RAJASTHAN HOUSING BOARD Vs. KRISHAN LAL AWASTHI

JUDGEMENT

(1.) The respondent Shri Kishan Lal Awasthi, was the complainant before the District Forum, where he had filed a complaint alleging deficiency in service on the part of the Petitioner, Rajasthan Housing Board.

(2.) Undisputed facts of the case are that the complainant registered himself on 20.12.82 for allotment of a residential house of MIG ˜B category under the General Registration Scheme 1982 on ˜hire -purchase basis. He deposited the requisite amount of registration but he was not successful in draw of lots, hence was not being allotted any flat. In the meantime, the Petitioners floated Parijat Yojana(Scheme) 1987. As per para 3 of the Scheme this was a skeleton house and other items like doors, wiring, inside plaster, flooring etc. was to be done by the allottee. In response to this the complainant applied under the scheme and this was accepted vide letter dated 16.9.89. By letter dated 18.9.90, the petitioner informed the complainant that a skeleton house has been reserved for him with a total cost of Rs.1,60,000 which was required to be paid in four instalments of Rs.40,000 each which were paid, in one instance, along with interest for delayed payment. As a sequel to this Petitioner Board issued a certificate dated 3.9.91, which reads as follows: This is to certify that Shri Kishan Lal Awasthi S/o Shri Amrit Lal Awasthi has been reserved a house No¦¦¦¦¦¦ of size in¦¦¦¦¦¦.. Scheme at Jodhpur on out Rightable/Hire Purchase/SFS/Parijat, 89 III Qtr A Type Skeleton. That, the land on which the house is built is free from all encumbrances. That, the Board will have no objection to the mortgage of the tenement allotted to him the L.J.C. may sell the house, or mortgage with it and the Rajasthan Housing Board will have no objection to it. However, the Board should be informed of such action. That, possession will be given on receiving the disposal price amounting to Rs.1,60,000 approx.(including/excluding) Rs.80,000 already been paid deposited as Registration, seed money amount. That the first floor will be built by the allottees and not by the Rajasthan Housing Board.

(3.) While the possession was not given, as per terms of para 4 of this letter and matter was being agitated between the parties through correspondence/orally, an allotment letter dated 30.4.93 was issued by the Petitioner Board enhancing the price to Rs.4,32,134 and after catering for the amount already paid, the respondent and complainant was directed to pay Rs.2,66,295. It is in these circumstances a complaint was filed before the District Forum who dismissed the complaint on the ground that before the District Forum, the question of price and costing cannot be adjudicated and the remedy lies in a Civil Court. Aggrieved by this order, complainant filed an appeal before the State Commission, where the appeal was allowed in following terms: