STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA FIRST APPEAL NO. SC/6/A/1552/2024 WITH SC/6/IA/657/2025 (STAY) SC/6/IA/658/2025 (STAY)

THE SECRETARY HBH & ANOTHER PRESENT ADDRESS - PLOT NO. C-15, AWAS BHAWAN, SECTOR-6, PANCHKULA,HARYANA.

.......Appellant(s)

Versus SMT. SHEILA HAKHU W/O LT. SH. V.N. HAKHU PRESENT ADDRESS - PLOT NO. 401, GRAND VISTA, APARTMENT, GH-21, SECTOR-21-C, FARIDABAD,HARYANA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE T P S MANN , PRESIDENT MRS. MANJULA , MEMBER FOR THE APPELLANT:

SHRI RAJESH KAUL, COUNSEL FOR THE APPELLANTS.

FOR THE RESPONDENT:

SHRI ASHOK KUMAR, COUNSEL FOR THE RESPONDENT DATED: 09/03/2026

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.1552 of 2024 Date of Institution:29.11.2024 Reserved for Order:16.02.2026 Date of Pronouncement:- 09.03.2026

1. The Secretary, Housing Board Haryana, Plot No.C-15, AWAS Bhawan, Sector-6, Panchkula through its Chief Administrator.

2. The Secretary, Housing Board Haryana, Plot No.C-15, AWAS Bhawan, Sector-6, Panchkula.

3. The Executive Engineer, H.No.2196-2197, Housing Board Colony, Sector-28, Faridabad.

…..Opposite Parties/Appellants Versus Smt. Sheila Hakhu W/o Lt. Sh.V.N.Hakhu Flat No.401, Grand Vista Apartment GH-

21, Sector 21-C, Faridabad.

..…Complainant/Respondent CORAM: Hon’ble Mr. Justice T.P.S Mann, President.

Mrs. Manjula, Member.

Present:- Shri Rajesh Kaul, counsel for the appellants.

Shri Ashok Kumar, counsel for the respondent.

O R D E R

T.P.S. MANN J.

Delay of 127 days in filing the appeal is condoned for the reasons stated in the application for condonation of delay.

2. Opposite Parties-Housing Board Haryana and others, have filed the instant appeal under Section 41 of the Consumer Protection Act, 2019 for challenging the order dated 11.06.2024 passed by learned District Consumer Disputes Redressal Commission, Faridabad whereby complaint filed by complainant-Smt. Sheila Hakhu was allowed with directions:-

“In the interest of justice, the complaint is allowed. As per the latest Apex Court Law, Opposite parties are directed to refund the deposited amount alongwith interest @ 6% p.a. from the date of deposits till its realization. Opposite parties are also directed to pay Rs.5500/- as compensation on account of mental tension, agony and harassment alongwith Rs.5500/-

as litigation expenses to the complainant.”

3. The brief facts of the case are that the complainantapplied for a residential flat Type-A, at Faridabad vide application No.78240 alongwith requisite amount of earnest money i.e. Rs.2,04,000/-, which was deposited by the complainant on 14.06.2014 with the authorized banker i.e. Union Bank of India, NIT Faridabad. The complainant was informed by the OPs vide memo No.HBH/CRO(PM)/DEFENCE/2015/5957 dated 03.03.2015 that he was declared successful in the draw of lot which was held on 30.12.2014 against provisional registration No.1534/FBD65/T-A/UBI and also informed the final registration No.147.She was asked to deposit Rs.3,76,000/- (15% of advertised cost) within 30 days from the issue of the said letter and in case of failure to deposit Rs.3,76,000/-. The registration of the said flat will be cancelled and registration amount of Rs.2,04,000/- would be forfeited without notice. The complainant was also asked to submit the documents:-

i) An affidavit duly attested by the Executive Magistrate 1^st class to the effect of being serving/Ex-Defence and para military personnel of Haryana upto the rank of JCOs & equivalent, their widows or orphans.

ii) Proof of being resident of Haryana State.

iii) Documentary proof being serving/Ex-Defence and para-Military personnel of Haryana up to the rank of JCOs & equivalent and their widows or orphans.

The complainant deposited a demand draft of Rs.3,76,000/- vide demand draft No.629723 dated 28.03.2015 drawn on UCO Bank payable at Panchkulaalongwith abovesaid documents, which was received by the OPs on 30.03.2015. The complainant deposited an amount of Rs.5,80,000/- upto 30.03.2015. T