COMMISSIONER, RAJASTHAN HOUSING BOARD Vs. RAMESH CHAND GUPTA

JUDGEMENT

(1.) This Revision Petition has been filed against the impugned Order dtd. 1/3/2019, passed by the Ld. State Consumer Disputes Redressal Commission, Rajasthan in Appeal No. 799 of 2017, vide which the Appeal filed by the Petitioner was partly allowed, and the Order of the Ld. District Forum was modified.

(2.) The factual background, in brief, is that the Complainant applied for a LIG 'B' house in the Mansarovar Scheme 1979-80 with application No. 59468 dtd. 12/1/1980/15/1/1980, depositing Rs.1800.00 in cash on 11/1/1980 via challan No. 751329 for a LIG house. The Petitioner subsequently allowed the Applicant to modify the previously accepted instalments in 1981 and invited applications for changing registration under the modified procedure. The Complainant filed application No. 30278 dtd. 1/7/1982 for a change from LIG to MIG 'B', depositing Rs.2800.00 through challan No. 30278 dtd. 1/7/1982. The Petitioner issued a registration certificate bearing No. H-10/3565/JPR/M/79/12668 dtd. 8/3/1983 for an MIG 'B' house under the general registration scheme, assigning the Complainant seniority No. 331 under the said registration. Despite numerous contacts and requests for house allotment, the Petitioner only provided assurances and failed to take any substantive action. The Complainant even provided his new address for correspondence through his letter dtd. 5/3/1991, but the Petitioner did not update the address in their records nor responded appropriately. On 3/11/1993, the Petitioner sent a letter to the old address demanding instalment payments, which the Complainant could not deposit as he never received such Demand Letter at his new address. Despite continuous efforts and visits to the Petitioner's office from 1993 to 2010, the Complainant did not receive any satisfactory response nor any house allotment. Subsequent attempts, including sending an Affidavit and Legal Notice, also yielded no result. Being thus aggrieved by the deficiency in service, the Complainant filed his Complaint before the Ld. District Forum, Second Jaipur.

(3.) The District Forum vide its Order dtd. 3/5/2016 allowed the Complaint and directed the Opposite Parties to allot a Flat to the Complainant within two months from the date of Order at the rate prevalent on 26/8/2010, and to issue a Demand Letter. In addition, the Opposite Parties were further directed to pay to the Complainant Rs.1,00,000.00 towards compensation and Rs.10,000.00 towards litigation costs. The Petitioner preferred Appeal against such Order in the State Commission, which partly allowed it and modified the Order of the District Forum. The relevant extracts of the impugned Order are set out as below -