RAJASTHAN HOUSING BOARD Vs. HARSH SWARUP MATHUR

JUDGEMENT

(1.) This revision petition arises out of an order passed by the State Commission remanding the matter to the District Forum who has allowed the petition in execution.

(2.) Brief facts of the case are that the complainant, Shri H.S. Mathur had applied for a MIG House in September, 1991 but no allotment could be made as the file was misplaced. Finally a house was allotted on 3.11.1993 but its possession was not given even though others, junior to him were allotted house and given possession. In these circumstances, the complainant filed a complaint before the District Forum praying for direction to be given to the petitioner/O.P. to give possession of the house and charge the prevailing price of 1993 and a compensation of Rs. 50,000/-. The District Forum heard the parties and passed order directing the petitioner to give possession of the house within two months and also awarded cost of Rs. 1,000/-. It is important to note that firstly no written version was filed by the petitioner/O.P. before the District Forum and secondly no appeal was filed by the petitioner - thus lending finality to the order passed by the District Forum.

(3.) When the possession was not given as ordered by the District Forum, the complainant moved a petition for execution of the order and for starting contempt proceedings against the petitioner and again praying that this complainant be charged 1993 price of the house allotted to him. The District Forum after hearing both the parties clarified that the price to be charged by the petitioner shall be the price prevailing in 1993 for the allotted house and dismissed the issue relating to initiating contempt proceedings against the petitioner. Against this order the petitioner went in appeal wherein the State Commission passed the following order :