RATAN DEVI Vs. RAJASTHAN HOUSING BOARD & ANR.

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 27.05.2015, passed by the Rajasthan State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in First Appeal No. 280/2014, "Rajasthan Housing Board versus Ratan Devi", vide which, while allowing the said appeal by majority judgment, the order dated 2.01.2014, passed by the District Forum Jaipur-III, in consumer complaint No. 199/2012, Old No. 1040/2008, filed by the present petitioner/complainant Ratan Devi, allowing the said complaint, was set aside and the complaint was ordered to be dismissed.

(2.) Briefly stated, the facts of the case are that the petitioner/complainant Ratan Devi filed an application with the opposite party (OP) Rajasthan Housing Board in 1987 for allotment of a Low Income Group (LIG) House in their Kalpatru Housing Scheme, 1987 and deposited a sum of Rs.2,000/- alongwith the application form. As per letter dated 28.06.1990, issued by the Housing Board, an LIG House was reserved for the complainant by the OP Housing Board and she was asked to deposit a sum of Rs.2,000/- within one month and the second and third instalment within 7 months and 13 months respectively. The complainant deposited all these instalments, following which an LIG House No. 124/53 was allotted to her on 29.02.1992 and then, an allotment-cum-possession letter was issued by the OP Housing Board vide letter dated 30.04.92. As stated in the said letter, a sum of Rs.47,674/- was payable to the OP Housing Board at the time of possession. It is the case of the OP Housing Board that since the complainant never deposited the said amount of Rs.47,674/- with them, the allotment of the house was cancelled. However, the case of the complainant is that she was never intimated about the delivery of possession of the said house by the OP Housing Board and hence, she could not deposit the said amount with them. The complainant also stated that even if the allotment had been cancelled, the OP Housing Board should have returned the amount deposited by her with them, but the same was never done. As per the complainant, she requested the OP Housing Board to inform her about the balance amount in respect of the said house, but they never gave her any such intimation. She sent a letter dated 04.05.2008 in this regard to the OP Housing Board, in reply to which, the OP Housing Board sent her a letter dated 02.06.2008, saying that the allotment of the said house had been cancelled and its restoration was not possible. The complainant filed the consumer complaint in question, seeking directions to the OP Housing Board to reallot the cancelled house to her and also to provide her compensation of Rs.50,000/- against mental torture etc. and Rs.20,000/- as cost of litigation.

(3.) The consumer complaint was resisted by the OP Housing Board by filing a written statement before the District Forum, in which they admitted the deposit of instalments for the house by the complainants with them, but they stated that the amount of Rs.47,674/- in terms of the allotment letter dated 30.04.1992 was to be deposited within three months, but the complainant failed to deposit the said amount. The OP Housing Board issued demand letters to them on 01.01.93 and 10.01.94, but despite that, she did not deposit the said amount, because of which, the allotment of the house was cancelled and an intimation was given to her vide letter dated 06.04.94. She was also informed vide letter sent subsequently that she should produce 4th copy of the original challan and advance receipt for the amount deposited by her, so that refund of the said amount could be provided to her. There was, therefore, no deficiency in service on the part of the OP Housing Board and hence, the consumer complaint should be ordered to be dismissed.