BRANCH MANAGER STATE BANK OF INDIA Vs. GOGULA SRINIVASAN

JUDGEMENT

(1.) -these are two connected appeals arising out of the order dated 20.8.91 passed by the District Forum, Jaipur in Complaint Case No.243/91. They were heard together and it will be convenient to dispose them of by a common order. Facts leading to these appeals may briefly be noticed :

(2.) Flat No.11/569, Jawahar Nagar, Jaipur was originally allotted to Shri Fateh Singh Charan by the Rajasthan Housing Board ("the Board" hereinafter ). The complainant is said to have purchased the above flat by a deed of exchange and according to the conditions of the Board, the complainant initiated proceedings and got his name registered under the S. F. S. Scheme. After taking necessary proceedings, the complainant submitted an application for transfer. But the Board declined to transfer and the complainant filed the complaint before the District Forum. The complainant prayed for the following reliefs : - (1) that a direction may be issued to the Board to transfer the flat in favour of the complainant before 31.3.91 within 7 days so that the registration may be effected on the original cost and he may not be required unnecessarily to pay after 31.3.91 registration fee on the market value. (2) that a sum of Rs.16,000/- at the rate of Rs.2000/- p. m. for 8 months may be awarded for the loss of rent suffered by the complainant. (3) that a sum of Rs.4,800/-at the rate of Rs.600/- p. m. for 8 months for looking after the flat may be awarded. (4) that a sum of Rs.50,000/- may be awarded as compensation. (5) that a sum of Rs.376/- may be allowed on account of the payment of water and electricity charges. (6) that a sum of Rs.2,200/- may also be awarded on account of damages and costs for engaging a lawyer etc. Thus in all the complainant claimed Rs.73,376/- from the Board.

(3.) The opposite parties filed the version of the case traversing the allegations made in the complaint. Four preliminary objections were raised in the version of the case on behalf of the opposite parties which are as under : -