RAJASTHAN HOUSING BOARD AND ORS. Vs. PRATAP SINGH

JUDGEMENT

(1.) This revision petition is directed against the order of the Rajashtan State Consumer Disputes Redressal Commission, Circuit Bench at Jodhpur (in short, "the State Commission") dated 4.6.2013 in first appeal No.38/2013 whereby the State Commission concurred with the order of the District Forum and dismissed the appeal preferred by the petitioner Board.

(2.) Briefly stated, facts relevant for the disposal of the revision petition are that the petitioner Board invited sealed tenders for purchase of residential house by way of auction. The reserved price as per tender notice was Rs.12,000/- per sq. meter. The respondent/complainant participated in the auction proceedings and submitted his tender quotation @ Rs. 16,226/- per sq. meter. The bid of the respondent being highest was accepted subject to the approval by the concerned authority. Pursuant to the acceptance of the bid respondent/complainant deposited a sum of Rs.1,82,000/- as per Rules being 15% of the total consideration amount. Despite that the petitioner/opposite party failed to deliver possession of the subject plot and also failed to issue demand letter for the remaining consideration amount. The respondent/complainant thereafter approached the petitioner's office on several occasions to find out the fate of his case but he was told that the approval was pending. Ultimately, vide letter dated 26.7.2012 the respondent/complainant was informed that his tender has been rejected by the concerned authority without assigning any reason for refusing the approval of tender. Consequent upon the rejection of the tender, the opposite party issued cheque No.027811 dated 26.7.2012 for Rs.1,82,000/- drawn on Union Bank of India as refund of 15% of consideration amount deposited by the complainant. Being aggrieved of the rejection of his bid, the respondent filed the consumer complaint.

(3.) The petitioner/opposite party on being served with the notice of the complaint filed the written statement claiming that the bid of the respondent was cancelled within the framework of the Rules/Terms & Conditions of the tender notice and as such the opposite party has not committed any deficiency in service.