Complainant by filing this complaint has submitted thathis only son Shri Boon Dey aged 24 years has been suffering from Cerebral Palsy and has been certified as 100 percent physically disabled person by the Superintendent, M.R. Bangur Hospital, Kolkata – 700033 is authorized by Kolkata Local Level Committee (under National Trust for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act 1999) to the present complainant. Accordingly complainants applied to the Housing Commissioner, West Bengal Housing Board (W.B.H.B.)Abasan 105, S.N. Banerjee Road, Kolkata – 700014, the sole op for purchasing of a dwelling unit in the Housing Scheme of Prantik Phase – VB MIG(U) at Thakurpukur on 26.08.2011 as complainant badly needed a ground floor flat for his son because it is not possible to carry his son by lap or by shoulder at the 1stfloor for his inability to walk and for feeling strained at this age to carry his son up and down through the stairs that is the main problem. The complainant for that reason filed the application and appeal to allot flat on the ground floor and deposited Rs. 1,50,000/- along with application form and they also submitted an affidavit regarding the present residence and all the relevant papers are also filed.
On 30.12.2011 complainant received a congratulation letter from Bank of Maharashtra that complainant has been allotted a flat by Prantik Phase – VB MIG (U)-M-4/3 and complainant went to the Housing Commissioner to enquire about it and op gave them assurance that allotment letter will reach at their present address within an immediate time. But after getting the aforesaid letter from the Bank of Maharashtra complainant informed that his son who expressed his joy with a cute smile and complainant understood that their problem shall be solved.
It is pertinent to mention here that before participating in the lottery allotment arranged by West Bengal Housing Board, complainant sent several letters to the Chairman/Commissioners’ of the op authority stating the entire fact with a prayer to allot him a flat in the ground floor of Phase-II of Thakurpukur Housing Project. But op did not pay any heed. Subsequently the Assistant Director (Social Welfare), Office of the Commissioner for Persons with Disabilities, Government of West Bengal also requested the Chairman of WB Housing Board for an allotment of a ground floor flat to them under WB Housing Board so that they got some relief for physical strain to maintain from such ill fated son. But despite this, complainants are deprived of that. So, complainants were highly shocked for their inhuman behavior and also their conduct.
After 15 days i.e. on 14.01.2012 complainant went to the office of the op to enquire to their flat. They are reported that their allotment of flat in the ground floor has been rejected but that has not been made by the op without complainant’s knowledge. But even after that the amount was not refunded to the complainant. Further it is submitted that complainant got allotment and they deposited application amount etc. and they are waiting for the flat for protection of their ill fated son. But even then complainant submitted prayer under RTI Act for allotment but same was not entertained and ultimately reported that it was rejected. But the case as shown is completely baseless and without any foundation.
Practically complainant’s prayer is that if they are not allowed the said residence already allotted in that case invariably they can claim the refund of amount with interest and also harassment cost etc. for the negligent and deficient and deceitful manner act on the part of the Government authority and in the above circumstances, complainant has prayed for allotment of the flat and direct the op to cancel or revoke the letter or to refund of money along with 15 percent interest for 3 years against the ops.
On the other hand op by filing written statement submitted that it is not a consumer dispute so that the claim cannot be adjudicatedby this Forum. But fact remains that complainant is a successful candidate in respect of the application made by the complainant and it is specifically mentioned that allotment was made by processing the lottery. So, the op authority has no foundation to choose any flat to any particular person and for that the complaint is not maintainable as the complainant applied for a flat in respect of the fact that the complainant has another flat in his own name.
It is further submitted that there is no scope on the part of the op to allot any flat on the ground floor but the flat which has beenallotted ought to have been allotted to the complainant but as because as per rule if a person already possess any flat he cannot apply for another flat and complainant admittedly owns a flat and he cannot apply for another flat and in this regard op produced the rules before the Ld. Forum which will show if a person of a family owns a Government flat he cannot apply. On the basis of the said rules op cancelled the said allotment which cannot be described a cause of negligent and deficient manner on the part of the op. Moreover the application money of Rs. 1,50,000/- has been refunded on 19.06.2014 vide cheque No. 3844 and in the circumstances, complaint should be dismissed.
