B H TOLANI Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) THIS is an appeal against the Order of the State Commission, Rajasthan, dated 3.7.1991, in Complaint No. 3 of 1990, whereby the complainant was only partially successful and did not get any compensation on the counts he had detailed. Thus he has appealed to this Commission. 1. The facts of the case as found by the State Commission are :

(2.) IT is said that for the middle income group 'A' the cost of the house determined was Rs. 42,000 /- and the amount was to be deposited in equal instalments of Rs. 8,000/-. It is said that the complainant submitted an application that as his annual income has changed, his registration from middle income group 'A' may be changed to middle income group 'B' and, therefore, he deposited the balance of Rs. 1,600/-vide challan dated 14.6.1982. On 20.12.1983 the complainant's name was registered in Middle Income Group 'B'. According to the complainant price that was fixed under Clause 2.8 of the Scheme amounting to Rs. 42,000/- could only be increased by 10% that is by Rs. 4,200/- and, therefore, the cost of the house so far as the house of MIG 'B' is concerned could be Rs. 46,200/-. It is said that the house which was to be allotted to MIG 'B' should be of 10.50 x 18 meters that is 189 sq. meters. The house to be allotted was to contain two bed rooms, one drawing room, one multi-purpose verandah, kitchen, bath and latrine and open land for constructing garage and also open land in front and back and inside. It has been alleged by the complainant that the Board discriminated between the complainant and other influential persons. The Board demanded improper amount of Rs. 30,400/- in forming him that the first instalment will be of Rs. 12,000/-, second instalment will be of Rs. 12,000/- which are to be deposited within a month and third instalment of Rs. 6,400 / - is to be deposited after six months otherwise the reservation and registration will be considered cancelled. The complainant deposited first instalment with the Board on 19.7.1989. The Board allotted house No. 91/57 vide letter dated 13.12.1989 in which it was stated that the cost of the plot will be Rs. 29,484/- and the cost of the construction will be Rs. 1,09,666/-. In this way Rs. 1,39,150/- were demanded from the complainant. The complainant alleged that various other amounts were demanded from him. The complainant has produced allotment-cum-pos-session letter dated 13.12.1989 in respect of house No. 91/57 MIG 'B' Group. The date fixed for possession was 9.1.1990 and the amount was to be deposited on or before 10.2.1990. The allotment was on hire purchase basis and monthly instalment payable was Rs.1,500/- per month. The amount demanded vide allotment-cum-possession letter was Rs. 34,399/-. The grievance of the complainant is that the Board has enhanced the price unilaterally which in fact (and) it should not have and could not demand the amount which it has demanded. Mainly the grievances of the complainant are :

(3.) THE instalments made were also sought to be justified on the ground that the allotment was made on the hire-purchase system, wherein interest is included. The Board also has justification to increase the seed money keeping in view the increase in cost, and to cancel an allotment, if need be.