in litigation alongwith other dues outstanding against him was served upon the complainant vide letter dated 31.12.2016 but the complainant failed to clear the dues. That No dues Certificate as demanded in respect of Plot No.350 cannot be issued till the complainant clears all the outstanding dues against him. It is prayed that complaint may kindly be dismissed with costs.

3.                          Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C2 and has closed his evidence on dated 20.11.2018. Ld. counsel for the OP has tendered affidavit Ex.RW1/A, documents Annexure-I to Annexure-IV in additional evidence and closed his evidence on dated 05.12.2018.

4.                          We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                          After going through the file and hearing the parties it is observed that it is not disputed that the amount of interest was reduced from 18% to 12% for the members of the society who have not paid the dues of the society. As per the copy of scheme placed on record as Annexure-II, the scheme was effective from the date of issue of proposal i.e. 15.04.2009. The complainant had already deposit the amount of Rs.63850/- as interest out of the total interest i.e. Rs.111952/- and the balance amount of interest remained as Rs.48102/-. As such, as per the proposal dated 15.04.2009 of the opposite party, he was required to deposit an amount of Rs.32228/- calculated at reduced interest  rate of 12% instead of Rs.48102/- already outstanding against him. But the complainant demanded to reduce interest from 18% to 12% on the total amount which has already been paid by him before 15.04.2009, for which he is not entitled as per scheme of the opposite party. As such present complaint stands dismissed with no order as to costs. 

6.                         Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

01.03.2019.

                                                          ................................................

                                                          Nagender Singh Kadian, President

                                                          ..........................................

                                                          Ved Pal Hooda, Member.

                                                                        ……………………………….

                                                                        Renu Chaudhary, Member.