RAJASTHAN HOUSING BOARD Vs. KAMLESH KUMAR SHARMA

JUDGEMENT

(1.) THE complainant/respondent booked a residential flat with the petitioner, Rajasthan Housing Board under its Special Registration Scheme, 2010. Vide allotment letter dated 30.03.2012, the complainant was allotted house no. 1 -D -15 in Gulabpura Yojana Bhilwara, for a total consideration of Rs. 3,25,878/ -. The possession of the aforesaid house was taken by the complainant on 25.05.2012, in terms of the possession letter issued by the petitioner board. The grievance of the complainant is that when he inspected the aforesaid house, he found that instead of being a newly constructed house, it was an old dilapidated house in the condition of an old Khandar (ruins). The complainant took photographs of the house, which the petitioner board had allotted to him and approached the concerned District Forum, by way of a complaint, seeking compensation amounting to Rs. 1 lakh for the mental torture and Rs. 50,000/ - for depriving him for the use and utilization of the house. He also sought direction to the petitioner board to give a newly constructed house of the same value and the same type to him, in lieu of the old dilapidated house, which the petitioner board had handed over to him.

(2.) THE complaint was resisted by the petitioner board, inter -alia, on the ground that the possession of the house was taken by the complainant after thorough checking and scrutiny and he had also acknowledged that neither there was any deficiency in the house nor would he make any complaint in future. It was also stated in the reply that though the estimated value of the flat as per the brochure issued by the petitioner board was Rs. 5.6 lakhs, the house in question had been given to the complainant at a much lesser cost.

(3.) THE District Forum, vide its order dated 30.07.2013, directed the petitioner board to make necessary repairs in the house allotted to the complainant and to do white washing in it. The petitioner board was also directed to pay Rs. 15,000/ - as cost of litigation to the complainant.