NISHA GUPTA Vs. RAJ HOUSING BOARD

JUDGEMENT

(1.) These cross-appeals arise out of the order of the District Forum at Udaipur made in Complaint Case No.784/93 on 9.3.1995.

(2.) Briefly stated the relevant facts are that in order to purchase a residential house of MIG B category from the respondent Housing Board, the appellant got herself registered with the said Board on 26.3.1981 under its General Registration Scheme, 1981 and duly deposited the registration amount of Rs.4,600/-. Thereafter the complainant deposited a further amount of Rs.16,400/- towards the three instalments of seed money and finally the balance amount at Rs.2,00,215/- on 29.7.1993. But since the possession of the allotted house was not delivered to her, even after her depositing the entire sale consideration by 30.7.1993, the complainant filed her complaint before the District Forum. In her complaint she appears to have questioned the very cost of construction of the house and also pointed out certain shortcomings in the construction.

(3.) Taking note of all such facts, as were pointed out by the complainant to it and also keeping in mind the objection of the respondent board to the effect that the balance sale consideration had been deposited by the complainant with some delay, the Forum directed that on complainants depositing the amount of interest on the amount of delayed payment, she should be put in possession of the allotted house without further loss of time and also that she must be paid a sum of Rs.5,000/- as compensation for mental agony plus cost of litigation at Rs.500/-. The order made by the Forum in that way, caused grievance to both the parties. Hence these appeals by them.