DY HOUSING COMMISSIONER, RHB Vs. KAMLESH LIMANI

JUDGEMENT

(1.) The complainants/respondents participated in an auction held by the petitioner for allotment of Kiosks in Chopasani Scheme on 19.6.2009. They deposited 5% of the bid amount with the petitioner. The bid given by them was higher than the price, which the petitioners had fixed for the said Kiosks. However, the cheque whereby the payment was made by the complainants was returned to them by the petitioners, after four months, without assigning any reason. The petitioners obtained information under Right to Information Act which revealed that the bid had not been accepted on the ground that the bidders were from the same family. According to the complainants, no such condition had been incorporated in the terms and conditions on which the auction was held. The complainants, therefore, approached the concerned District Forum by way of two separate consumer complaints.

(2.) The petitioners did not file their reply within the prescribed time and, therefore, their right to file reply/written version was closed. Later, an application was submitted by the petitioners for permission to file the evidence but the said application was rejected.

(3.) Vide its order dated 28.3.2012, the District Forum allowed the consumer complaints and directed the petitioners to issue the allotment letter in respect of the Kiosks in question to the complainants. It was further directed that in case the said Kiosks has been allotted to some other person, another Kiosks of the same size and at the same rate would be given to them.