M P HOUSING BOARD Vs. JAGDISH PRASAD MAHESHWARI

JUDGEMENT

(1.) In a housing scheme floated by the petitioner, M. P. Housing Board, options were available for allotment of a house on one time down payment basis, under Hire Purchase Scheme as well as under the Self Financing Scheme. The respondent-complainant having preferred for allotment of house under the Hire Purchase Scheme, later finding that it was more economical wanted to shift to Self Financing Scheme, which on being declined by the petitioner-Housing Board, a consumer complaint was filed before the District Forum. The District Forum dismissed the complaint. An appeal was filed by the respondent-complainant before the State Commission, who vide its order dated 11th of November, 2008 held that the appellant (complainant) is entitled to a house in hire purchase category, which has been extended to the person of the same category as the appellant. Subsequently, on a clarification sought by the complainant, the State Commission vide its order dated 30th of September, 2009 reviewed its earlier order dated 11th of November, 2008, holding it to be a typographical error and held that the appellant (complainant) is entitled to a house in self-finance scheme, which has been extended to the persons of the same category as the appellant.

(2.) Learned counsel for the petitioner-Housing Board contends that the State Commission by allowing the application for seeking clarification, which in fact was a review application, has exceeded its jurisdiction and has entirely changed its earlier order, which amounts to review. It is now very well settled that neither the District Forum nor the State Commission enjoys any power of review.

(3.) Issue notice returnable on 14.10.2010. The petitioner-Housing Board is directed to remit a sum of Rs.4000/- by means of a demand draft directly to the respondent-complainant within four weeks to meet his travel and allied expenses.