LAWS(NCD)-2020-10-46

ARVIND PATEL Vs. M. P. HOUSING BOARD

Decided On October 12, 2020
Arvind Patel Appellant
V/S
M. P. HOUSING BOARD Respondents

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Mr Arvind Patel against the judgment dated 17.04.2015 of the Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal ('the State Commission') in First Appeal no. 580 of 2007.

(2.) The brief facts of the case are that the petitioner was allotted a house by the respondent- Board vide allotment letter dated 01.02.1999, wherein the area of the plot was mentioned as 234.90 sq.mtr., and the total cost as Rs.4,65,950/-. It is the case of the petitioner that the total cost was paid by the year 2000 itself and the possession was also given to the complainant in the same year. The learned counsel for the petitioner states that when the measurement of the land was taken, it was only 221.43 sq. mtr. It was alleged by the complainant that corner charges of Rs.17,604/- were taken by the respondent/ Board, however, the plot was not a corner plot as confirmed in the decision given by the Civil Court, Jhabua in Suit no. 68 A of 2004 on 30.10.2004.

(3.) Accordingly, a complaint was filed before the District Consumer Disputes Redressal Forum Jhabua (MP) ('District Forum'). The complaint was resisted by the respondent Board by filing written statement on the ground that corner charges were not taken by the respondent separately and area of the land though was only221.43 sq. mtr., but the same has been only charged from the complainant and the same has been clarified vide letter dated 17.02.2005 to the complainant. The District Forum has allowed the complaint and asked the Madhya Pradesh Housing Board to give the additional land of 13.47 sq. mtr.,to the complainant and refund the corner charges of Rs.17,604/- to the complainant.