HOUSING BOARD Vs. INDERJIT GARG

JUDGEMENT

(1.) Petitioner was opposite party before the District Forum. Complainant/respondent's wife applied for MIG (B) house with the petitioner on 14th November, 1977 and deposited a sum of Rs. 3,000. The balance 1/4th of the total cost was to be paid by the complainant on allotment and the remaining 3/4th was to be paid in 10-13 years in instalments. After 8 years of the deposit of the amount, petitioner informed the respondent about the construction of MIG house in Ambala City. Respondent gave his consent for allotment of a MIG house and paid Rs. 6,800 as demanded by the petitioner. Respondent was allotted tenement No. 232 admeasuring 90 sq. yards vide allotment letter No. 1404 dated 25.5.1987. The tentative cost of the house was Rs. 68,900. Respondent signed a hire purchase agreement on 10.10.1990. On 14th February, 1991, petitioner wrote a letter to the respondent asking him to pay the arrears due otherwise the allotment would be cancelled. The allotment was cancelled on 9th October, 1991.

(2.) On an appeal filed by the respondent, the Deputy Commissioner, Ambala set aside the order of cancellation and directed the complainant to pay balance amount. The complainant deposited Rs. 25,000 with the petitioner. The wife of the complainant (original allottee expired on 11.1.2000 and complainant was substituted as allottee). On 24th March, 2003 petitioner raised demand of Rs. 2,39,355 which the respondent/complainant refused to pay as according to him the total cost of house was Rs. 68,900 and he had already paid Rs. 99,086.

(3.) Complainant being aggrieved filed the complaint before the District Forum seeking following reliefs: