Haryana

Ambala

CC/244/2021

Rajesh Kumar Verma - Complainant(s)

Versus

Housing Board Haryana - Opp.Party(s)

Adesh Verma

20 Dec 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	244 of 2021
Date of Institution	:	13.08.2021
Date of decision	:	20.12.2023

Rajesh Kumar Verma S/o Sh. Nem Dass, aged 52 years, R/o Village & P.O.- Fatehgarh, Tehsil- Naraingarh, District- Ambala, (Haryana) (UID-2301-2804-0055)

……. Complainant

Versus

Housing Board Haryana through its Chief Administrator/Estate Manager, Plot No.C-15, Awas Bhawan, Sector-6, Panchkula.

….…. Opposite Party.

 Before:        Smt. Neena Sandhu, President.

                       Smt. Ruby Sharma, Member,

            Shri Vinod Kumar Sharma, Member.           

 

Present:        Shri Aadesh Verma, Advocate, counsel for the complainant.

                     Shri Amit Jain, Advocate, counsel for the OP.

                  

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To refund the amount of Rs.50,000/- alongwith 12% Interest till the date of realization.
2. To pay compensation to the tune of Rs.10,000/- for mental pain, agony and physical harassment.
3. To pay Rs.5,000/- as cost of litigation.
4. OR

Grant any relief which this Hon’ble commission may deems fit.

 

