DEPUTY HOUSING COMMISSIONER Vs. BHAGWATI KANWAR

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 15.03.2017 of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur, Circuit Bench, Jodhpur ('the State Commission') in First Appeal no. 6 of 2017.

(2.) The facts of the case as per the respondent/ complainant are that the petitioner/ complainant launched a housing scheme in Balotra City on 26.03.2007. The respondent applied under the said scheme for a Lower Income Group House vide application no. GRS - 2007/ 7404 dated 23.04.2007 by depositing the registration amount of Rs.10,000/-. Petitioner no. 2 vide letter no. 347/ 2008-09 intimated the respondent that a house has been reserved for her. The respondent deposited the 1st instalment of the seed money of Rs.8,000/- on 30.06.2008 and the 2nd instalment of Rs.8,000/- was deposited on 30.12.2008. Thereafter the petitioner issued an allotment letter no. 379 on 11.06.2009 and thereby allotted house no. 4/ 292 measuring 6 x12 meters on Hire Purchase mode of payment to the respondent. The total cost of house was fixed at Rs.3,82,595/-. The respondent failed to deposit the required demanded amount before 10.07.2009 in compliance of allotment letter and could not take the possession of the house, but on demand of petitioner's letter no. 926 to deposit the required amount before taking the possession on 15.07.2009, the respondent deposited the required amount of Rs.93,434/- on 14.07.2009 vide receipt no. 53, the remaining amount of Rs.2,62,641/- was to be deposited in 12 monthly instalments for 180 months. The grievance of the respondent was that the petitioner has not delivered the physical possession of house and her registration has been cancelled despite of the fact that she had deposited the amount before the date of possession and the petitioners had intimated the respondent vide registered letter no. 488 dated 25.06.2010 that the registration of the respondent was cancelled due to non-payment of the required amount within the fixed time period. The respondent had deposited the amount of Rs.1,19,434/-, before the stipulated date but the petitioners cancelled the allotment of the house of the respondent despite this. Hence, the respondent has filed a complaint before the District Forum with the following prayer: The petitioners should be directed / ordered to entrust the possession of house no. 4/292 situated in Housing Board, Balotra measuring 6 mtrs x 12 mtrs; The respondent is suffering mental, financial and physical trauma due to negligence on the part of respondents, deficient and defective services, against which excepts the above, the petitioner should be ordered/ directed to grant the following reliefs to the respondent:

(3.) The petitioner Housing Board in their reply stated that the respondent was allotted house no. 4/ 292 vide allotment letter no. 379 on 11.06.2009. The respondent had to submit the necessary documents including undertaking, affidavit, etc., duly attested by the competent authority along with demand draft/ cheque for the advance amount to be deposited within one month before taking the possession in compliance of the terms and conditions as mentioned in the above allotment letter. But these documents and advance amounts were not submitted by the respondent in the office of the petitioner. Therefore, the petitioner issued letter no. 926 dated 20.11.2009 thereby intimating the respondent to deposit the above said amount along with all the required documents in the office of the petitioner within fifteen days positively and take the possession. Despite this the respondent did not take any action. Therefore, the allotment of the house to the respondent was cancelled vide order no. 448 dated 25.06.2010, which was duly intimated to the respondent and refunded the amount of Rs.16,000/- deposited by the respondent through cheque no. 80774 dated 03.06.2010. The said amount had been released in favour of the respondent on 03.09.2010.