RATAN LAL Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) In response to an advertisement for auction of plots in Saket Nagar Colony, Beawar, the petitioner had participated in the auction and was declared the highest bidder in respect of plot No. 7 @ 245/- per sq. meter. The plot No. 7 measured 164.79 Meters and the price of plot was assessed as Rs. 40,351.50/-. As per the conditions of the auction, the petitioner had deposited 25% of the cost of the plot on the same date vide receipt No. 83/96 of Book No. 83/1985. The petitioner had been waiting for a communication from the respondent-Housing Board and had even personally contacted the respondent No. 2 in his office. The petitioner had sent number of letters on 15-7-1991, 13-8-1991, 6-9-1991 and 27-2-1992. The petitioner have been praying for handing over the possession. The petitioner had even approached the District Forum, Ajmer, by filing a complaint. During the pendency of the complaint before the District Forum, the respondents vide letter dated 25-11-1992, accepted the bid and issued the letter to the petitioner vide Annex. 4 on 25-11-1992. The respondent in addition to the price, charged interest @ 12% from 19-1-1990 to 18-11-1992 amounting to Rs. 13,179.51/- in addition to the interest another amount of Rs. 1,353/- was charged as legal expenditure.

(2.) The petitioner being aggrieved by the excess charges made by the respondent, moved the District Forum once again on 24-1-1993 praying that the petitioner cannot be made to suffer because of the delay and negligence, non-action or omission on the part of the respondent-Housing Board. Vide Annex. 5, the District Forum on 30th July 1993 accepted the plea of the petitioner and set-aside the charging of interest amounting to Rs. 13,719.51/- as well as the legal expenditure charged from the petitioner. The complaint was allowed in favour of the petitioner and against the respondent-Housing Board by further awarding Rs. 1,000/- as damages and Rs. 500/- of litigation. This Annex 5 was challenged by the Housing Board before the Rajasthan Dispute Redressal Commissioner, Jaipur, and the order Annex. 5 was stayed. The State Commission had finally heard the appeal of the Housing Board and the order Annex. 5 was set aside on 1- 11-1996 holding, that the petitioner was not a consumer, as the matter relates to the auction of the immovable property and it was directed that the complainant/petitioner should have his remedy either by filing a civil suit or the civil writ petition. Being aggrieved, the petitioner has filed the present writ petition. It is stated by the petitioner that he was always prepared to deposit the remaining balance auction-amount and only because of the reason the Department did not take any action from January 1990 to 25th Nov. 1992, the petitioner is not responsible for the delay and negligence of the Housing Board and as per the rules, the bid ought to have been accepted or rejected within one month of the date of the bid and if the Housing Board itself had taken two years in taking a final decision in accepting the bid, the petitioner was not liable to be penalised on that reason. Prayer has been made to quash the action of charging interest from the petitioner on the remaining amount, and further to hand over the possession of Plot no. 7 to the petitioner and to award further examplary cost against the respondents.

(3.) Despite number of opportunities have been given, no reply was filed and it was stated on 29th August, 1997 that no reply is required to be filed and the matter can be disposed of without any written statement on the basis of the record. The record of the case was also produced for perusal before the Court.