LAWS(SC)-2021-12-124

COMMISSIONER, RAJASTHAN HOUSING BOARD Vs. HIRALAL CHANDA

Decided On December 11, 2021
Commissioner, Rajasthan Housing Board Appellant
V/S
Hiralal Chanda Respondents

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise from a judgment of the National Consumer Disputes Redressal Commission["NCDRC"] dtd. 4/10/2018. The NCDRC dismissed the revision petitions seeking to challenge the judgment of the State Consumer Disputes Redressal Commission, Rajasthan["SCDRC"] which in turn had affirmed the decision of the District Consumer Disputes Redressal Forum - Second, Jaipur["District Forum"].

(3.) The appellant launched a General Registration Scheme["Scheme"] in 1985 in pursuance of which the respondent submitted an application on 23/2/1985 for allotment of a Middle Income Group 'B' Category house in Jodhpur on a hire-purchase mode of payment, after depositing a registration amount of Rs.5,000..00 On 31/5/1985, the appellant issued a letter of confirmation acknowledging receipt of payment and confirming the registration of the respondent under the Scheme. According to the appellant, a reservation-cum demand letter was issued to the respondent on 3/9/1993, demanding seed money, which was to be deposited in three installments for the allotment of a house under the Scheme. The respondent disputes receipt of the letter on the ground that it was addressed to him at an earlier location which he had left. On the other hand, the case of the appellant is that the letter was addressed to the respondent at the place which was notified to the Housing Board. Be that as it may, on 15/4/1999, the appellant issued a communication to the respondent requiring the production of a challan for the deposit of the seed money in terms of the letter dtd. 3/9/1993. There is no dispute about the receipt of this letter since the respondent submitted a reply on 3/5/1999 by which he sought time of a month and a half to deposit the seed money. The case of the appellant is that on 26/7/1999, the respondent was once again called upon to produce proof of deposit.