RAJASTHAN HOUSING BOARD Vs. AJAY PHATAK

JUDGEMENT

(1.) The present Revision Petition, under Sec. 21(b) of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act"), filed by Rajasthan Housing Board (hereinafter referred to as "the Housing Board") and its Deputy Housing Commissioner, the Opposite Parties in the Complaint under the Act, is directed against the Order dtd. 28/10/2014, passed by the Rajasthan State Consumer Disputes Redressal Commission at Jaipur (for short "the State Commission") in Appeal No. 1381 of 2009. By the impugned Order, while affirming the Order dtd. 21/8/2009, passed by the District Consumer Disputes Redressal Forum, Jaipur (for short "the District Forum") in Complaint Case No. 135/2008 (173/2006 Second), the State Commission has dismissed the Appeal, preferred by the Housing Board.

(2.) Vide Order dtd. 21/8/2009, the District Forum had allowed the Complaint, preferred by the Respondent/Complainant, and directed the Housing Board to allot to the Complainant an HIG house under its Mansarovar Yojana, according to the size and cost prescribed under the Self-Financing Scheme, 2005 (First Part), within three months. The District Forum had also directed the Housing Board to pay to the Complainant sums of ?3,000/- and ?1,000/- as compensation for mental agony and litigation costs respectively.

(3.) The brief facts of the case are that by depositing the registration amount of ?10,000/- on 18/11/1987 the father of the Complainant had applied for allotment of an HIG house under the 'Kalptaru Scheme - 1987' floated by the Housing Board. On request, the said registration was transferred by the Housing Board in the name of the Complainant, vide their Office Order dtd. 6/3/1996. As against the said registration, instalments of ?62,110/- were deposited by the Complainant. When the Housing Board launched its Mansarovar Scheme at Jaipur for allotment of houses to the registered applicants under the Self-Financing Scheme, 2005 (First Part), the Complainant, who was already registered under the Kalptaru Scheme, 1987, applied in the new Scheme and also deposited an amount of ?1,00,000/- with the Housing Board on 14/3/2005. As per the schedule given in the said Scheme, the last date(s) for receiving the applications was 16/3/2005, for publication of temporary list of the eligible candidates was 31/3/2005, for receiving the objections was 4/4/2005, for publication of permanent list of the eligible candidates was 11/4/2005, and draw was to be held on 19/4/2005. In the temporary list published by the Housing Board, the name of the Complainant figured at Sl.No.2, but without any prior intimation and opportunity of personal hearing, his name was removed from the said list. Thereafter, in order to give undue benefit to the ineligible applicants, the second temporary list was published by the Housing Board on 2/1/2006; objections were invited till 4/1/2006; and on 7/1/2006 complete list was published. As regards removal of his name from the list, the Complainant had already sent a letter to the Housing Board on 5/12/2005, which letter was not responded to by the Housing Board and after publication of the second temporary list, proper time was also not given to him to take any further action in the matter.