GUJARAT HOUSING BOARD Vs. AKHIL BHARTIYA GRAHAK PANCHAYAT

JUDGEMENT

(1.) This order will dispose of the above titled appeals as they arise out of the order passed by the Consumer Disputes Redressal Commission, Gujarat State at Ahmedabad in Complaints Nos. 137, 138,139 and 140 all of 1991. The State Commission disposed of all these complaints by a common order as they related to the same scheme made and published by the Gujarat Housing Board (for short the Board) and the complaints were with regard to excess price charged by the Board. The State Commission has by the impugned order given the following directions :

(2.) The facts as alleged by the complainants are that for the benefit of freedom fighters who are recognised by the Government, the Board prepared a housing scheme. The scheme was published and demand survey was made in the year 1982. Four types of schemes were advertised. The complainants were concerned with HIG housing scheme only whose family income exceeded Rs. 1,500/-. The estimated price of the proposed houses was declared to be Rs. 1 lac and the same was payable by instalments in 8 years. The Registration fee was fixed at Rs. 5,000/-. It is not in dispute that the complainants in the various complaints are freedom fighters who were eligible for accommodation under the said scheme. The complainants had filed applications in the prescribed form between 1.3.82 to 31.3.82. At the time of allotment Rs. 1,85,000/- was demanded as costs of the tenements. The grievance of the complainants is about the enhancement in the price of the house.

(3.) The Board filed a counter to the effect that it is not rendering any service and the houses constructed being immovable property the Consumer Protection Act was not applicable. On merits it was pleaded that the scheme was floated for 56 freedom fighters and out of them 26 applicants did not join the scheme and by public notices dated 18.8.89 and 4.1.90 applications from general public were invited after the completion of the premises and were sold at a price of Rs. 1,98,500/- each.