PUSHPA PATHANIA Vs. RAJASTHAN HOUSING BOARD KOTA

JUDGEMENT

(1.) THE facts leading to this Revision Petition filed by the Complainant Smt. Pushpa Pathania are that she had applied for a house to the Rajasthan Housing Board, Kota in 1979. She was allotted MIG Group-B house. She took possession of the house on 6.4.1987. Before taking possession she had told the officers of the Rajasthan Housing Board that the house was incomplete and not fit for living. She was assured by the then site Engineer that the remaining work of the house would be completed within a month or two. On that assurance she had taken the possession. She further found that the floor of two rooms was hollow and broken at some places and water seeped in. Other defects were also found in the house. According to her the cost of getting the defects removed would be amount Rs. 40,000/ -. The District, Forum, Kota after considering the complaint filed by the Petitioner and the reply of the other party and taking evidence in the shape of affidavits held that there were defects in the house. The District Forum accepted the complaint and directed the Opposite Party to get the shortcomings and defects noted in the order removed within three months or in default to pay Rs. 40,000/- to the Complainant who would herself get the defects and shortcomings removed. Rs. 2500/-were awarded as damages.

(2.) THE Opposite Party i.e. The Rajasthan Housing Board filed an appeal before the State Commission. The State Commission held:

(3.) THE State Commission accordingly accepted the appeal and dismissed the complaint. The Complainant has now come before us by way of this Revision Petition.