JAGDISH PRASAD CHATURVEDI Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) HEARD Amicus Curiae on behalf of the petitioner and learned Counsel on behalf of the respondent.

(2.) THE complainant had paid a sum of Rs. 1,800 towards registration of flat under LIG vide Bank Challan dated 28.1.1980. According to the complainant, he had filed applications many times before the Housing Board for getting the house, but there was no response. No details of the applications have been given by the complainant in the complaint filed before the District Forum. The complainant further alleged that he was continuously going to the office of the Dy. Commissioner, Kota since last 20 years and ultimately, filed an application dated 12.3.2001, which was replied by the Housing Board on 14.6.2001, in which it was stated that since the requisite amount had not been deposited, the allotment of house was cancelled on 4.7.1989. The complainant alleged that he had not received any information of allotment or deposit of amount and he sent letter dated 22.8.2001 for allotment of house to the Housing Board. The Housing Board vide letter dated 13.9.2001 informed him that house cannot be allotted and he may take refund of registration amount. Accordingly, the complainant approached District Forum on 11.1.2002 for direction to allot the house as also compensation of Rs. 1,00,000.

(3.) THE opposite party/petitioner admitted the payment of registration amount but contended that 3 letters were sent to the complainant but the complainant did not pay. The said letters were sent on 1.9.1983, 9.1.1986 and 25.5.1987. In spite of that, allotment and possession letter was issued to the complainant for deposit of the amount on 7.10.1988 but the amount was not deposited and allotment was ultimately cancelled on 4.7.1989. The opposite party also took the plea that the complaint was time barred.