Decision with reasons
After hearing the complainant and also the Ld. Lawyer of the complainant and op and further considering the letter of the op dated 03.02.2014 it is clear that op reported to the complainant that as per GIC of WB Housing Board Clause-2.4 a family who has already got MIG (U) flat in any project is not entitled to get another MIG flat and that is the ground for rejection of the said allotment. But most interesting factor is that WB Housing Board the op has failed to produce any document before this Forum to show that complainant has already got an allotment of MIG (U) in any project. But truth is that complainant has been enjoying an HIG flat of the Government Housing that is flat No. 1C-1/5, Thakurpukur Housing Estate, Phase– I, M.G. Road, Kolkata – 700014. But nowhere in the said letter it is mentioned that if any applicant already got an HIG flat, he is not entitled to any MIG flat in his own name.
So, apparently this letter simply proves that the op authority has failed to produce such document that complainant is possessing any MIG flat. So the ground for cancellation is completely not only illegal but purposeful and dishonest act on the part of the op and their officers. But peculiar factor is that on 06.12.2013 Assistant Housing Commissioner of WBHS reported to the complainant selection for provisional allotment of MIG(U) flat in the name of Bidhan Ch. Dey and SuchitraDey at Prantik Phase-VB on 08.06.2010 has been cancelled by the Housing Board but the reason is not noted.
So, apparently the entire act on the part of the WB Housing Board and their authority is no doubt immoral, illegal, uncalled for, arbitrary and dishonest act of the ops. Reason for cancellation must be mentioned when the flat was needed for a boy who has been suffering from CerebralPalsy and admittedly as per Government circulation he is 100 percent disable person and fact remains that as per National Trust for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act 1999, complainant has been appointed as authorized to act as guardian on said Shri Boon Dey aged about 25 years.
Peculiar fact is that allotment was granted in respect of flat No. M-4/3 of MIG (U) types of Thakurpukur Housing Project but no allotment paper was sent to the complainant. But peculiar fact is that after sometime when complainant prayed for getting possession etc. the same was cancelled. From the conduct of the ops, it is found invariably this WB Housing Board is a place of nest of doves after considering their document and it is clear that dishonest practice has been practiced by the authorities. Written version has been submitted before this Forum to prove that complainant has been possessing MIG (U) Flat already but no such document is filed or no notification is filed that if any person possesses any sort of flat of Government Housing, he is not entitled to get another flat of any nature i.e. Government Housing.
Another factor is that on 06.12.2013 when op reported the complainant about the cancellation that there was no material shown by the op for what reason it was cancelled. We are thinking whether the present op office demanded some money which has not been paid by the complainant for which cancellation is made or any other reason. But answer is zero always by the WB Housing Board, no doubt the act of cancellation is immoral activities and practically there is no administration which is proved from the letters of the ops and they have no moral values, honesty and discipline as the Government employees that is also proved. Written version has been filed by the op but no document is filed by the Government concerned asthey feel that their right is not to produce paper before the Forum and their decision is final and by adopting corruption they can do anything but Forum cannot enter into that matter. But after handling this case, we have gathered that dishonest practice has been adopted by the ops for which no material has been produced before this Forum to show what was the ground for cancellation as per Government Rules and Regulations.
Invariably such a Housing Board should be placed before an enquiry committee prepared by the Consumer Affairs Department to look into the matter how many persons have been enjoying more than one Government flat and how many persons who have possessed more than one Government housing flat has been informed that their second flat has been cancelled but that has been shown by the ops for cancellation in respect of the present flat op has stated same groundfor cancellation. But it was reported when RTI was filed that means corruption is there and dishonest staff are there for which the allotment letter was not sent to the complainant and thereafter when complainant repeatedly took such step this disputed letter dated 06.12.2013 was issued. But this Forum can any way control such sort of activities and dishonest practice as adopted by the said Housing Board becauseit is their legal duty to give this complainant that flat which was allotted to him when cancellation is an arbitrary act and purposefully it was cancelled.
