RAJASTHAN HOUSING BOARD Vs. RAMESH CHAND CHATURVEDI

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dtd. 6/8/2020 of the Rajasthan State Consumer Disputes Redressal Commission, Bench No.1, Jaipur (in short, 'the State Commission') in First Appeal no.1191 of 2019.

(2.) The brief facts of the case are that the petitioner Housing Board launched a housing scheme viz., 'Kalpataru' in the year 1998 for allotment of various categories of houses in urban areas of Rajasthan according to the income group of the applicants on payment of monthly installments. On 29/4/1989 the respondent applied for a residential house in Jaipur city in the category of Lower Income Group (in short, 'LIG') vide application no. 40220 after depositing the registration amount of Rs.2000.00 in the above said scheme, wherein the seniority of the respondent was fixed at P 32/G-1/ LIC/HP/89.

(3.) On 6/11/1993, the Housing Board issued a reservation letter dated 5529 demanding seed money of Rs.10,000.00 in three instalments, of which the first two instalments were of Rs.3500.00 each and the third instalment was of Rs.3000.00. The respondent deposited the first instalment on 4/12/1993 and submitted the copy of the challan to the Housing Board. The Housing Board included the name of the respondent in the lottery draw held on 23/12/1993 and allotted house no. 37/174 Mansarovar, Jaipur, vide allotment letter no.1003 dtd. 28/4/1994 on out right sale basis on deposit of the sale amount with the petitioners. The Housing Board has stated that as the loan facility was discontinued by the Government on the recommendation of HUDCO for the scheme, letters were issued on out right sale basis. The petitioner has stated that the respondent failed to deposit the sale consideration as per allotment letter no. 1003 dtd. 28/4/1994 and a final opportunity was given to the respondent by way of a notice no.1387 dtd. 10/7/1995 to pay the sale consideration and take possession of the said house by 25/7/1995. However, the respondent failed to pay the sale price and thus the allotment as well as the registration of the respondent was cancelled vide letter no.3624 on 16/11/1995 asking the respondent to submit the fourth original copy of the challan to refund the amount deposited.