RAMASHISH SINGH S/O LATE PRABHU NATH SINGH, VILLAGE PANCHRUKHI, P.S SEHKUND DISTRICT : BHAGALPUR BIHAR Vs. CHAIRMAN, BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) The complainant/petitioner applied for allotment of a MIG flat with the respondent. After registration on payment of Rs. 25/-, he deposited an earnest money amounting to Rs. 15,000/- with the respondent on 15.09.1989. Flat No. M/B-6 in Barari, Bhagalpur was allotted to him for an estimated price of Rs. 4.25 lacs. The case of the complainant is that on receipt of information of allotment, he visited the allotted house and found that it was a very old house which had not been cared for years and as a result of which, it was about to collapse. The complainant/petitioner, vide his letter dated 16.06.2000, requested the respondent to allot another house to him or in the alternative, either allot another house or refund his money with interest.

(2.) The respondent Board vide its letter dated 25.07.2000, informed him that no change of the house was possible. The complainant wrote yet another letter dated 09.01.2001 to the respondent, stating therein that the house was totally inhabitable and it could be inspected by the concerned Executive Engineer. However, the respondent did not change the allotment made to the petitioner nor was the earnest money deposited by him refunded to him alongwith interest. Being aggrieved, the complainant approached the concerned District Forum seeking the following reliefs:

(3.) The complaint was opposed by the respondent on the ground that the allotment as per the prospectus was made on ''as is where is" basis and therefore no change was possible.