District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.535/2021.
Date of Institution: 13.10.2021.
Date of Order: 10.08.2022.
Narender Singh Malik S/o late Pratap Singh Malik Vill & Post – Mokhra, The. – Meham, District – Rohtak, Haryana – 124022. Mob -9999727636, E-mail ID-nsmalik1965@gmail.com.
…….Complainant……..
Versus
1. The Secretary, Housing Board Haryana, Awas Bhawan, C-15, DGP Office road, Opp. General Hospital, Sector-6, Panchkula, Haryana – 134109, Phone – 0172 3585852.
2. Executive Engineer, H.No. 2191-92, Housing Board Colony, Sector-28, Faridabad, PIN – 121008.
…Opposite parties……
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.
PRESENT: Sh. Narender Kumar, counsel for the complainant.
Sh. Rajiv Rana, counsel for opposite parties Nos.1 & 2.
ORDER:
The facts in brief of the complaint are that the complainant had
applied for a Housing Board Haryana housing scheme for defence personnel and their dependents. Alongwith application form he deposited Rs.1,70,000/- through Punjab National Bank, Jharsa, Gurugram on 30.06.2014. The flat was allotted to him vide Housing Board Haryana Memo NO. HBH/CRO(PM)/Defence/2015/6176 dated 03.03.2015. The total cost of flat was Rs.17,90,000/-. Then he deposited Rs.3,17,500/- 15% of the advertised cost, through Punjab National Bank Delhi Cantt. Vide DD No. 444426. The amount alongwith all requisite documents were deposited on 21st March 2015. Thus he had deposited total amount Rs.4,87,500/-. After elapsing of two and half years he sent a e-mail to HBH for asking the progress of construction on 31.10.2017 and another similar e-mail on 09.11.2017. He wrote letters & email to HBH on 25.01.2018, 27.01.2018, 12.5.2018, 31.10.2018, 28.12.2018 and 08.04.2021 for cancellation of his allotment & requested to refund his deposited amount. Beside requesting to refund he also informed HBH for legal assistance on 31.10.2018. He waited for 2 years for refund but neither response nor the deposited amount had been received. On 28.01.2021 he wrote a RTI to provide him the list of allottees whose payment had been made after 16.5.2018. In response of RTI Housing Board Haryana vide their letter NO. HBH/CRO(PM)/2021/1000 informed him that required information could not be provided due to curiosity of third party. On 17.02.2021 he wrote an application to Hon’ble Chief Minister’s office requesting to refund his deposited amount. Further a similar letter was again written to CM office on 2.3.2021. Reply of both letters were received that refund would be paid on seniority of cancellation bases. It come to his notice that a judgement of similar complaint as mine was seen against complaint O. 212/2018 dated 14.05.2018 in respect of Shri Sarjit Sing S/o Shri Girdhari Lal Versus The Secretary, Housing Board Haryana judgement was issued on 02.04.2019 by Shri Amit Arora, President Consumer Disputes Redressal Forum, Faridabad.. 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 refund his deposited amount of Rs.4,87,500/- alongwith interest and compensation at the earliest please.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complainant had neither any cause of action nor locus standi to file the present complaint. It was submitted that the answering opposite party allotted the land measuring 7.5 acre vide Estate officer, HUDA, Faridabad memo No. 12641-43 dated 19.06.2014, Sector-65, Faridabad for the construction of multi-storeyed flats for defence personnel. Accordingly the possession of the land was handed over by the estate Officer, HUDA, Faridabad memo NO. 1169 dated 24.06.2014 and at the time of possession there was a Gas Godown building on the said land, which was pointed out the HUDA authorities to which they replied that the Gas Godown should be dismantled and removed and the site should be free from all encumbrances. On 11.07.2014 Godown was demolished by HUDA and 870% of the malba was also removed from the site. It was also assured by the Junior Engineer, HUDA that the rest of Malba should be removed from the site within 2 days, which was not removed afterwards. It was further submitted that the owner of the Bharat Gasw godown went ot the Hon’ble High Court against the demolition of Gas Godown by the HUDA through (CWP No. 10037 of 2014. The Hon’ble High Court on 14.07.2014 granted the stay to maintain the status quo by both the parties. The Hon’ble Court issued an interim order dated 07.10.2015 giving liberty to the petitioner to file representation before the appropriates authority within two months while maintaining the status quo between the parties. The matter was still subjudiced and there was no further progress in the said case. It was further submitted that the office of Executive Engineer, HUDA, Faridabad had been in regular tough with HUDA for solving the matter. The Executive Engineer, HBH, Faridabad vide office letter No. 5347 dated 05.12.2016 had asked Estate Officer HUDA, Faridabad for an early settlement of the case. Again the Executive Engineer, HBH, Faridabad vide office letter No. 5384 dated 09.12.2016 to the Senior Town Planner, Faridabad had requested for revised zoning of the group housing site. It was further submitted that the Executive Engineer, NBH, Faridabad had again requested to Administrator HUDA, Faridabad vide office letter No. 1752 dated 18.04.2017 to gie the revised possession of group housing land measuring 7.66 acre in Sector-65, Faridabad after division of land in 2 pockets i.e GH01 & GH-2 and leaving the disputed/stayed land approx. 