Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                             Complaint No. : 43

                                                                             Instituted on     : 22.01.2020

                                                                             Decided on       : 27.07.2023

Richapal Singh S/o Mange Ram R/o Village-Mahmoodpur, Teh-Gohana, District Sonipat.

                                                                             .......................Complainant.                                                           Vs.

The Secretary, The Housing Board Haryana, C-15, Awas Bhawan, Sector-6, Panchkula(Haryana).

……….Opposite party.

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

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR. VIJENDER SINGH, MEMBER.

Argued:       Sh. Rinku Jangra, Advocate for the complainant.

                   Sh. Joginder Singh Dhamija, Advocate for the opposite party.

                                                ORDER

VIJENDER SINGH, MEMBER:

1.                Brief facts of the case as per complainant are that he had applied for serving/Ex-defense and Para Military Personnel of Haryana upto the rank of JCOs & equivalent and their widows or orphans under 19 stations i.e. total numbers of 6848 flats through the opposite party. Complainant applied for flats in Sampla Station and deposited an amount of Rs.1.69 lacs in the office of the opposite party. It is further submitted that draw was conducted and the complainant was allotted a  Provisional registration no-526/Sampla/T-A/PNB and final registration no-376/Sampla and he asked to deposit 15% amount payable after draw i.e. 2.54 lacs. The said amount was deposited by the complainant.  Hence a total amount of Rs.4,23,000/- was deposited by the complainant. The opposite party cancelled the allotment without any intimation to the complainant and also deducted 10% of the registration amount deposited is also forfeited by the Housing Board. It is further submitted that opposite party had issued a cheque of Rs.4,06,100/- in favour of the complainant and the opposite party did not pay the total amount deposited by the complainant with interest. The complainant also sent a legal notice on 20.12.2019 but till the filing of the present complaint nothing has been done by the opposite party. As such, there is deficiency in service on the part of opposite party. Hence this complaint and it is prayed that opposite party may kindly be directed to refund the remaining amount deposited by the complainant in the office of opposite party, from the date of deposit till payment with interest and also to pay an amount of Rs.50,000/- on account of harassment and also to pay Rs.5500/- on account of litigation expenses to the complainant.

2.                After registration of complaint, notice was issued to the opposite party. Opposite party in its reply has submitted that as per application dated 30.03.2018 for refund of amount deposited by him, the complainant has already been refunded the amount of Rs.4,06,100/- through cheque No.056005 dated 22.10.2019 drawn on Oriental Bank of Commerce, Sector-8, Panchkula by the Accounts Officer, Housing Board Haryana, Panchkula memo No.HBH/Acctt-III/2018/4272-73 dated 29.10.2019 as per terms and conditions of allotment letter and Housing Board Haryana(Allotment Management and Sale of tenements) Regulations, 1972. It is also submitted that the complainant deposited Rs.1,69,000/- as Earnest money with application and deposited 15% of tentative cost amounting Rs.2,54,000/- totaling Rs.4,23,000/-. But as per terms and conditions of allotment letter, 10% amount of Rs.16,9000/- of registration amount has been forfeited and balance amount of Rs.406100/- has been refunded to the complainant. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.

3.                Ld. Counsel for the complainant in his evidence has tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C9 and closed his evidence on dated 08.08.2022.  Opposite party has failed to produce his evidence, as such its evidence has been closed vide order dated 03.07.2023 of this Commission.

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

5.                In the present case, the contention of ld. counsel for the complainant is that complainant was allotted a flat by the opposite party and he deposited an amount of Rs.423000/- to the opposite parties. But the said allotment was cancelled by the opposite party without any intimation to the complainant. Opposite party refunded the amount of Rs.406100/- but has forfeited the amount  of Rs.16900/- i.e. 10% of the registration amount. On the other hand, contention of the opposite party is that the said amount has been forfeited as per terms and conditions of the allotment letter.

6.                We have observed the copy of allotment letter placed on record as Ex.C4 dated 10.02.2015, as per which, complainant was directed to deposit a sum of Rs.254000/- on account of amount payable after draw of lots within 30 days from the issue of this letter failing which registration shall be cancelled without notice by forfeiting 10% of the registration amount. Through this letter, complainant was also directed to submit some documents. In compliance to the same, complainant vide its application Ex.C3 has deposited the draft of Rs.254000/- alongwith some documents and which has been received by the opposite party on 10.03.2015. Meaning thereby, all the documents and draft of Rs.254000/- was deposited by the complainant within the prescribed period of 30 days. Hence the act of opposite party of forfeiting the 10% amount of earnest money is illegal and amounts to deficiency in service. Remaining amount has been refunded by the opposite party on dated 22.10.2019. Hence the opposite party is liable to refund the earnest money forfeited by the opposite party alongwith interest from 22.10.2019 to till its realization.

7.                In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite parties to refund the amount of Rs.16900/-(Rupees sixteen thousand and nine hundred only) alongwith interest @9% p.a. from dated 22.10.2019 to till its realisation and also pay Rs.5000/-(Rupees five thousand only) on account of deficiency in service  and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.  

8.                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:

27.07.2023.

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                                                          Nagender Singh Kadian, President

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

                                                          Tripti Pannu, Member.

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                                                          Vijender Singh, Member