LAWS(NCD)-2014-5-87

RAJASTHAN HOUSING BOARD Vs. GYANWATI JAIN

Decided On May 02, 2014
RAJASTHAN HOUSING BOARD Appellant
V/S
Gyanwati Jain Respondents

JUDGEMENT

(1.) Smt. Gyanwati Jain, the complainant applied for allotment of a MIG House in General Registration Scheme, 1982 of Rajasthan Housing Board by furnishing a Bank draft in the sum of Rs.3,000/- dated 08.12.1982. The complainant was allotted Seniority No.1198 in Sanganer Housing Scheme, floated by Rajasthan Housing Board, the OP, through lottery/draw on 28.12.1985. Thereafter, the Rajasthan Housing Board sent a reservation letter dated 31.12.1993, demanding seed money which the complainant paid in installments of Rs.10,000/- on 27.01.1994, Rs.7,500/- on 23.06.1994 and Rs.7,500/- on 30.01.1995.

(2.) The Rajasthan Housing Board issued a Circular dated 02.08.1994, in which it asked all the applicants to give option to accept allotment on outright sale basis keeping in view the huge amounts of installments remaining outstanding. The priority of the complainant was not disturbed. The amount of three-seed amount/money installments @ Rs.17,000/-, Rs.15,000/- and Rs.15,000/- as per the rate prevalent on 06.07.1998, on higher purchase basis was sent. However, the complainant could not deposit the said amount and the installments as per the demand. The priority number 1198 of the complainant was for the allotment of a house on hire-purchase basis which was to be matured in the year 1999. However, the priority number 1198 of the complainant, could not be matured in the year 1999. The complainant had failed to pay the amount. She was required to pay the amount by 06.02.1999. The possession letter was given to her on 28.09.1999 and she was required to receive possession upto 14.11.1999 by depositing the initial amount + interest @ Rs.72,052/-. The OP fixed Rs.3,152/- as monthly installment payable before 15.11.1999 as she had opted for hire-purchase basis.

(3.) The complainant did not deposit the demanded amount till 18.05.2001. Consequently, her registration was cancelled on 18.07.2001. However, the complainant filed a complaint before the District Forum with the following prayers :-