SECRETARY RAJASTHAN HOUSING BOARD Vs. ASHA ASWANI

JUDGEMENT

(1.) This appeal has been filed by the Secretary, Rajasthan Housing Board, Jaipur and the Housing Engineer, Rajasthan Housing Board, Ajmer against the order of the District Forum, Ajmer dated 19.9.95 whereby the District Forum directed the opposite parties to refund the amount of Rs.3,000/- which had been deposited by the complainant alongwith interest as per rules and further to pay Rs.5,000/- as compensation and Rs.500/- as costs.

(2.) Admitted facts are that the complainant had deposited a total amount of Rs.3,000/- on 26.10.81 and 5.7.82 for registration of a M. I. G. Category A house at Ajmer under General Registration Scheme, 1981. The office of the Rajasthan Housing Board at Ajmer registered the complainant for the above category house and assigned her priority No.462. On 6.2.87 the office of the Housing Board intimated to the complainant that there was acute shortage of water at Ajmer and, therefore, it was possible that there might be delay of 5-7 years in constructing the houses. The office of the Housing Board gave an option that the complainant could either take the amount deposited by her back or wait for 5-7 years for the house. The complainant opted to wait for the house. According to the complainant, she was assured that she would be required to pay 45% cost of the house in cash and the remaining 55% cost of hire-cum-purchase basis. Despite that the Housing Board was demanding the entire cost of the house in lumpsum in cash. According to the General Registration Scheme, the cost of the house was mentioned as Rs.25,000/- and the amount of seed money was Rs.3,600/-. Now the Housing Board had increased the amount of seed money to Rs.25,000/- and have not disclosed the cost of the house. The com plainant states that under the Scheme, 55% of the cost of the house was payable by the allottee in 144 instalments. First instalment of the seed money was to be deposited in three months but now the Board is requiring the complainant to deposit the first instalment of seed money within one month and a letter dated 11.11.94 in this regard was received by the complainant on 21.1.94. The office of the Housing Board required the complainant to deposit Rs.10,000/- as the first instalment of seed money Rs.7,500/- in second instalment and Rs.7,500/- in third instalment as against the declared amount of Rs.3,600/- as seed money. The complainant states that the Housing Board is not entitled to unilaterally change the stipulations mentioned in General Registration Scheme. The complainant, therefore, prayed that the letter of the Housing Board dated 11.11.94 may by quashed. The Housing Board may be directed to allot to the complainant house on hire-cum-purchase basis. It may be directed to charge seed money in accordance with the stipulations mentioned in the General Registration Scheme with first instalment of seed money to be paid within 3 months. The Housing Board may be directed to disclose the cost of the house and the period upto which the house will be allotted. Lastly , it has been prayed that the Housing Board may be directed to pay compound interest @ 2% on the amount deposited by the complainant for the last 13 years period.

(3.) The opposite parties in their version states that the seed money amount of Rs.3,600/- was mentioned in the Scheme according to the estimated cost of the house at the time of registration. On account of the fact that there were several applicants for registration of houses and there was shortage of water in Ajmer, it has taken time to allot houses. During this period cost of building material had increased considerably and it was not possible to allot the houses at the cost estimated in General Registration Scheme. The Housing Board was entitled to charge actual cost of the house as at the time of allotment. It has also been stated that as the proportion of applicants for allotment of houses on hire-cum-purchase basis had considerably increased, allotment of houses on hire-purchase-basis was postponed and the applicants were provided facility to obtain loan from financial institutions and deposit the entire cost of the house to entitle them for allotment of the houses.