CHAIRMAN RAJASTHAN HOUSING BOARD Vs. PREM PRAKASH SHARMA

JUDGEMENT

(1.) This appeal has been filed by the Chairman, Rajasthan Housing Board, Jaipur against the order of the District Forum, Kota dated 26.5.1992 whereby the District Forum has directed the Opp. Parties-appellants not to charge from the complainant the price mentioned in the allotment-cum-possession letter dated 31.7.1990 with respect to House No.5 G 8 allotted to him in Talvandi, Kota and has further directed the appellants to issue an amended allotment-cum-possession letter charging only that price which was mentioned in the allotment letter dated 19.12.1986 issued to the complainant with respect to House No.5 N 3 in Mahaveer Nagar, Kota and to make adjustment accordingly. The District Forum further awarded a sum of Rs.2000/- as compensation.

(2.) We have heard the learned Counsel for the appellants and have gone through the record. It is not disputed that the complainant-respondent had got himself registered with the Rajasthan Housing Board for allotment of a house to him on a plot of land measuring 6 x 11.25 sq. mts. under low income group in the year 1979. According to the complainant, his registration was made for allotment of house in Talvandi Scheme. It is very much clear from the reservation letter dated 8.4.1982 issued by the Rajasthan Housing Board that a LIG category house in Talvandi Colony of Kota on a plot of land measuring 6 x 11.25 sq. mts. in the Reservation Scheme 1981-82 was made. The complainant was duly intimated of this reservation and was required to deposit the seed money in two installments of Rs.1150/-each. The complainant deposited the installments of seed money within time. There is also a document on the record as Agenda No.4 signed by the Dy. Housing Commissioner, Rajasthan Housing Board which clearly mentioned that House No.5 G 8 in Talvandi Kota had been allotted to the complainant.

(3.) However, malafidely the office of the Rajasthan Housing Board at Kota changed this allotment from Talvandi Scheme to Mahaveer Nagar, Kota. It issued an allotment-cum-possession letter on 19.12.1986 to the complainant allotting him another House No.5 N 3 in Mahaveer Nagar, Kota instead of House No.5 G 8 which had allotted to him in Talvandi Scheme, Kota. As has already been stated, the complainant had applied for registration in Talvandi Scheme, Kota and reservation of the house was also made by the Rajasthan Housing Board in favour of the complainant in Talvandi. The office of the Rajasthan Housing Board, Kota, therefore, could not issue an allotment-cum-possession letter to the complainant in respect of a house in different locality for which the complainant had neither applied and nor for which reservation letter was issued. The complainant justifiably did not accept this wrong allotment. Realising their own mistake, the Rajasthan Housing Board lately on 31.7.1990 issued allotment-cum-possession letter to the complainant for House No.5 G 8 in Talvandi Scheme, Kota. However, they increased the price of the plot as well as cost of construction and the amount of instalments in this allotment letter for the reason that the house was allotted in the year 1990. The appellants was themselves responsible for this delay in making correct allotment of House No.5 G 8 to the complainant. As a matter of fact House No.5 G 8 ought to have been allotted to the complainant on 19.12.1986 itself when instead of this house, the office of the Rajasthan Housing Board at Kota malafidely and unilaterally changed the locality as well as House Number. The District Forum, Kota was more than justified in granting the relief to the complainant as it has done.