HARISH KUMAR Vs. RAJASTHAN HOUSING BOARD & ANR

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 01.06.2017 of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur ('the State Commission') in First Appeal no. 1210 of 2015.

(2.) The facts relevant for the disposal of the present revision petition are that the petitioner/ complainant himself was the fourth buyer of this house through an agreement of sale executed by Kamla Devi who had purchased this house from Vijay Kumar Singhal who in turn purchased this house from Jai Kumar Lodha, who had purchased the house from Mr Hanuman Singh, respondent no. 2. The petitioner after the purchase of the said flat/ house applied to the respondent no. 1 Rajasthan Housing Board (in short 'the Board') for regularisation of allotment in his name. The Board invited objections from the respondent no. 2 who was the original allottee. Mr Hanuman Singh denied having sold the flat/ house to Jai Kumar Lodha and submitted that all these agreements were false. The Board refused to regularise the flat/ house in the name of the petitioner.

(3.) A consumer complaint was filed on 10.12.2006 before the District Forum no. 2, who allowed the complaint on 20.10.2008. In appeal, this Commission on 03.07.2009 set aside the order of the District Forum no. 2 and ordered that Hanuman Singh be made a party in the original complaint and the complaint be decided afresh. After that the District Forum no. 3 after hearing the submissions of the petitioner and the Board and respondent no. 2 concluded that dispute is of a civil nature and dismissed the complaint.