OM PRAKASH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This complaint has been filed by Sri Om Prakash against Commissioner, U. P. Housing Board and others. In the complaint, a claim has been made that direction may be issued to the opposite party, Housing Board, to refund an amount of Rs.2,793.85 alongwith 18% interest to the complainant and the house be allotted to him as per agreement at the time of registration. It has been stated that first a house was allotted to him in Indira Nagar, Lucknow on cash down basis in 1984. Since the complainant was not prepared to take the house on cash down basis and wanted to take the house on instalment basis, the registration was cancelled. Subsequently, the registration was renewed by paying an amount of Rs.2,793.85 on 17.4.1988 and another house No.4/376 was allotted in Vikas Nagar Colony of the Housing Board which too was cancelled by the Housing Board. The complainant in his complaint has made a mention of the judgment and order passed by this Commission on 8.12.1995.

(2.) We have heard complainant in person at the stage of admission of the case. The records of file, judgment and order dated 8.12.1995 in Complaint Case No.115/92 passed by this State Commission has also been made available to us. On perusal of this judgment, we find that the issue involved in the present case has been dealt with by this Commission and a fresh complaint cannot lie against the same issue. The complainant has sought redressal in addition to what has been provided in the order and judgment of this Commission cited above. Under the circumstances, the complaint on the same subject and issue cannot be entertained by this Commission. The complainant should have gone into appeal before the National Commission. The complainant is at liberty to initiate and expedite the execution proceedings arising out of the above judgment and order dated December 8, 1995 in Complaint Case No.115/1992. The complaint is, therefore, liable to be dismissed. Order the complaint is dismissed. There will be no order as to the cost. Let copy of this order be made available to the parties as per rules.