NOMAN ALI Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) The complainant had got himself registered with the respondent Housing Board as back as in the year 1985 to get a residential house allotted to him under opposite party's general registration scheme, 1981. Subsequently the O. P. Housing Board floated a scheme known as Kuber Yojana whereunder the allottees were required to pay a sum of Rs.700/- per month as instalments and a house was to be allotted to them within a specified period of 6 years. The complainant opted for such scheme and commenced paying monthly instalment of Rs.700/-. But later on O. P. Housing Board gave up such scheme and gave an option to the subscribers of the said scheme to opt for outright sale of the house. The complainant opted for outright sale of the house also and informed the O. P. Housing Board accordingly. On 30.6.1997 the O. P. Housing Board issued an allotment order to the complainant in respect of house No.2 N. G. Rangbari Yojana of HIG category requiring the complainant to pay a sum of Rs.5,32,952/-. It may be mentioned that the complainant had already paid a sum of Rs.10,000/-. as registration amount, Rs.36,500/- as seed money and a sum of Rs.47,600/-, as per version of the complainant, through monthly instalments of Rs.700/- each for obtaining a house in the Kuber Yojana. The O. P. had allowed interest at Rs.11,800/- on registration amount and Rs.5,779/- on seed money and interest of Rs.3,462/- on instalments paid by the complainant under the Kuber Yojana, but the amount paid by the complainant by way of instalments was not indicated in the allotment order.

(2.) On receipt of the allotment order the complainant appears to have inspected the house to be allotted to him and on such local inspection he came to know that the proposed house was located below a high tension electric line and also upon a Nala. He further noted that the Housing Board had not allowed interest to him as per assurance given to him. He, therefore, filed his objection to the O. P. on 12.9.1997 declining to accept the allotted house and demanding his money back with interest @ 18% p. a. since the O. P. Housing Board did not return his money he filed the complaint with the prayer that either he should be allotted a residential house at another suitable place or in case that was not possible his money be returned back to him with interest.

(3.) The version of the case as per the O. P. Housing Board was that the Kuber Yojana had been suspended temporarily and that it was not finally closed and that the interest had been allowed to the complainant on the amount deposited by him as per rules. No specific denial was given to complainant's averment that he was allowed to opt for allotment of the house on outright sale basis and that he had deposited not only the monthly instalments of Rs.700/- each under the Kuber Yojana but also the amount of seed money as demanded by the O. P. Housing Board from him.