LAWS(NCD)-2019-10-79

RAJASTHAN HOUSING BOARD Vs. ROHIT AGRAWAL

Decided On October 14, 2019
RAJASTHAN HOUSING BOARD Appellant
V/S
Rohit Agrawal Respondents

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner - Rajasthan Housing Board against the order dated 24.01.2018 passed by the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench at Bikaner ('the State Commission') in Appeal no. 122 of 2016.

(2.) The brief facts of the case are that the petitioner/opposite party/ Housing Board published an advertisement in the year 2012 for residential plots. The respondent/ complainant submitted an application for middle income group 'A' category plot under the scheme. The registration amount was fixed at Rs.1.25 lakh and the same was deposited by the respondent. The application of the respondent was declared successful in the seniority lottery and the petitioner issued the demand letter for the seed money amount from the respondent at the commencement of the construction work of the house. The respondent deposited the first instalment on 14.12.2013 and the second on 15.03.2014 for an amount of Rs.2,81,250/- each. The respondent visited the site and found that there was great lack of general amenities and no arrangement for road, park, light etc. The respondent cancelled his registration on 13.06.2014 and requested for refund of the amount deposited by the respondent. The petitioner Housing Board assured to refund the amount but instead of refunding the amount, issued an allotment letter dated 14.05.2015 and allotted house no.4/246 to respondent and demanded an amount of Rs.10,47,675/- from him. The respondent was surprised after receiving the letter when the respondent had already submitted an application for cancellation. Hence, he filed a consumer complaint.

(3.) The District Consumer Disputes Redressal Forum Sriganganagar (Rajasthan) ('the District Forum') vide its order dated 22.07.2016 had allowed the complaint and the Petitioner - Housing Board was directed to refund the total amount of Rs.6,87,500/- with simple interest @ 9% per annum from the date of application, i.e., 13.06.2014.