HOUSING BOARD HARYANA Vs. S.K. MALHOTRA

JUDGEMENT

(1.) By this judgment, RSA Nos.1776 and 1777 of 1992 shall stand disposed of as common issue needs consideration and the trial Court and the First Appellate Court also decided both the suits by a common judgments.

(2.) The issue which needs consideration is whether in the absence of any evidence, the Civil Court is bound to uphold the notices given by the Haryana Housing Board to its allottee seeking enhanced price of the houses allotted. Initially, the tentative cost of the MIG Houses, Gurgaon was notified as Rs.40,000.00 per house. However, at the time of advertisement, cost was increased to Rs.42,000.00 per house. In the year 1978, when the allotment was made, cost was notified as Rs.46,200.00. As per Clause 2(w) of the Allotment letter, Haryana Housing Board was entitled to enhanced cost in three eventualities:-

(3.) Haryana Housing Board issued notices to its allottees demanding the payment of extra amount of Rs.8300.00 each, thus, the enhancing price of the houses to Rs.54,500.00. The allottees through repeated communications, request letters and notices, demanded the details of the enhanced amount and also sought to know how the price of Rs.54,500.00 has been worked out. Since, the allottees failed to get any response, therefore, they filed two suits.