CHANDIGARH HOUSING BOARD Vs. H D ANAND

JUDGEMENT

(1.) Shri H.D. Anand filed a complaint before the District Forum, Chandigarh, contending that he, in response to an advertisement given by the Chandigarh Housing Board, applied for a dwelling unit and deposited a sum of Rs. 1,500/- on 18.6.76; that it was agreed that an independent house will be allotted to the applicant; that when no action was taken, a suit was filed by the applicant in the Court of Law and after filing that suit, the respondent-Board vide their letter dated 8.2.91 asked the complainant for opting for the allotment out of the available houses and the applicant exercised his option on 21.8.91. The complainant has alleged that the respondent-Board has failed to provide any service since June, 1977 and has retained the amount of Rs. 1,500/- since then and without any interest thereon.

(2.) The respondent-Board in their reply, had stated that the applicant was not a consumer under the Consumer Protection Act and had got no locus standi to approach the District Forum. On merits, they mainly admitted the facts narrated in the complaint. It had been submitted that the complainant had not been successful in the draw of lots for the independent dwelling units and that the Board stopped the construction of independent houses as per the land use policy of the Chandigarh Administration. It is further averred that the complainant, in response to letter dated 29.11.91, opted for only three room flat vide his letter dated 3.12.91 and on this count, his name was not included in the draw of lots.

(3.) The District Forum, after perusal of the evidence on record, came to the conclusion that the complainant was entitled to the allotment of a dwelling unit against his application and directed the Board to allot the complainant a three room flat. It has further been ordered that since the complainant will be obliged to pay a very high price on account of inflation, it would be just that the Board should adjust in the price of the dwelling unit to be allotted not only the advance amount paid by the complainant, but also interest thereon 18% p.a. from the date of deposit to the date of delivery of possession of the dwelling unit. It was also ordered to pay a compensation of Rs. 5,000/- to the complainant for harassment undergone by him alongwith Rs. 300/- as costs.