Most interesting factor is that complaint was filed by the complainant before this Forum on 05.08.2014, notice was duly served upon them. Thereafter on 19.06.2014 vide cheque No. 3844 Rs. 1,50,000/- as alleged said amount was sent to the bank account of complainant. But peculiar factor is that no such cheque was sent to the complainant but it was somehow transmitted to its account without the knowledge of this Forum without praying before this Forum to get such relief so act of dishonest practice on the part of the op is proved that means only to save their black skin after receipt of the complaint and consultation of the Housing Board members to save their black skin, they sent the same without informing Forum without getting any order of the Forum and without any consent of the complainant, it is one kind of treacherous activities on the part of the Government employees. As because it is a government concern but for that reason only no direction cannot be given to such Government Establishment who are practicing fraud who are corrupted. Corruption is here and there, it is proved. So, in the light of the above observation, we are convinced to hold that ops without appearing before this Forum without submitting such prayer for refund, without order of the Forum in disguise, the amount of the complainant without sending any letter to the complainant send to his accountand the entire act has been done by the ops to defeat the Forum’s verdict and during pendency of this case. So, such sort of refund cannot be treated as valid refund in any way when the present proceeding is pending.
Fact remains that this Board/ops have their no morality, humanity, social approach and moral sanctity in their activities though they are discharging duties. It is fact that Housing Board always maintains a well-organizedtable for choosing their own men as allotee and to cancel the allotment of the bonafide applicants in such a manner and it is being continued for years together. This is an example and such sort of precedents are there for years together because in our country corrupt persons are controlling the vital part of allotment of building etc. If it would be properly detected by the honest Vigilance Board in that case many invitees shall not get allotment and in the particular case after allotment, allotment letter was not sent to other persons to get allotment letter and practically the flat M-4/3 was allotted to the complainant as per lottery that means invariably that may be allotted to the complainant. But that is not also being allotted.
So, considering all the above fact and circumstances we are convinced to hold first of all ops shall have to send his allotment letter at first, the amount which has been sent by the op to the complainant’s account shall be withdrawn by the op if it cannot be, complainant shall deposit the said by a fresh cheque and invariably ops shall have to make allotment of the flat to the complainant as per allotment if it is found that it is on the ground floor invariably op shall execute the sale deed giving possession after taking entire money. For any reason if it is found that allotment room or any other floor other than ground floor in that case it is the option of the complainant and if complainant does not want to take that allotment as per allotment number of the flat in that case only complainant shall have to get back the entire money.
But fact remains at first honest approach shall be shown by the ops by issuing allotment letter to the complainant at his address. Thereafter if there is no such rule, send such rule to the complainant informing that a person who has any Government Housing, he is not entitled to get any further allotment and send all those papers which shall be submitted before this Forum.
Moreover op shall be monitored by the Forum to check immoral, arbitrary activities of the op when the order of cancellation is found arbitrary nature and at the same time immoral in nature and at the same time the sending the money to the account of the complainant by the opis a malpractice because ops ought to have appeared before this Forum and submit the matter and so in this case this matter shall be decided by the Forum but the ops have no right to dismiss the claim of the complainant through their own process and honesty is a SINLnonqua of the Government employees in their daily duties. But probably in the present case same has not been established which is proved like mirror.
In the result the complaint succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest with cost of Rs. 10,000/- against the ops.
Ops are directed to issue a fresh allotment letter to the complainant in his address and a copy of allotment letter must be submitted to this Forum simultaneously in this case by the officer of the op. Thereafter ops shall have submit rules and regulations regarding cancellation of allotment before this Forum and prove that one person if possesses any Government Housing flat he is not entitled to get any other type of flat and after compliance of the order by the ops, this Forum shall decide whether the complainant is legally entitled to get such allotment or only entitled to refund of money.
This order is passed to give the complainants a chance to handover the entire amount and to comply the order fairly and op to place before this Forum the status of the complainant after allotment as per Government rule.
Ops are also directed to prepare a list of the Government Housing flat owners and their status whether they are enjoying two flats or not by a family and select of two flat holders and submit a report within two months and also to submit how many persons already got two flats in the name of his wife and husband and his son etc. and submit the same before this Forum before taking any step against this complainant.
The whole matter shall be monitored by this Forum only to unearth the actual position of allotment made by the Housing Board and to determine whether complainant’s rejection of allotment was at all justified in view of the present position of Housing Board Administration.
Ops are directed to comply the order positively within 15 days from the date of this order treating their cancel order is arbitrary in nature and thereafter comply every order and submit report by op. If it is not complied in that case ops shall have to pay a compensation of Rs. 4,00,000/- to the complainant for illegal cancellation the allotment of the complainant.
Send a copy of this order to ops for compliance within 15 days failing which penal action shall be started against them for which they shall be imposed penalty and fine.
