RAJASTHAN HOUSING BOARD THROUGH CHAIRMAN Vs. NAVRATNA NAHTA

JUDGEMENT

(1.) For the reasons cited in the Affidavit the delay of 45 days is sufficiently explained and is condoned.

(2.) Aggrieved by the order dated 23.08.2018, passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short "the State Commission) in Complaint No. 149 of 2015, Rajasthan Housing Board (hereinafter referred to as "the Housing Board") preferred this First Appeal under Section 19 of the Consumer Protection Act (in short "the Act"). By the impugned order, the State Commission has allowed the Complaint directing the Housing Board to set aside the cancellation of the Complainant's registration dated 18.12.2014 and to allot a house as per the seniority of 1982 together with compensation of Rs.5,00,000/- for mental agony and Rs.50,000/- towards costs. Interest @ 9% p.a. was also awarded from the date of filing of the Complaint till the date of realisaiton.

(3.) The facts in brief are that the Housing Board launched a General Registration Scheme in the year 1982 (hereinafter referred to as " GRS 1982") for allotment of flats of various categories based on the income group and invited Applications with two modes of payment that is Higher Purchase Basis and Outright Sale Basis, wherein the allotment was to be made by way of a draw of a lottery. The Complainant applied for HIG category house and deposited the registration amount of Rs.10,000/- vide Application Form No. 77153 dated 29.12.1982. The Housing Board fixed the priority of the Complainant and issued a reservation letter No. 3341dated 26.03.1991 demanding seed money of Rs.50,000/-. The Complainant deposited the first installment of Rs.25,000/- on 25.04.1991. On 01.08.1991, the Complainant issued an Allotment Letter requesting to allot the house as he was declared unsuccessful in the earlier lottery. Subsequent to the Registration and the receipt of the reservation letter, the Complainant did not get any response from the Housing Board. It was only on 29.12.1993 that the Complainant received a letter from the Housing Board seeking consent with respect to Self Financing Scheme. It is averred that on receipt of the said letter the Complainant submitted his objections on 12.01.1994 stating that he had never given his consent for Self Financing Scheme. It is pleaded by the Complainant that at the time of Registration, the Complainant's erstwhile address was Porwal Sadan, Station Road, Jaipur, which has now been changed as 45-A, Sanjay Marg, Hathroi, Jaipur and for correspondence this new address was requested to be recorded. This letter was sent through registered post and receipt of which was acknowledged. Thereafter, despite several demands made by the Complainant there was no response from the Housing Board regarding the allotment of the house. Subsequently, the Complainant was informed orally that his allotment was cancelled and on 20.04.2012 the Complainant gave a detailed representation mentioning all the facts and circumstances of the case and enclosed all the relevant documents. Representation was also made to the President of the Housing Board. Thereafter, the Complainant was given a direction to file an Application, which he had complied and submitted the Application on 18.09.2012. A letter dated 03.06.2013 was issued to the Complainant calling for KYC details which was also complied with. It is averred that despite informing the Housing Board about the new address vide letter dated 12.01.1994, the Complainant did not receive any information or correspondence. Subsequently, it was only on 26.06.2013 the Housing Board resumed registration bearing No. P-134/HIG/G-2/HP/82 and in the letter it was specifically mentioned that the Complainant's priority was also resumed.