RAJASTHAN HOUSING BOARD Vs. SUDARSHAN KUMAR LADDHA

JUDGEMENT

(1.) The present Revision Petition under Sec. 21(b) of Consumer Protection Act, 1986 (hereinafter referred to as 'Act') has been filed by Rajasthan Housing Board against the impugned Order dtd. 12/9/2017 passed by the State Consumer Disputes Redressal Commission, Rajasthan in First Appeal Nos. 822 and 864 of 2016 whereby the Appeal filed by Sudarshan Kumar Laddha in First Appeal No. 822 of 2016 was allowed and First Appeal No. 864 of 2016 filed by the Petitioner was dismissed.

(2.) Brief facts of the case as per the Complaint are that the Petitioner launched a Multi-Storey Group Housing Scheme namely 'Dwarikapuri Special Registration Scheme-2005' for the Economically Weaker Ss. of Jaipur city in Pratap Nagar, Sanganer, Jaipur, Rajasthan for allotment of flats for which application forms had to be submitted between 16/12/2005 to 7/1/2006 alongwith registration amount. The Complainant applied for a Flat/House in the above scheme on 6/1/2006 vide Application Form No. 10369 and accordingly deposited ?10,000/- as per the Schedule. After receiving application forms from all the applicants, the Petitioner selected the names of applicants through lottery system and the name of Complainant was included in the list of applicants selected through lottery having application no. 2005/10369, but the Complainant was not allotted house despite repeated communication by the Complainant with the Petitioner. Thereafter, through a letter dtd. 7/5/2007 the Complainant was informed that his income was found more than what was declared in the application form in the enquiry conducted by an independent agency and therefore the Complainant cannot be allotted house. The Complainant then approached the Petitioner's office and intimated in writing that no person of Petitioner or any other agency came to the Complainant to enquire regarding his income and therefore the allotment was cancelled in an arbitrary manner without any verification and also returned the cheque dated 7/5/7 of the amount of ?9,500/- that was issued by the Petitioner. The Complainant was asked to come again after one week but no satisfactory reply was given by Petitioner even on the second visit nor the house was allotted. It is the allegation of the Complainant hat the allotment letter was cancelled without any grounds and without conducting any enquiry on the ground that his income is higher than that described in application form, despite the fact that the name of the Complainant was among the selected applicants, whereas the Complainant and his spouse do not have any house in their names in Jaipur and are residing in a rented house. The Complainant filed his Complaint before District Consumer Disputes Redressal Commission, Second, Jaipur alleging grave mental and physical harassment due to non-allotment of the house, and prayed for compensation of ?50,000/- along with allotment of the house.

(3.) The District Commission vide its Order dtd. 13/5/2016 partly allowed the Complaint and directed the Petitioner to allot the Flat to the Complainant in the Housing Scheme in question. The relevant Order of the District Commission is set out below(excerpts from translated copy) -