1000 sq.yards encroached by M/s. Bharat gas godown. It was submitted that Administrator HUDA, Faridabad vide office letter NO. 3480 dated 12.05.2017 addressed to the Chief Administrated HUDA Panchkula, sent Zoning Plans of two pockets of GH set as GH site No.1 to GH site NO.2 alongwith the proceeding of zonal committee meeting for final decision from competent authority. From 12.05.2017 till now the case for approval of revised zoning plan was till lying with the Chief Administrator HUDA, Panchkula. Despite issuing several reminders from the Executive Engineer, HBH, Faridabad and CTP, HBH Panchkula to Administrator HUDA Faridabad and Chief Administrator HUDA Panchkula for approving the revised zoning plan of the sites of GH-1 to GH-2, Sector-65, Faridabad. But HUDA department had still neither approved the revised zoning plan nor it had got stay vacated form the Hon’ble High Court. So this office was completely helpless to start the construction work until the above formalities were completed by HUDA, It was submitted that the answering opposite party duly informed the complainant regarding the convert of site from Sector-2, 62, 75 to Sector-65, Faridabad vide letter No. 5737 dated 03.03.2015. 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 parties– Housing Board Haryana with the prayer to refund his deposited amount of Rs.4,87,500/- alongwith interest and compensation at the earliest please.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Shri Narender Singh Malik, Annx.A – brouchre, Annx.A-2 – letter dated3.3.2015, Annx.A-3 – email, Annx.A-4 – letter dated 25.01.2018, Annx.A-6 – letter dated 19/28.1.2021 regarding seeking information under RTI Act,, Annx.A-6 – letter dated 11.02.2021 regarding receipt: Grievance, order dated 02.04.2019 passed by the Hon’ble District Consumer Disputes Redressal Forum, Faridabad.
On the other hand counsel for the opposite parties strongly agitated
and opposed. As per the evidence of the opposite parties Ex. RW1/A – affidavit of R.A.Gautam, Estate Manager, Housing Board, Haryana, Faridabad, Ex.R-1 – Form alongwith tentative cost of flats and mode of payment,, Ex.R-2 – Order dated 07.10.2015 passed by the Hon’ble High Court of Punjab and Haryana at Chandigarh, Ex.R-3 - letter dated 06.06.2018, Ex.R-4 – letter dated 12.05.2017 regarding approval of construction of flats for defense person, Sector-65,Faridabad.
6. It is evident that the opposite parties failed to deliver the allotted plot to the complainant within a reasonable time for reasons beyond their control. There were encroachments in the allotted land and there was a court case alongwith stay on further development work.
7. In these circumstances, the complainant sees an uncertain future vis-à-vis the flat allotted to him and has prayed for refund of his money deposited with the opposite parties. The counsel for the opposite parties orally stated that they are ready to refund the deposited amount as per procedure and policy adopted by the Housing Board Haryana on filing of proper application for refund of deposited money as per procedure. There is no procedure detailed in the brochure except a note that states:
Notes:
(ii) the applicant will be governed by the Rules and Regulations as applicable at the time of surrender/cancellation/forfeiture.
8. As per the terms & conditions of Housing Board Policy, the deposit of unsuccessful applicants in the draw of lots will be refunded in full and will pay interest @ 5.5% p.a. for delay in draw beyond six months.
While taking a cue from the refund policy, the opposite parties are directed to pay to the complainant, jointly & severally, Rs.4,87,500/- alongwith interest @ 5.5.% p.a. from the date the last deposit was made . Opposite parties are at liberty to deduct the money from the deposited money as per refund policy of the Housing Board i.e. 10% of the registration amount deposited shall be forfeited by the Board.. There are no orders as to other costs. The complaint is allowed to the aforementioned extent only. Copy of this order be given to the parties free of costs and file be consigned to the record room.
Announced on: 10.08.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
