Narendra Kumar vs R.H.B.

THIS appeal has been filed by Narendra Kumar against the order of the District Forum dated 1.11.1994 by which his complaint has been dismissed.

THE appellant got himself registered in the Special Registration Scheme of the year 1988 II Kota on 18.2.1988 by depositing a registration amount of Rs. 3,000/-. It has been the grievance of the complainant that inspite of his registration though he was issued a letter of allotment of House No. 1 J/21 but he was not issued any allotment-cum-possession letter. He, therefore, approached the District Forum to seek allotment of House No. 1 J/21 at the cost of Rs. 67,000/- which was prevalent in the year 1989 and also to deliver possession of the aforesaid house after issuance of letter of possession. The Housing Board opposed the application by filing a written reply. The stand of the Board has been that the registration amount of Rs. 3,000/- was deposited in the accounts of the Board on 28.2.1988 and hence after consideration of his registration he was issued allotment letter on 7.2.1991 asking him to deposit the amount of Rs. 1,00,930/- which was not deposited by the appellant and hence his grievance that he was not been allotted a house and given possession of house is without any foundation and the complaint deserves rejection.

The District Forum after consideration of the material on record dismissed the complaint as stated above.

WE have given due thought and consideration to the matter and are of the opinion that since it has not been established on record that the registration amount of Rs. 3,000/- was though deposited on 18.2.1988 yet whether any person other than the appellant has been allotted the house who has also deposited the registration amount on the same date. The burden to establish this fact was on the appellant that before allotment of the houses on 18.2.1988 any other person was allotted a houses in this regard of the registration made in favour of the appellant. Further there is no evidence on record that the appellant had deposited any amount in respect of the cost of the house after issuance of the letter of allotment dated 7.2.1991 in pursuance of the decision taken by the Allotment Committee of the Housing Board dated 11.4.1990. In view of it, we do not find any merit in this appeal, it is hereby dismissed. In the facts and circumstances of the case, the parties shall bear their own costs. Appeal dismissed.