BHANWARLAL Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the order dated 14.03.2016, passed by the Rajasthan State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in First Appeal No. 440 of 2015, "Bhanwarlal Vs. Rajasthan Housing Board & Anr.", vide which, while dismissing the appeal, the order dated 17.03.2015, passed by the District Forum Chittorgarh in consumer complaint No. 415/2012, filed by the present petitioner, partly allowing the said complaint, was upheld.

(2.) The facts of the case are that the opposite party (OP) Rajasthan Housing Board Udaipur published an advertisement for their Senti Extension Scheme, Chittorgarh in the newspapers putting certain plots into auction. The petitioner, who is a journalist by profession, deposited a sum of Rs. 50,000.00 with the opposite party for plot 2-B-51-D, size 8 X 18 Mtr. for which the minimum selling price was fixed at Rs. 10,000.00 per sq. mtr. A total of 8 persons gave their bids for the said plots, out of whom the bid given by the complainant at a price of Rs. 11,513.00 per sq. mtr. was the highest. As per the requirements of the Housing Board, the complainant deposited Rs. 40,000.00 on 15.06.2012 and Rs. 1,60,000.00 on 16.06.2012 in the ICICI Bank. Being the highest bidder, the complainant was expecting a letter from the OP Housing Board, asking him to deposit the rest of the money, and to obtain possession of the said plot but to his surprise, he received a letter dated 31.08.2012 from the Housing Board, saying that the bid given by him had not been accepted by the Headquarters of the OP Board. The amount of Rs. 2,50,000.00 deposited by him was also returned without interest vide cheque No. 030557 dated 31.08.201 Alleging deficiency in service on the part of the OP Housing Board in not giving allotment of the plot, despite being the highest bidder and payment of the necessary amount, the complainant filed the consumer complaint in question, seeking directions to the OP Housing Board to hand over the possession of the plot after accepting the balance amount as per the price offered during bid, interest @24% p.a. on the amount deposited and a further compensation of Rs. 50,000.00 against mental harassment and Rs. 10,000.00 for cost of litigation.

(3.) In reply, the OP Housing Board pleaded that as per clause 7 of the terms and conditions of the auction, the OP Housing Board had absolute powers to accept or reject any of the proposal given by the bidde Rs. The complaint was, therefore, not maintainable because the Chairman of the Rajasthan Housing Board did not accept the auction and pass orders for re-auction of the said property. Moreover, the amount refunded to the complainant vide cheque dated 31.08.2012 had been accepted by the complainant without any interest. The complaint should, therefore, be ordered to be dismissed.