VIJAY KUMAR TIWARI Vs. M P HOUSING BOARD

JUDGEMENT

(1.) The petitioner/complainant applied to the respondent for allotment of a residential flat on self-financing basis, depositing a sum of Rs. 6,50,000/- as the application money. After depositing the application money, he came to know that the respondent had not taken requisite permission from the Municipal Corporation for the aforesaid housing scheme and had not reserved 25% of the flats for the economically weaker sections of the society. He therefore, sought cancellation of his registration. The respondent however, deducted a sum of Rs. 65,000/- out of the amount which the complainant had deposited and refunded the balance amount of Rs. 5,85,000/- to him without any interest. Being aggrieved, he approached the concerned District Forum by way of a complaint.

(2.) The complaint was resisted by the respondent. It was stated in the reply that in the advertisement issued to them, they had not claimed that they had taken permission from the Municipal Corporation for the aforesaid scheme. It was further stated that such permission is taken only after publication of the scheme. It was also pointed out in the reply that as per the advertised terms and conditions, 10% of the registration money/application money could be deducted from the amount deposited by the applicant. It was further stated that there was no provision in the scheme for reserving 25% of the flats for the economically weaker sections of the society.

(3.) The District Forum, vide its order dated 28.07.2012, dismissed the complaint. Being aggrieved, the complainant approached the concerned State Commission by way of an appeal. The said appeal having been dismissed vide order dated 21.08.2014, he is before us by way of this revision petition.