Case nº Revision Petition No. 4579 of 2012 of National Consumer Disputes Redressal Commission, May 02, 2014 (case Rajasthan Housing Board Vs Gyanwati Jain)

JudgeFor Appellant: K.L. Janjani and Ankit Gaur, Advocates and For Respondents: S.N. Bohra, Advocate and Manak Chand Gupta
PresidentJ.M. Malik, J. (Presiding Member) and Dr. S.M. Kantikar, Member
Resolution DateMay 02, 2014
Issuing OrganizationNational Consumer Disputes Redressal Commission


J.M. Malik, J. (Presiding Member)

  1. Smt. Gyanwati Jain, the complainant applied for allotment of a MEG House in General Registration. Scheme, 1982 of Rajasthan Housing Board by furnishing a Bank draft in the sum of Rs. 3,000 dated 8.12.1982. The complainant was allotted Seniority No. 1198 in Sanganer Housing Scheme, floated by Rajasthan Housing Board, the OP, through lottery/draw on 28.12.1985. Thereafter, the Rajasthan Housing Board sent a reservation letter dated 31.12.1993, demanding seed money which the complainant paid in installments of Rs. 10,000 on 27.1.1994, Rs. 7,500 on 23.6.1994 and Rs. 7,500 on 30.1.1995. The Rajasthan Housing Board issued a Circular dated 2.8.1994, in which it asked all the applicants to give option to accept allotment on outright sale basis keeping in view the huge amounts of installments remaining outstanding. The priority of the complainant was not disturbed. The amount of three-seed amount/money installments @ Rs. 17,000, Rs. 15,000 and Rs. 15,000 as per the rate prevalent on 6.7.1998, on higher purchase basis was sent. However, the complainant could not deposit the said amount and the installments as per the demand. The priority number 1198 of the complainant was for the allotment of a house on hire-purchase basis which was to be matured in the year 1999. However, the priority number 1198 of the complainant, could not be matured in the year 1999. The complainant had failed to pay the amount. She was required to pay the amount by 6.2.1999. The possession letter was given to her on 28.9.1999 and she was required to receive possession upto 14.11.1999 by depositing the initial amount + interest @ Rs. 72,052. The OP fixed Rs. 3,152 as monthly installment payable before 15.11.1999 as she had opted for hire-purchase basis.

  2. The complainant did not deposit the demanded amount till 18.5.2001. Consequently, her registration was cancelled on 18.7.2001. However, the complainant filed a complaint before the District Forum with the following prayers:

    (a) That the aforementioned deficiencies present in the service of the opposite party be removed, and the amount of Rs. 27,350 mentioned illegally in the column of interest on outstanding seed money Exhibit - 16 of the allotment letter be cancelled.

    (b) That the opposite party adopted evading attitude, kept optional view of eligibility of the complainant, treated the complainant defaulter of seed money, at the time of allotting house in 1995 to the persons...

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