RAJASTHAN HOUSING BOARD Vs. VIMLESH CHAUDHARRY

JUDGEMENT

(1.) PETITIONERS which were the opposite parties before the District Forum have filed this Revision Petition against the order dated 09.10.07 passed by the State Consumer Disputes Redressal Commission, Rajasthan (for short, 'the State Commission') in appeal no.122/06 upholding the order of the District Consumer Disputes Redressal Forum, Rajasthan (for short, 'the District Forum') dated 26.06.06 except that it modified the order of the District Forum to the extent that the petitioners shall pay interest @9% p.a. on the amount of Rs.5,53,434/- instead of interest @18% on the amount of Rs.9,21,000/- as awarded by the District Forum.

(2.) COMPLAINANT/Respondent (hereinafter to be referred to as 'the Respondent') applied for allotment of HIG House to the Petitioners under the 'Open Counter Scheme' and was allotted House No.2/5 in Kudi Bhagatsani Housing Board Scheme. Petitioners issued allotment letter. Total costs of the house was fixed at Rs.9,31,834/-. Respondent deposited the aforesaid amount on 31.1.2005. Petitioners by letter dated 11.2.05 informed the Respondent that because of the Writ Petition filed by Smt. Kanta Vyas it was not possible to hand over the possession of the allotted house to her. Petitioners gave an option to the Respondent to take two MIG houses instead of the HIG House allotted to her. Respondent accepted the offer. In the District Allotment Committee (DAC) meeting, a proposal was passed to allot only one MIG house [No.1-B-14] to the Respondent for Rs.4,42,500/-. By its letter dated 5.10.05 the Petitioners asked the Respondent to complete the legal formalities. Respondent submitted the relevant papers on 10.10.05 after completing all the formalities. On 10.10.05, possession letter was issued and the Respondent was handed over the possession of the unit allotted to him. Petitioners after deducting the sum of Rs.4,42,500/- towards the cost of the MIG house out of sum of Rs.9,31,834/- deposited by the Respondent for allotment of HIG house, refunded the balance amount of Rs.4,92,199/- to her.

(3.) DISTRICT Forum after taking into consideration the pleadings and the evidence led by the parties allowed the complaint granting the following reliefs:-