RAJASTHAN HOUSING BOARD Vs. SHIV SINGH CHOUDHARY

JUDGEMENT

(1.) -the respondent had got himself registered with the appellant Housing Board under their General Registration Scheme, 1979 and had deposited a sum of Rs.3,000/- as registration fee on 14.1.1980. Thereafter he deposited a sum of Rs.16,400/- towards the seed money upto 16.1.1991. The appellant allotted a house to him on 9.9.1993 but the respondent declined to deposit the amount required to be deposited by him under the said allotment order. Thereafter also the appellant Board appears to have issued allotment letters to him in the year 1995 but the respondent did not deposit the amount required to be deposited by him in order to take possession of the house. Instead he filed a complaint for refund of the amount deposited by him with interest. The D. F. accepted his case and directed the appellant to pay the deposited amount to him at different rates for different periods, as and when different amounts have been deposited by him. Aggrieved by such order of the D. F. dated 19.11.2001 in Complaint Case No.220/2000 the appellant has preferred this appeal.

(2.) The learned Counsel for the appellant has rightly pointed out that in the interpretation of Condition Nos.2.9 and 2.14 (ga) the D. F. has erred in directing that no amount was deductible from the amount of registration and also awarding interest on the amount deposited by him from time-to-time. Condition Nos.2.9 and 2.14 (ga) read as under : 2.14 (ga) : "xxx xxx xxx xxx xxx" 2.9: "xxx xxx xxx xxx xxx"

(3.) It may be appreciated that in the event of the registered applicant declining to take possession of the allotted house, the Board would be entitled to deduct 20% of the registration amount and not to pay any interest on the balance amount of the registration amount and the seed money. Condition No.2.9 appears to be applicable in those cases where the allottee was not given possession of the house so as to commences to pay the instalments if the house had been allotted to him under hire purchase scheme.