RAJASTHAN HOUSING BOARD Vs. SUDESH KUMARI

JUDGEMENT

(1.) This revision petition has been filed under Sec. 21(b) of the Act 1986 in challenge to the Order dtd. 18/01/2011 of the State Commission in appeal no. 0964 of 2009 arising out of the Order dtd. 30/04/2008 of the District Commission in complaint no. 1115 of 1996.

(2.) Heard the learned counsel for the petitioner housing board and the learned counsel for the respondent complainant.

(3.) Brief chronology leading to the complaint, as garnered from the material available before us, is that on 28/12/1982 the complainant applied to the petitioner housing board for registration for a house under the economically weaker Sec. (EWS) category and deposited an amount of Rs.500.00 . The housing board sent a pre-allotment letter requiring her to pay an amount of Rs.1800.00 towards seed / pre-allotment money in two equal installments of Rs.900.00 each. The complainant paid the first installment of Rs. 900.00 but defaulted in payment of the second installment of Rs.900.00 which she had to deposit by 20.11.1987. The housing board issued an allotment-cum-possession letter dtd. 30/11/1987 to the complainant and allotted a house to her under the EWS category on its then prevalent hire purchase scheme. Vide the said letter of 30/11/1987 she was required to pay an amount of Rs.2384.00 (i.e. the first installment of Rs.1484.00 towards the cost of the house plus Rs.900.00 as the pending second installment of seed / pre-allotment money) within one month from the date of issuance of the said allotment-cum-possession letter. The complainant defaulted in making the payment. The housing board cancelled her allotment vide letter dtd. 17.05.1988. It thereafter allotted the concerned house to one Mr. Harish Kumar and on receipt of the consideration for the said house from him gave possession of the house to him vide letter dtd. 27.07.1989. The complainant applied for restoration of her allotment vide letter dtd. 27.07.1989 stating that she could not deposit the requisite amount by 20.11.1987 due to her weak financial position at that time but now she was in a position to pay the demand, and she requested for allotment of a house on the same terms and conditions. In the meantime the housing board made a change in its policy with regard to restoration of allotments in respect of all applicants. In terms of the revised scheme all restorations were to be made on outright sale basis (and not on hire purchase basis). Vide letter dtd. 30.05.1994 the housing board informed the complainant that she could be allotted a house on cash payment / outright sale basis and her consent for the same was sought so as to enable the housing board to work accordingly. The complainant did not agree.