RAJASTHAN HOUSING BOARD THROUGH SY. HOUSING COMMISSIONER, JAIPUR CIRCLE-II, JAIPUR RAJASTHAN Vs. SANTOSH KUMAR HAKIM

JUDGEMENT

(1.) This appeal has been filed under section 19 read with section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order dated 03.08.2015, passed by the Rajasthan State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in Consumer Complaint No. 59/2010, filed by the present respondent Santosh Kumar Hakim, vide which, the said complaint was allowed.

(2.) The facts of the case as admitted by both the parties are that the complainant/respondent Santosh Kumar Hakim made an application to the appellant, Rajasthan Housing Board (hereinafter referred to as 'Board'), for allotment of a house under their 1979 General Registration Scheme, vide application form No. 75505, by depositing a sum of Rs. 3,000/- on 30.01.1980. A receipt of deposit and a registration certificate was issued by the Board on 29.10.1980 to the complainant. Thereafter, in response to an offer from the Board, the complainant deposited another sum of Rs. 7,000/- ON 106.1982 and requested for change in his income group from Medium Income Group "B" to Higher Income Group (HIG). Thereafter, according to the Board, they issued letter No. 184 dated 09.01.97, whereby the complainant was asked to deposit certain sums in instalments within the time schedule laid down. However, the said letter was received back by the Board as per their own version, as the complainant had changed his address and such change was not in the knowledge of the Board. As stated by the Board, they sent another letter dated 15.01.2000 at the new address of the complainant, informing him about the earlier letter of 09.01.97 and calling upon him to deposit the amount. Following his failure to deposit the amount, the registration of the complainant was cancelled vide letter No. 484 dated 21.06.2000. However, this is contested by the complainant by saying that he never received any letter dated 21.06.2000. Further, the complainant made an application on 20.11.2007 under General Registration Scheme 2007 of the Board in Ramakrishna Apartment Phase-II, along with deposit of Rs. 1,90,000/-. Vide letter dated 13.02008, the Board issued a reservation letter to him, intimating that a flat in the Medium Income Group "B" in Ramakrishna Apartment had been reserved for him. However, just after four months, the Board issued another letter No. 1086 dated 18.06.2008 to him, saying that the letter dated 13.02008 was being cancelled as his earlier registration had already been cancelled. The version of the Board is that letter dated 13.02008 had been issued by mistake inadvertently, which was rectified by issuing letter dated 18.06.2008 and thereafter, they returned the money deposited by him as well. The complainant then filed the consumer complaint, in question, before the State Commission which was allowed vide impugned order dated 03.08.2015 in which, the State Commission stated as follows:-

(3.) Being aggrieved by the impugned order of the State Commission, the Board is before this Commission by way of the present appeal.