COMMISSIONER KARNATAKA HOUSING BOARD Vs. B NAGARAJA SHETTY

JUDGEMENT

(1.) The appeal is directed against the Order dated 4.8.1990 passed by the District Forum, Gulbarga in Case No.29/90/546 on its file. It arises in this way:-

(2.) In spite of service of notice, the appellant remained absent and the District Forum recorded the evidence of the complainant. The complainant produced exhibits p1 to p9. On the said evidence, the District Forum directed the appellant to pay Rs.600/- with interest thereon at the rate of 12% per annum from 25.2.1985 till the date of payment and Rs.18,000/- with interest thereon at the rate of 6% per annum from the date of the order till the date of payment and costs of Rs.100/-. Being aggrieved by the said Order, the Karnataka Housing Board has preferred this Appeal.

(3.) The learned counsel for the appellant has produced before us the list of applicants whose names had been included for the draw of lots taken on 10.3.1989. The copy of the same was furnished to the respondent. The name of the respondent is included at Sl. No.79 in the said list. The respondent stated that he was present at the time of draw of lots and that his name had not been included. But in view of the records produced by the Housing Board, containing the name of the respondent and the fact that persons whose names appear at Sl. No.77,78 and 82 were successful in the lots the said say of the respondent cannot be accepted. After going through the records, we are satisfied that his name was included in the list of applicants. In view of that the complainant is not entitled to any damages for not including his name in the list of applicants. Hence the order of the District Forum awarding damages of Rs.18,000/- together with interest cannot be sustained.