LAWS(NCD)-2014-1-63

RAJASTHAN HOUSING BOARD Vs. VIMAL CHAND JAIN

Decided On January 20, 2014
RAJASTHAN HOUSING BOARD Appellant
V/S
VIMAL CHAND JAIN Respondents

JUDGEMENT

(1.) There is delay of 12 days in filing this revision petition. For the reasons detailed in the application for condonation of delay, the said delay is hereby condoned.

(2.) Sh. Vimal Chand Jain, the complainant got registration of the house in the year 1989 in the 'disabled' category, with the petitioner/opposite party. He paid Rs.2,000/- + Rs.3,500/- on 21.08.1989 and 03.03.1993, respectively. The complainant was informed vide letter dated 24.08.1998 that the allotment of the house would be made in Sanganer Scheme in place of Mansarovar Scheme and he was asked to give his option for Hire Purchase System or Cash Purchase System. The complainant was asked to deposit the remaining instalments. The complainant wrote letter to the petitioner stating that if it is not possible to allot the house in Mansarovar Scheme, then the same may be allotted in Sanganer and earlier option of hire purchase system be maintained. He explained that opposite party may issue notice so that the remaining instalments could be deposited. However, as the opposite party failed to allot the house, the complainant filed a complaint before the District forum. The District Forum vide order dated 03.06.2006, held, as under :-

(3.) Aggrieved by that order, the appeal was preferred before the State Commission. The State Commission dismissed the appeal vide order dated 21.12.2009. The petitioner has not filed the certified copy of the order of the State Commission, dated 21.12.2009. There is no inkling in the written synopsis that revision petition was also filed before this Commission, the written synopsis are conspicuously silent about the same. The order passed by the District Forum dated 03.06.2006 has attained finality. This does not behove on the part of the petitioner to attack that judgment. It is clear that the petitioner has been boarding the contempt of court proceedings. In further proceedings, the petitioner has no authority to challenge that order.