RAJASTHAN HOUSING BOARD JAIPUR Vs. KANWARJI MAL

JUDGEMENT

(1.) THIS Revision Petition has been filed against the order passed by the State Consumer Disputes Redressal Commission, Rajasthan at Jaipur in Appeal No. 40 of 1993 by which the appeal was partly allowed and the order of the District Forum was modified.

(2.) THE facts leading to this Revision Petition are that the present respondent Kanwarji Mai had submitted his application to the present Petitioner, Rajasthan Housing Board (for short the Board) on 30th December, 1982 for allotment of a house in M.I.G. B. category in Kamla Nehru Nagar, Pali. It was registered as Serial No. 4600. Registration amount was deposited through challan. The applicant (i.e., the complainant) was informed on 25th March, 1987 that a house has been reserved for him. He was asked to deposit the reservation amount in two instalments. The first instalment of Rs. 6,000/- was to be paid within a month and second instalment of Rs. 6,000/- within seven months. It was also provided in the said reservation letter that after expiry of these periods penalty at the rate of Rs. 200/- per month shall be payable. However, that letter (Annexure-I, page 15 of the paperbook) further contained Clause (2) which reads as follows:

(3.) IN the light of the above facts, the complainant filed the complaint before the District Forum alleging that there is difference in the price of the house allotted to him and the houses which were allotted in 1988 to those allottees who had applied to the Board with him. His contention is that he was not given any notice nor informed by any other means about the draw held on 9th September, 1987. He, therefore, prayed that the excess amount that has been charged from him should be refunded to him by the Board.