M P HOUSING BOARD Vs. REKHA SAXENA

JUDGEMENT

(1.) Petitioner was the opposite party before the District Forum where on a complaint being filed by the respondent/complainant, the complaint was allowed and an appeal filed by the petitioner was partly allowed.

(2.) Basic facts of the case are admitted - hence for the sake of brevity, we are not reproducing them. The only point at issue is, can the Consumer Forums go into the question of pricing of house/plots/flats and if the answer is yes, then in what circumstances ?

(3.) Admittedly in the instant case the advertisement floated for inviting application for allotment of houses contained a provision that the prices indicated in the advertisement are estimated and the final prices could go up by 10% but when allotment of the house was made, no limit of enhancement was mentioned while retaining the clause that the prices are only estimated. When the price of the house allotted to the complainant was increased from Rs. 3 lakh, as mentioned in the advertisement and the letter of allotment, to Rs. 3,98,933/-, the complainant moved the District Forum seeking several reliefs which were allowed. Both the parties filed appeals before the State Commission while the appeal filed by the complainant was dismissed. Appeal filed by the petitioner was partly allowed in the sense that petitioner was permitted to charge enhanced price but only limited to 10% of the originally quoted price. It is against this order that the revision petition has been filed.