V N MATHUR Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) Facts as are found on the basis of the evidence adduced by the complainant are that after depositing an amount of Rs.4,600/- as registration charges vide Challan No.40248 dated 10.3.83, the complainant made an application to the Rajasthan Housing Board for registering him for allotment of a MIG category 'b' house in Sanganer Scheme under General Registration Scheme, 1982 of the Board. The Rajasthan Housing Board registered the complainant for the said category house and by its letter dated 15.1.1986 assigned to the complainant priority No.01361. It appears that on 4.6.92, the Rajasthan Housing Board (for short, hereinafter "the Board") published a communiqu in daily Nav Bharat Times dated 4.6.92 to the effect that if an applicant is registered for a house on hire-cum-purchase basis, he can get a house early on submitting an option to have the house on cash payment basis. Such applicants can obtain loan from H. D. F. C. /l. I. C. Housing Finance Ltd. or other financial institutions for the house and in this manner they can get the house allotted from the Board on cash payment basis by priority. In response to this communiqu published by the Board in Nav Bharat Times, the complainant on 4.6.92 gave an option to the Board to have the house on cash payment basis. The Housing Board accepted the option made by the complainant and re-assigned to him priority No. MB/g/82/ors/248.

(2.) Thereafter the Housing Board sent a reservation letter dated 25.7.92 to the complainant reserving for him a M. I. G.-B category house and requiring him to deposit a total amount of Rs.40,000/- as seed money by three instalments respectively of the amounts of Rs.15,000/-, Rs.15,000/- and Rs.10,000/-. Complainant deposited all the three instalments of seed money and further an amount of Rs.15,000/- more. Thus in place of Rs.40,000/- as seed money, the complainant deposited a total amount of Rs.55,000/-.

(3.) Rajasthan Housing Board on 31.5.94 issued an allotment letter to the complainant allotting him M. I. G. category 'b' house No.32/243 in Sanganer. In this allotment letter, cost of land (162 sq. mtrs.) @ Rs.480/- per sq. mtr. was charged amounting to Rs.77,760 /-. Cost of extra land 82 sq. mtrs. amounting to Rs.49,200/- was further charged. Cost of construction of the house was specified as Rs.2,03,140/-. Extra charges for corner house amounting to Rs.4,062/- was further levied. Other charges were Rs.6,683/- for ancillary service charges, Rs.3,174/- as lease money (one year) and Rs.3,583/- as interest on outstanding seed money. Thus the total came to Rs.3,47,603/-. From this amount, deduction was made of Rs.4,600/- deposited as registration amount, of Rs.5,018/- as interest thereon, of Rs.55,000/- already deposited as seed money by the complainant and Rs.14,521/- on account of interest on seed money. Thus a total amount of Rs.79,139/- was deducted and net amount to be paid by the complainant was mentioned as Rs.2,68,464/-.