CHANDIGARH HOUSING BOARD Vs. SUKHDEV SINGH

JUDGEMENT

(1.) This is an appeal filed by the Chandigarh Housing Board against the order dated 25.8.1999 passed by the District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh [for short hereinafter referred to as the District Forum-I] in Complaint Case No.187 of 1997, Shri Sukhdev Singh r/o H. No.2148/1, Sector 40-C, Chandigarh V/s. Chandigarh Housing Board, Sector 9, Chandigarh. The District Forum-I has directed the appellant to refund the amount of Rs.1,200/- initially deposited by the complainant/respondent on 7.1.1991 and a further sum of Rs.4,540/- deposited as first instalment on 8.6.1994. The District Forum-I has not awarded any interest or any other ancillary relief to the complainant. The appellant/opposite party was directed to refund the said amount within one month from the date of receipt of copy of the order. The appellant/opposite party was allowed to allocate/allot the shed in question to the person whosoever is eligible/entitled to the same as per rules. The facts giving rise to this appeal may briefly be narrated as under.

(2.) The complainant/respondent Shri Sukhdev Singh had applied for allotment of cycle shed. The application was submitted to the appellant/opposite party - Chandigarh Housing Board. The complainant/respondent had deposited a sum of Rs.1,200/- initially on 7.1.1991 against a receipt issued by the appellant vide its copy on record as Annexure C-1. The allotment of cycle shed No.225 in Sector 40-C, Chandigarh was made vide Allotment Letter No. HB (D)DA/aa3/93-94/643 dated 27.4.1984 costing Rs.18,000/-. A copy of the allotment letter was placed on record as Annexure C-2. The complainant deposited the first instalment of a sum of Rs.4,745/- comprising of Rs.4,540/- as the first instalment plus Rs.205/- as late fee. This amount was deposited by the complainant/respondent in the Bank of Rajasthan in the name of the appellant-Chandigarh Housing Board on 8.6.1994 at the direction of Chandigarh Housing Board. The remaining costs of cycle shed allotted to the complainant/respondent was to be paid in monthly instalments of Rs.230/- after the physical possession of the cycle shed was handed over to the complainant. The possession of the cycle shed was not handed over to the complainant on the ground that the complainant failed to comply with certain terms and conditions made in the allotment letter Annexure C-2 regarding which a reminder had been sent by the appellant on 1.7.1994 (Copy Annexure-1 ). The deficiency on the part of the complainant was pointed out in this reminder letter dated 1.7.1994 as under : "2. You have not furnished the following documents : (1) H. P. T. A. (2) Three specimen signatures duly attested by Gazetted Officer. (3) Attested copy of pay-in-slip of Rs.4,745/-.3. You are, therefore, requested to submit the above mentioned documents within 7 days from the date of issue of this letter to proceed further for release of possession of Cycle/scooter Shed No.225. " By another letter dated 17.8.1990 (Annexure O-2), the appellant-Chandigarh Housing Board wrote to the complainant/respondent that a sum of Rs.225/- was outstanding against him on account of watch and ward charges for the period from 27.4.1994 to 31.8.1994. The complainant was required to deposit the said amount in five days from the date of issue of letter. The complainant/respondent sent a reply Annexure O-3 disputing claim of the Chandigarh Housing Board/appellant to charge watch and ward charges on the ground that the possession of the shed was still with the Chandigarh Housing Board. The reply of the complainant/respondent did not satisfy the appellant and eventually a notice (Copy Annexure O-6) was served on the appellant by the complainant/respondent through his Advocate Mr. O. P. Madan on 17.11.1995 contending, inter alia, as under : "1. Now you are requested to presume notional possession of the said shed on 17.6.1994 the date on which the request was sent in black and white and charge watch and ward charges up to 16.5.1994 after deducting interest charges on Rs.5,945/- at the rate of 18% per annum.2. Or refund Rs.5,945/- plus interest at the rate of 18% per annum up to the date of payment and consider the said shed as surrendered. "

(3.) The appellant sent a reply to the Show Cause Notice vide Copy Annexure O-7, vide which it was mentioned, inter alia, as under : " (2) In this connection it is stated that the allottee was informed vide this office letter dated 5.10.1994 that a sum of Rs.375/- was due up to 31.10.1994 on account of watch and ward charges which he should deposit within a week. However, he has failed to do so. Hence, till he clears all the up to date dues, he cannot be handed over the possession. (3) In case the allottee wants to surrender above Cycle Shed No.225/40-C, Chandigarh, he may make a written and unconditional request under his signatures and the Board shall refund the amount due, if any, as per terms of allotment. "