NOMAN ALI vs RAJASTHAN HOUSING BOARD

THE complainant had got himself registered with the respondent Housing Board as back as in the year 1985 to get a residential house allotted to him under opposite party''s general registration scheme, 1981. Subsequently the O.P. Housing Board floated a scheme known as Kuber Yojana whereunder the allottees were required to pay a sum of Rs. 700/- per month as instalments and a house was to be allotted to them within a specified period of 6 years. THE complainant opted for such scheme and commenced paying monthly instalment of Rs. 700/-. But later on O.P. Housing Board gave up such scheme and gave an option to the subscribers of the said scheme to opt for outright sale of the house. THE complainant opted for outright sale of the house also and informed the O.P. Housing Board accordingly. On 30.6.1997 the O.P. Housing Board issued an allotment order to the complainant in respect of house No. 2 N.G. Rangbari Yojana of HIG category requiring the complainant to pay a sum of Rs. 5,32,952/-. It may be mentioned that the complainant had already paid a sum of Rs. 10,000/-. as registration amount, Rs. 36,500/- as seed money and a sum of Rs. 47,600/-, as per version of the complainant, through monthly instalments of Rs. 700/- each for obtaining a house in the Kuber Yojana. THE O.P. had allowed interest at Rs. 11,800/- on registration amount and Rs. 5,779/- on seed money and interest of Rs. 3,462/- on instalments paid by the complainant under the Kuber Yojana, but the amount paid by the complainant by way of instalments was not indicated in the allotment order.

ON receipt of the allotment order the complainant appears to have inspected the house to be allotted to him and on such local inspection he came to know that the proposed house was located below a high tension electric line and also upon a Nala. He further noted that the Housing Board had not allowed interest to him as per assurance given to him. He, therefore, filed his objection to the O.P. on 12.9.1997 declining to accept the allotted house and demanding his money back with interest @ 18% p.a. since the O.P. Housing Board did not return his money he filed the complaint with the prayer that either he should be allotted a residential house at another suitable place or in case that was not possible his money be returned back to him with interest. The version of the case as per the O.P. Housing Board was that the Kuber Yojana had been suspended temporarily and that it was not finally closed and that the interest had been allowed to the complainant on the amount deposited by him as per rules. No specific denial was given to complainant''s averment that he was allowed to opt for allotment of the house on outright sale basis and that he had deposited not only the monthly instalments of Rs. 700/- each under the Kuber Yojana but also the amount of seed money as demanded by the O.P. Housing Board from him.

Today when the complaint was called for final hearing the complainant moved an application to the effect that he restricts his prayer in the complaint to the extent of refund of his money with interest @ 18% p.a. with compensation for mental agony.

THE facts as stated above clearly show that the complainant had duly complied with the instructions of the Housing Board given to him from time-to-time. He had not only deposited the periodical instalments under the Kuber Yojana but also paid the seed money after his opting for purchase of the house on outright sale basis. It is also not denied that although a house under the Kuber Yojana was to be allotted to him within a period of 6 years and in order to get such a house within that period, the complainant was duly depositing the monthly instalments with the Housing Board, but he could not get such a house, further, when an option was given to him to purchase the house on outright sale basis and the amount of seed money was required to be deposited by him, the complainant had duly deposited such amount with the Housing Board. But the complainant was allotted such a house which was not at all suitable for residential purposes as it was located below a high tension electric line. THE complainant was, therefore, justified in not accepting the allotment not only on the ground that it was totally incomplete but also on the ground that it was located below a high tension electric line, always endangering the life and property of the complainant and the members of his family/occupants of the house. THEse facts clearly speak of the deficiency in service on the part of the O.P. which they rendered to the appellant over a period of about 2 decades. In passing, we may observe that the services rendered by the O.P. Housing Board were so deficient that whereas in the reply filed by them they asserted that the house was allotted to the complainant under the Kuber Yojana, in the allotment letter itself they had mentioned the fact that the said Yojana had already been given up and that the house was being allotted to the complainant on outright sale basis. In view of the above discussion we hold that the O.P. Housing Board had rendered deficient services to the complainant in not allotting a suitable residential house to him at a proper place within reasonable time. The complainant is, therefore, entitled to the relief of refund of his money with interest.

ON going through the record we find that the complainant had deposited a sum of Rs. 10,500/- as registration amount on 12.2.1985 under the General Registration Scheme, 1981. Thereafter he had deposited a further amount of Rs. 3,000/- on 28.11.1987 under the Kuber Yojana. Under the said scheme he continued to deposit monthly instalments of Rs. 700/- each from May, 1988 upto December, 1993 totalling to Rs. 47,600/-. In the allotment letter the Housing Board simply reflected the registration amount charged by them at Rs. 10,000/- only instead of Rs. 13,500/-. The seed money of Rs. 36,500/- has rightly been reflected but the amount paid by the complainant through instalments of Rs. 700/- under the Kuber Yojana and which amount totalled to Rs. 47,600/- till December, 1993 was not reflected, though interest payable thereon at Rs. 3,500/- and Rs. 3,462/- was reflected. Looking to the facts and circumstances of the case and the period involved we are of the opinion that the complainant should get interest @ 12% p.a. from the date of the issue of the allotment order. To make the things clear we direct that the refundable amount, as deposited by the complainant from time-to-time, totalling to Rs. 1,03,562/- shall carry interest @ 12% p.a. w.e.f. 1.7.1997. We make it further clear that in the allotment order the amount of Rs. 10,500/- + Rs. 3,000/- on account of registration amount were not correctly shown. Similarly the amount paid by the complainant through monthly instalments of Rs. 700/- each totalling to Rs. 47,600/- was also not reflected. We have taken into account these missing items also justifying payment of the amount, deposited by the complainant, with interest @ 12% p.a. We further direct that the complainant shall receive a sum of Rs. 2,500/- as cost of litigation from the O.P. The aforesaid payment of the refundable amount with interest shall be made within a period of next two months failing which the deposited amount by the complainant shall carry interest @ 15% p.a. The complaint stands allowed. Complaint disposed of.