RECOVERY PROCEDURE IN CASE OF ALLOTTED PROPERTIES BY WAY OF MONTHLY INSTALLMENTS.
Housing Board Haryana generally allot flats/houses on hire purchase basis. In case of EWS Flats for BPL/EWS constructed by Housing Board Haryana in Private Licensed colonies, 50% of the cost is recovered before handing over possession of the flats and in other categories i.e. Economical Weaker Section, Lower Income Group, Middle Income Group & Higher Income Group, 40% cost is recovered before possession and remaining in monthly installments over a period of 10/13 years. Recovery is made through the Estate Managers who have been declared as Competent Authority under Chapter VI of the Haryana Housing Board Act, 1971 to take action against the defaulters. However online portal for recovery of monthly installment is under process from the allottees. At present, there are 10 Estate Managers in the State.
- The first installment is payable in the following month in which allotment letter is issued. (offline/online mode)
- Installments are deposited by the allottees directly in the Banks authorized by the Board.(Through online mode using ID and password)
- No cash is accepted in the Offices of the Estate Manager.
- Monthly Installments are payable by 10th of each month.
- In case Monthly installment is not paid by 10th, a show cause notice/ ST-I is issued by the Estate Manager for imposition of penalty.
- For nonpayment of installment upto last date of month/within the show cause period, penalty upto 25% of the amount due can be imposed by Competent Authority.
- Presently penalty @ 10%, 15%, 20% and 25% is imposed for the default of one, two, three and four months respectively.
- When the allottee is defaulter for more than 4 months then eviction proceedings are also initiated. (Copy of Show cause notice for eviction and eviction order is enclosed as ST-III and ST-IV).
- After the issuance of eviction orders, possession of the house is taken back in due course of law with the assistance of police, if required.
- Cases are also referred to the Collector for recovery of arrears as arrears of land revenue.
- The appeal against the order of imposition of penalty/eviction lies with the Deputy Commissioner of the District Concerned within 30 days from the date of order U/S 54 of the Haryana Housing Board Act, 1971. In case appeal of the allottee is accepted by the Deputy Commissioner, an additional restoration fee@10% of the total outstanding amount including penalty and interest amount, as on date of restoration is realized in full, before restoring the premise to the defaulting allottee.
- In case where possession of the house is taken back from the allottee, the amount is refunded as per clause 2(r) of the Hire Purchase Tenancy Agreement after forfeiting the total No. of installments due, from the date of allotment to the date of taking possession back of the house, penalty imposed and other wears and tears in the house etc. are also deducted from the amount refundable.
- After the receipt of Lump-sum payments/ all installments and other dues, if any, No Due Certificate is issued by concerned Estate Manager.
- After the issuance of No Due Certificate, the allottees are required to get the conveyance deed executed in their favour at their own expenses.
- The individual accounts of the allottees are maintained in the office of the respective Estate Managers and they should contact in the office of the Estate Manager to reconcile their accounts and to point out discrepancy, if any.
- Enhanced Land Compensation (ELC) and enhanced final cost demanded, if any, by the Estate Manager should be deposited within the stipulated period otherwise it attracts penalty as well as interest for the delayed period.
- Allottee can obtain annual account statement for the installments deposited by them from the office of the Estate Manager in the month of April every year.(online every time).
- Flats of Housing Board Haryana are covered under PMAY (U)/CLSS and allottee can take benefit of subsidy upto Rs. 2.67 lacs under CLSS through PLIs.
RECOVERY PROCEDURE IN CASE OF PROPERTY SOLD THROUGH E-AUCTION
- The intending bidder(s) shall have to deposit EMD @ 10% of the reserve price at the time of registration through online mode i.e. net banking, debit/credit card.
- Registration is free for BPL/EWS and charges Rs. 1000/-+ GST (as applicable) will be charged as registration amount for general properties.
- 25% of bid price (after adjustment of EMD) will be payable within 30 days from acceptance of bid.
- Balance 75% amount can be paid in lump sum without interest from the issue of allotment letter within 100 days or in 6 half yearly installments with 10% interest.
- In case, the allotment amount as mentioned 3(i) above is not deposited within stipulated period, then amount of earnest money deposited on account of EMD shall be forfeited without giving any notice.