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CHB ordered
to refund money
Tribune
News Service
CHANDIGARH, July 14
The UT Consumer Disputes Redressal Forum-II has
come down heavily on the Chandigarh Housing Board (CHB)
for gross delay in delivery of possession of a dwelling
unit.
In his complaint, Mr
Kapoor Singh Grewal contended that he had applied for
allotment of HIG flat in Sector 43-B, Chandigarh, under
the scheme floated by the CHB for retired/retiring
employees of Punjab, Haryana, UT, Central Government
undertakings on March 10, 1986. The tentative cost of the
flat was Rs 2.25 lakh against the covered area of 1300 sq
ft. He further stated that he was issued an allotment
letter dated August 30 as he was successful in the draw
of lots and was allotted dwelling unit no. 1238/2. He
alleged that he had completed all the formalities and
made all the requisite payments in terms of the allotment
letter but in spite of that the CHB failed to deliver the
possession of the house and there was no valid reason for
it. The possession of the same was delivered to him after
several years on March 17, 1994. Besides, the CHB
recovered an extra amount of Rs 43,871 plus Rs 12,439.
The complainant thus
sought refund of these amounts and compensation for delay
in possession and unnecessary harassment.
In its reply, the
housing board stated that in pursuance of the allotment
letter issued to the complainant, he had sought extension
of three months for depositing the amount as he was
unable to raise the funds. This extension was granted to
him up to December 27, 1989, subject to payment of
interest, normal monthly installments, watch and ward
charges. In the meantime, the CHB came to know that the
complainant had sold the house to Mrs Susheel Kaur by
executing the power of attorney etc and it is this lady
who had deposited Rs 57,350 on December 14, 1989, which
was also short as other dues had become payable by then.
Subsequently, a letter
dated March 7, 1990, was issued to the complainant to
cancel the special power of attorney in favour of Mrs
Susheel Kaur and to explain his relationship with her. In
pursuance, the complainant furnished the letter dated
April 10, 1990, inter alia, saying that the power of
attorney had been cancelled and that Mrs Susheel Kaur was
his cousin. The complainant was then vide letter dated
December 19, 1990, asked to submit the original
affidavit. It was on January 5, 1993, that the
complainant was asked to furnish his affidavit along with
the affidavit of Mrs Susheel Kaur. The same were
deposited on February 1, 1993, and on deposit of Rs
43,971, it was decided to deliver the possession of the
house to the complainant along with deposit of another
amount of Rs 12, 439 , which had also become payable by
then. The complainant deposited the said amount on March
15, 1994, and thereafter the possession slip dated March
17, 1994, was issued and the physical possession was
handed over to the complainant on March 18, 1994.
The Forum bench
comprising its President, Mr R.P Bajaj, and member, Mr
H.S Walia, after going through the records found that
condition No.5 of the allotment letter dated August 30,
1989, provides that the possession of the dwelling unit
would be handed over to the complainant on the receipt of
the money and the documents referred to in clause 3 of
the letter. A sum of Rs 57,384 was to be deposited within
30 days of the issue of the letter. As per condition No.
5, the complainant was required to pay Rs 50 as watch and
ward charges till the date of actual possession. The
complainant had on September 29, 1989, sought an
extension of three months for the payment of the demanded
amount which was granted to him on October 12, 1989. The
complainant deposited Rs 57,350 on December 14, 1989, but
by then Rs 1,256 more had fallen due which the
complainant paid on January 28, 1990. The Housing Board
then took up the case to verify if the complainant had
transferred his dwelling unit to Mrs Susheel Kaur because
the transfer of the flat for 10 years was prohibited
under the terms and conditions of the allotment. The
complainant conveyed the cancellation of the special
power of attorney in favour of Mrs Susheel Kaur in his
letter dated April 10, 1990. The complainant was told to
submit the original affidavit on December 19, 1990. The
Housing Board had by then decided not to take any action
for the cancellation of the allotment on account of its
alleged transfer to Mrs Susheel Kaur.
The Forum observed that
the complainant had given the necessary information
sought from him on April 19, 1990. The matter was not
dealt with promptly and the CHB took a period of eight
months and asked the complainant to produce the original
documents on December 19, 1990. The matter was again put
in the cold storage and it was on April 12, 1993, after a
period of more than two years and three months that the
complainant was asked to deposit another amount of Rs
43,871 by April 28, 1993, and the complainant paid the
amount on April 16, 1993. The matter was again
inordinately delayed for a period of 11 months and the
CHB wrote a letter dated March 8, 1994, to the
complainant to pay another amount of Rs 12,439, which the
complainant did on March 15, 1994, resulting in the issue
of possession slip on March 17, 1994, and delivered the
possession on March 18, 1994.
The Forum held that the
CHB had committed a delay of three years and ten months
in handing over the possession of the flat to the
complainant. The forum further maintained that during
this period the Housing Board remained totally silent and
took no action whatsoever to get further information or
clarifications from the complainant. They observed that
the delay was absolutely unwarranted and it deprived the
complainant of the fruits of investment made by him and
he was put to harassment.
The CHB has given no
explanation for the realisation of the amount of Rs
43,871 paid by the complainant on April 16, 1993, and
another amount of Rs 12,439 deposited by him on March 8,
1994. They held the Housing Board guilty of deficiency in
service for delaying the delivery of possession to the
complainant. There was also no justification to charge
watch and ward charges from the complainant for that
period of delay.
The Forum, therefore,
allowed the complaint with costs of Rs 5,500 including
compensation for harassment and costs of the case. They
further directed CHB to pay interest at the rate of 18
per cent per annum on the amounts deposited by the
complainant from the respective dates of deposit till
March 18, 1994. The CHB will also refund the amount of Rs
56,300.
Transfer
of phone
The UT Consumer Disputes
Redressal Forum-I has imposed costs of Rs 1,500 on the
Telecom Department for delay in the transfer of a
telephone in the name of a complainant.
In his complaint, Mr D.P
Jindal has stated that he had applied for transfer of
telephone No: 42808 installed at his residence on the
name of his son, Parmod Kumar Jindal, to his name on May
16, 1994.
Subsequently, Commercial
Officer-I ( Telephones), Sector 8, asked him to submit
Annexure-II duly attested by the 1st Class Magistrate and
a copy of the certificate showing education
qualification/LIC policy showing the relation between the
transferrer and the transferee.
He further stated that
he had submitted the original certificate issued by the
Principal, DAV Senior secondary School, Sector 8, but the
same was sent back and he was asked to furnish attested
copies of the educational certificates issued by the
board or the university. Even though all the documents
were submitted by him vide his letter dated August 8,
1994, the telephone was not transferred from the name of
his son to his name.
A notice was issued to
the telecom authorities, who appeared and filed the
reply. They pleaded that the application submitted on May
16, 1994, but the documents furnished by him were
incomplete, so after receiving the same from the
complainant, his case was processed and the change of
name was effected on September 27.
After going through the
records, the Forum bench, comprising its President, Mr
H.C Modi, and members, Dr R.K Behl and Ms Shashi Kanta,
observed that the complainant had completed all the
formalities and submitted the documents on August 16,
1994, but no reason had been assigned by the opposite
party for the delay thereafter in transferring the
telephone in the name of the complainant up to September
27, 1995. They held that it was the incumbent duty of the
Telecom Department to have processed the case of the
complainant with regard to the transfer of the telephone
to the name of the complainant, but since the same was
not transferred the complainant had approached the Forum
and the change was affected only thereafter on September
29, 1995. Hence, it would be just and adequate if the
complainant is awarded Rs 1,500 as compensation on these
counts.
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