M P HOUSING BOARD Vs. VISHAMBHARNATH MALIK

JUDGEMENT

(1.) HEARD . By the order impugned the District Consumer Disputes Redressal Forum, Jhabua has directed appellant -opposite party, the M.P. Housing Board to construct a HIG house in a particular locality at Jhabua and make the same available to the respondent -complainant or in alternative allot one of the other three houses carrying numbers M/25, M/112 and M/115 presently used and occupied by the officers of the appellant -board. A further sum of Rs. 5,000 has been awarded as compensation, besides cost Rs. 500.

(2.) THE respondent -complainant had booked a HIG house with the appellant -Board on 14.9.1999 and deposited Rs. 55,000. It is more or less admitted that the land on which the houses were proposed to be constructed went into litigation and the scheme did not materialize. The appellant -Board, therefore, on 16.8.2001 refunded the aforesaid amount to respondent -complainant through an account payee cheque. A further sum of Rs. 9,632 by way of interest was also remitted to the respondent through account payee cheque on 22.1.2002. However the respondent did not accept any of these cheques and insisted for allotment of some alternative house. He approached the Forum below attributing deficiency on the part of the appellant -Board. The complaint was resisted by the appellant and it was explained that due to non -availability of the land the houses could not be constructed.

(3.) THERE is evidence on record to show that some other scheme was undertaken by the appellant -Board for construction of MIG houses and an intimation was also sent to the respondent requiring him to register himself for allotment of a house in the said scheme. Interestingly the respondent instead of making any application for himself made his son and daughter to apply for a house which they did apply and got a house from the appellant -Board. This was again indicative of bona fides on the part of the appellant -Board. However the respondent taking advantage of his own deposit insisted for allotment of HIG house and even went on to ask for allotment of one of the houses which are presently occupied by the officers of the appellant -Board.