BEGUM BARKAT NISA Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) This appeal by a complainant from the order dated 31.7.2001 whereby District Forum, Jaipur-I has awarded compensation for mental agony and physical discomfort at Rs.2,000/- and cost at Rs.1,000/-, seeks enhancement of the amount of compensation on the basis of following facts: begum Barkat Nisa, the appellant-complainant, is senior citizen aged more than 71 years. Way back in the year 1973 she had applied to the respondent Housing Board for registration for allotment of a 49.31 sq. mtr. house in the Janata Income Group, which was the lowest income group category. She had duly completed all the required formalities.

(2.) On 29.12.1980, she was informed of the reservation of a house of the desired size and category for her in Van Vihar Colony. She duly deposited the two instalments of seed money of Rs.1,800/- each by 9.5.1981.

(3.) By their allotment letter dated 22.5.1982, the respondents allotted Flat No.2/16 on the first floor in the said colony. In respect to the allotted house, the complainant paid all the dues, as were required of her to be paid and further deposited three monthly instalments. On 3.12.1983, she was required to complete some more formalities regarding submission of affidavit and undertaking, etc. so that possession of the allotted flat might be delivered to her. She duly completed all such formalities besides submitting a complete duplicate file as her original file with the respondents was reported to be missing or misplaced in the office. Anyway, by their letters dated 27.1.1984 and 23.3.1984 she was required to present herself before the authorities concerned to take the delivery of the possession of the allotted house. But on going to the site, she came to know that the flat allotted to her was occupied by some victims of flood which had overtaken the City of Jaipur in the year 1981. The said flat was later on regularised in favour of such occupants. The appellant could not be put in possession thereof.