RAJASTHAN HOUSING BOARD Vs. LATA CHAUDHARY

JUDGEMENT

(1.) The present Revision Petition No. 733 of 2018 has been filed by the Petitioner under Sec. 21(b) of the Consumer Protection Act, 1986 against the impugned order dtd. 1/11/2017 passed by the State Consumer Disputes redressal Commission, Rajasthan, Jaipur Bench No. 1 in First Appeal No. 227/2017.

(2.) Brief facts of the case, as per the Petitioner are that the Petitioner launched a housing scheme namely Special Registration Scheme-2009, for Nasirabad/Gadhi Thoriyan, Beawar, Distt. Ajmer for allotment of houses/flats in 2009. The respondent applied for flat in the above scheme on 17/8/2009 for Middle Income Group-A (MIG-A) on Hire-Purchase payment mode and submitted the application form no. 5016 with registration amount of Rs.50,000.00 contrary to the schedule of scheme, as the respondent was having annual income of Rs.2,10,000.00 (as mentioned in the application form) which was categorized under higher income group. The registration amount must be as per the annual income category of the applicant thus, the respondent ought to have deposited the registration amount of Rs.1,20,000.00 as per the schedule provided in the brochure. The Respondent submitted an affidavit in support of her income mentioning her income as Rs.1,50,000.00 per annum.

(3.) The Petitioner organized a lottery dtd. 1/10/2009 in which the respondent was allotted priority no. 6. The petitioner board issued a reservation letter no. 1958 dtd. 12/7/2010 for demanding the seed money/advance amount in three installments. The Petitioner board issued a letter no. 1983 dtd. 14/9/2011 demanding the income certificate of Respondent's husband for the year 2008-09. Respondent's husband submitted a copy of total income computation with his letter dtd. 20/9/2011, without any affidavit in support, wherein his total income was mentioned as Rs.1,35,780.00. The petitioner board issued a letter no 2152 dtd. 21/10/2011 explaining that the annual income of Respondent and her spouse is in the category of higher income therefore proper registration amount was not deposited and requested to deposit the balance amount of Rs.70,000.00 and submit a third copy of challan with the office of resident engineer.