RAJASTHAN HOUSING BOARD Vs. SHIVRATAN MANDAVARIA

JUDGEMENT

(1.) Heard the parties.1. In the month of November, 2000 the appellant Housing Board floated a scheme known as "special scheme" allowing rebate from 10% to 20% of the cost of construction of the houses to be allotted to the needy persons. This scheme was opened for such persons also who wanted to purchase the house on outright sale basis or under hire purchase scheme of the appellant Board. This scheme was duly published in 'dainik Bhaskar' daily of 1.11.2000. Under the scheme the applicant was required to deposit a sum of Rs.10,000/- towards registration fee and a house was to be allotted to him on that very day. If he had opted for purchase of the house under the outright sale basis then he was required to deposit the balance sale consideration within a period of one month.

(2.) The respondent, who was a Government servant posted at Bhilwara at that time, deposited the registration amount of Rs.10,000/- on 20.11.2000 with the appellant Board for allotment of a house of MIG-B category under outright sale basis. He was duly allotted house No.6-A-41 by the appellant in the Chandrashekhar Azad Yojna. As per condition of the allotment-cum-possession letter issued to him he was required to deposit the balance amount of Rs.2,82,318/- within a period of one month from the date of the allotment letter failing which the allotment made in his favour was liable to be cancelled. On 14.12.2000 the respondent informed the appellant Board of his transfer from Bhilwara to Ajmer and on that ground sought cancellation of the allotment of the house made in his favour. He requested the appellant Housing Board to refund the amount of Rs.10,000/- to him with interest. The case of the appellant Housing Board was that since the respondent had committed breach of the contract the registration amount of Rs.10,000/- as deposited by him, stood forfeited as per condition of the scheme. The respondent approached the Forum who, partly allowing the complaint of the respondent, directed the appellant to refund the amount of Rs.10,000/- minus Rs.2,000/- deductable on account of 20% of the registration amount with interest @ 9% p. a. from 14.12.2000. Aggrieved against such order of the Forum the appellant has filed this appeal.

(3.) The learned Counsel for the appellant invited our attention to the last lines in the scheme dated 15.7.2000 as also to the particulars of public notice as published in 'dainik Bhaskar' dated 1.11.2000 and highlighted the fact that in such documents it had been clearly notified that in case the balance amount was not deposited by the allottee within a period of one month from the date of allotment of the house to him, the amount already deposited by him as registration fee shall stand forfeited. On the other hand the learned Counsel for the respondent invited our attention to condition No.6 of the terms and conditions as were supplied to him at the time of obtaining the application for registration from him and submitted that as per conditions No.6 a deduction of 20% out of the amount of registration was to be made in the event of the allottee declining to accept the allotment of the house.