2.             Brief facts of this case are that the complainant has applied for allotment of EWS Flat for BPL Family at Ambala Cantt with the OP through proper channel which has been duly received in its office.  On receipt of complainant's application- Provisional Registration No.C/BPL/AMB/SHGB with Final Registration No.6 was allotted, but the OP  finally failed to allot the flat to the complainant. As such, the complainant approached the OP for the refund of the said deposited amount of Rs.50,000/- but the dealing person did not respond well to the request of the complainant and declined the claim. The OP has already received all the required documents from the complainant for refund of the deposited amount but the same has not been released till today. After waiting sufficiently the complainant got served the legal notice through his counsel on 17.09.2018. The OP  duly replied the legal notice dated 17.09.2018 vide their Letter Ref No. HBH/CRO(PM)/2018/0572 dated 11.10.2018 that "As regard the refund of your client Sh. Rajesh Kumar Verma S/o Sh. Nem Dass against Final Regn. No. 6, Ambala it is informed that no formal written request for refund has been received from your client in this office so far. In case your client Sh. Rajesh Kumar Verma S/o Sh. Nem Dass wants to take refund, then he has to apply for refund and further action will be taken as per Policy and Regulations of Housing Board Haryana". In compliance of above stated letter the complainant duly submitted the application dated 31.10.2018 for refund of deposited amount of Rs.50,000/- and the same has been duly received in the office of OP  on 31.10.2018 itself. After submitting the written application for refund of money the complainant after waiting sufficiently then again through his counsel got served another legal notice dated 03.06.2021 followed by various emails but the OP failed to refund the amount to the complainant.   The complainant is running Pillar to Post to get the refund of Rs.50,000/- illegally withheld by the OP but no steps were taken by it in the matter.  Hence, the present complaint.
3.           Upon notice, OP appeared and filed written version wherein it raised preliminary objections to the effect that the complaint of the complainant is not maintainable; the OP had never got title on the property in question etc.    On merits, it has been stated that the complaint is filed for payment of surrendered plot which is already in process and payment will be made on priority basis of surrendered plot/house as per list uploaded on the housing board website. It is correct to the extent that the OP allotted the EWS flat to the complainant but it is wrong that the OP failed to allot the flat to the complainant. Rest of the averments of the complainant were denied by OP and prayed for dismissal of the present complaint with costs.
4.           Learned counsel for the complainant tendered affidavit of complainant as Annexure CA and CA/1 (Aadhar Card) alongwith documents as Annexure C-1 to C-5, C5A/1 to C5A/3 and C-6 to C-9 and closed the evidence on behalf of the complainant. On the other hand, learned counsel for the OP tendered affidavit of Balbir Singh, Estate Manager of the OP- Housing Board Haryana as Annexure OP-A and closed the evidence on behalf of OP.
5.           We have heard the learned counsel for the complainant and learned counsel for the OP and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by not refunding the amount paid by the complainant till date, despite the fact that he sought refund of the said amount, vide letter dated 31.10.2018, Annexure C-5, as the OP failed to allot the flat in question, the OP is deficient in providing service.
7.           On the other hand, learned counsel for the OP while reiterating the objections and contentions raised in the written version submitted that this complaint is filed for payment of surrendered plot, which is already in process and payment will be made on priority basis of surrendered plot/house as per list uploaded on the housing board website. He further submitted that after making deductions as per rules and regulations complainant is entitled to get Rs.45,000/- and said amount will be paid to him, as per seniority list.
8.           It is coming out from the record that an amount of Rs.50000/- stood paid by the complainant to the OP vide receipt dated 20.01.2018, Annexure C-2 as registration amount, towards purchase of a EWS Flat under BPL category. It is further coming out from letter dated 21.03.2018, Annexure C-1 that thereafter the complainant was asked to make payment of Rs.50000/- on account of amount payable after draw of lots within a period of 30 days, as he was declared successful on 12.03.2018 for allotment of the said flat. However, thereafter, the complainant instead of depositing the said amount, served legal notice dated 17.09.2018, Annexure C-3 upon the OP seeking refund of the amount paid, which was replied by the OP vide letter dated 11.10.2018, Annexure C-4, whereby complainant was asked to move appropriate application seeking refund of the amount paid, in case the complainant wants to surrender the said unit. Resultantly, the complainant vide letter dated 31.10.2018, Annexure C-5 sought refund of amount of Rs.50,000/- on the ground that flat has not been allotted. However, when still the amount was not refunded, the complainant sent email dated 05.09.2020, Annexure C-5A/1 and also 14.09.2020, Annexure C-5A/2 to the OP, but amount was not refunded to him, as a result of which, he again served legal notice dated 03.06.2021, Annexure C-6 upon the OP seeking refund of amount paid to the OP but still amount was not refunded to him. In the written version and also during arguments, learned counsel for the OP submitted that refund is in process and the payment will be made to the complainant on priority basis of surrendered unit, as per list updated and uploaded on the housing board site. However the OP has failed to justify its stands of withholding the amount paid by the complainant for such a long time, especially when no unit has been allotted to him and he had  already sought refund of his amount vide letter dated 31.10.2018, Annexure C-5.  The complainant cannot be made to wait for an indefinite period on the whims and fancies of the OP.  Even otherwise, unlimited time cannot be granted to the OP to refund the amount and we do not hesitate to hold that it is liable to refund the same alongwith interest.
9.           The complainant has placed reliance on email dated 05.09.2020, Annexure C-5A/1 which shows that as per seniority list for refund for the year 2018, the  complainant was entitled to get refund of Rs.45000/- which was under process yet, the same has not been paid till date. Taking all these facts and circumstances into consideration, we are of the view that by withholding the amount of Rs.45,000/- till date, the OP has committed deficiency in providing service, thus OP is not only liable to refund the said amount alongwith interest but  is also liable to compensate the complainant for the mental agony and physical harassment suffered by him alongwith litigation expenses.  

10. In view of the aforesaid discussion, we hereby partly allow the present complaint and direct the oP, in the following manner:-  

•   To refund the amount of Rs.45,000/- alongwith interest @6% p.a., w.e.f 31.11.2018 (one month after refund request dated 31.10.2018, Annexure C-5) till realization.
•   To pay Rs.5,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
•   To pay Rs.3,000/-, as litigation expenses.

 

                The OP is further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OP shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

 Announced:- 20.12.2023

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President