LAWS(NCD)-2002-12-174

KISHAN LAL AVASTHI Vs. CHAIRMAN RAJASTHAN HOUSING BOARD

Decided On December 23, 2002
KISHAN LAL AVASTHI Appellant
V/S
CHAIRMAN RAJASTHAN HOUSING BOARD Respondents

JUDGEMENT

(1.) This is an appeal from the order, dated 17.3.1994 made by the District Forum, Jodhpur in appellant's Complaint No.709/1993. By the said order the Forum has dismissed appellant's complaint requiring the respondent Housing Board to deliver to him the possession of the allotted house at the agreed price and as stated in the allotment letter dated 18.9.1990.

(2.) On 20.12.1982 the appellant got himself registered with the respondent Housing Board for allotment of a residential house to him of Middle Income Group (M. I. G.) 'b' Category in its General Registration Scheme, 1982 on Hire Purchase basis. He had duly deposited the registration fee along with his application. By their letter dated 11.5.1983 the respondent confirmed appellant's registration under the said Scheme and still by their subsequent letter dated 11.7.1986 they further confirmed his priority No. at 318 as on 23.12.1985.

(3.) However, on 9.12.1988 the respondents offered an option to the appellant that he might obtain the house on counter sale basis (Cash Basis) provided he deposited an earnest money of Rs.12,000/-. But during the meanwhile the respondents had floated and notified their yet another Scheme called "parijat Yojna (Scheme), 1987". This scheme was to be executed by the respondent Board at selected cities in three phases and option for registration under this Scheme was given to such persons also, who were already registered under other Schemes. The salient features of this Scheme, as have been mentioned in the brochure supplied to us and which are relevant to our purpose, were as under : "xxx xxx xxx. "