M.B.Shah, President - (1.)This appeal is filed against the judgment and order dated 27.10.1995 passed by the State Consumer Disputes Redressal Commission, Rajasthan in Complaint No. 124/93.
(2.)Before the State Commission, it was contended by the complainant that complainant was allotted a house in Hiran Magri Scheme, Udaipur by allotment letter dated 31.3.1990. This allotment was made on hire purchase basis. House measuring 324 sq. metres was constructed on the said plot. Complainant was asked to pay in all Rs. 3,06,784.68 ps. The complainant has only deposited Rs. 1,22,687/-. The possession of the house was delivered on 16.11.199. At the time of delivery of the house, an inventory was taken. It is contended by the complainant that at the time of taking possession, he had found certain deficiencies and some breakage, therefore, he had written a letter dated 16.11.1990 to the Project Engineer, Rajasthan Housing Board. It is also alleged that before delivery of possession, the house was used as an office of the Assistant Engineer of the Rajasthan Housing Board and, therefore, it was unfair trade practice. It was also contended that there was no sewer line, no plantation of trees, no primary or higher secondary school building, no health centre building and no community centre. Therefore, there was deficiency in service. He has claimed that actual cost of the house be reduced and the opposite party Housing Board be directed to execute conveyance deed of the house in favour of the complainant.
(3.)The opposite party has pointed out that despite allotment letter dated 31.3.1990, complainant came to take possession only on 16.11.1990. For more than 2 years, complainant remained silent and never gave any notice regarding any shortage and breakage nor against the cost of the house. Thus the complainant was not paying the hire-purchase charges. He had filed this frivolous complaint.