HOUSING BOARD HARYANA Vs. J R JINDAL

JUDGEMENT

(1.) These two appeals bearing No.269 of 2000 filed by Haryana Housing Board and Appeal No.125 of 2001 filed by the complainant - Shri J. R. Jindal arise out of the order dated 10.10.2000 passed by the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter referred to as the District Forum-II) in Complaint Case No.194 of 1996. This order will dispose of both the said two appeals.

(2.) The facts giving rise to the two appeals may briefly be narrated as under : shri J. R. Jindal resident of House No.3005, Sector 21-D, Chandigarh filed Complaint Case No.194 of 1996 in the District Forum-II on the allegations, inter alia, that he had applied for a flat Type-III accommodation constructed by the Haryana Housing Board, S. C. O. No.126-127, Sector 8, Chandigarh at tentative costs of Rs.4.75 lacs under a Scheme which was floated some times in July, 1992. The said flat was to be constructed in Sector 14, Panchkula. The complainant - Shri J. R. Jindal had deposited the initial amount and was successful in the draw of lots and subsequently deposited the instalments. The flats are alleged to have been completed in June, 1995. After the completion of the flats, draw of lots was held and the complainant was allotted flat No.77-D. The said complex containing Flat No.77-D was inaugurated by the Chief Minister of Haryana on 15.6.1995. The grievance of the complainant is that even after the inauguration of the complex, the possession of the flat allotted i. e. No.77-D was not offered to him. This led to the filing of the complaint aforesaid. The complainant sought a direction to be issued against the Haryana Housing Board to hand over the possession of the flat to him forthwith and for payment of a sum of Rs.1,20,000/- towards compensation for harassment, interest and costs of the case etc.

(3.) The District Forum-II issued notice to the Haryana Housing Board who put in appearance and filed reply wherein the factual aspects of the complaint case were more or less admitted. The case set up by the Haryana Housing Board regarding the delay in offering possession of the flat No.77-D to the complainant-Shri J. R. Jindal was that the record of the complex had been taken by the Vigilance Department of Haryana and in the absence of the record, the tentative costs of the flat would not be worked out and the letter of allotment could not be issued. The possession of the aforesaid flat was, however, delivered to the complainant on 8.7.1996 after the complainant had given the requisite undertaking.