BIHAR STATE HOUSING BOARD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application the petitioner, Bihar Housing Board, through its Managing Director has impugned the order of the State Commissioner constituted under the Consumer Protection Act, 1986. dated 12.10.1988 by reason of which it directed the petitioner Board to reimburse the charges paid by Respondent no.3 for registration and earnest money and the price of the land to the complainant with an interest of 16% from the date of payment of the charge and price respectively. It also directed to reimburse the earnest money and the cost of the house at current market rate and further pay compensation of Rs. 1.50 lacs for the harassment caused to the complainant.

(2.) THERE is no denial of the fact that Respondent no.3, Sheo Nath Singh, deposited Rs. 50/ - with the Board in response to its advertisement inviting application for plots/house allotment. This deposit was made on 12.12.1972. Subsequently, he deposited Rs. 2000/ - on 20.10.1978 and ultimately on 15.7.1981 the Board allotted M.I.G. plot no. 4M/2 at Bahadurpur to Respondent no.

(3.) IT is pertinent to mention here that before moving the State Commission the Respondent no.3 moved this Court in writ application, which was disposed of on 4.5.1984 giving liberty to the Respondent no. 3 complainant to file a representation before the Housing Board and the Housing Board was also directed to dispose of the said representation in accordance with law. In compliance of the said order, the Respondent no.3 filed a representation which was rejected by an order dated 25.8.1988 on the ground that the allotment of the said land under Chairman 's quota was illegal inasmuch as that was in excess of the prescribed limit,