Rajasthan Housing Board

[Sidhant]

BEFORE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CIRCUIT BENCH, RAJASTHAN, JAIPUR


Appeals No. 1435/2005 & 1800/2006

1435/2005


Shri Laxmi Narain Sharma S/o Late Bhanwar Lalji, R/o 139, Govind Nagar Extension,Marg No. 8, Amer Road, Jaipur.

..Appellant-Complainant


VS


1.

Rajasthan Housing Board, through Secretary, Jyoti Nagar, Jaipur.
2.

Dy.Housing Commissioner, Circle-I, Rajasthan Housing Board, Pratap Nagar, Sanganer, Jaipur.

..Respondents-Opposite Parties


1800/2006


Shri Laxmi Narain Sharma S/o Late Bhanwar Lalji, R/o 139,Govind Nagar Extension, Marg No. 8, Amer Road, Jaipur.

..Appellant-Complainant


VS


1.

Rajasthan Housing Board, through Secretary,Jyoti Nagar, Jaipur.
2.

Dy.Housing Commissioner, Circle-I, Rajasthan Housing Board, Pratap Nagar, Sanganer, Jaipur.
3.

Resident Engineer, Dn.III, Rajasthan Housing Board, Pratap Nagar, Sanganer, Jaipur.

..Respondents-Opposite Parties


Before:

Mr. G.S. Hora, Presiding Member

Mr. Sikandar Punjabi, Member


Present:

Mr. S.K. Tailor, counsel for the Appellant

Mr. M.L. Vyas, counsel for the Respondents


ORDER Dated:29/07/2009


PER Mr. G.S. HORA, PRESIDING MEMBER


These two appeals arise out of the order dated 26.7.2005 and 31.8.2006 passed by the learned District Forum, Jaipur-II, Jaipur. In

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both the appeals, the only point raised by the Appellant is that as per the order of the State Commission dated 7.8.2003 on account of two failures separate amount of compensation and cost of litigation was to be given by the Opposite Party (OP). There is clear cut breach of the order of both the occasions and therefore the Complainant was entitled to get Rs. 60,000/- more apart from the amount of Rs. 60,000/- he has already received. The following directions were given by the Commission:


1. The Respondents shall allot and deliver the possession thereof, to the Appellants an independent house, constructed in an area of 92 sq. metres as per specification given for 'Economically Backward Category” of its Scheme promulgated in 1984 at the cost which the Board charged from the allottees of such a house in the year 1994 on Hire-Purchase Scheme.


2. Instruction No. 1 shall be carried out by the Board within a period of four months from the date of service of this order on it.


3. Within a period of two months from the date of service of this order, the Respondent Board shall deliver to the Appellants and submit to this Commission also, a letter, through registered post, clearly mentioning therein the total cost of the house, amount payable by the Appellants at the time of delivery of the house and the number and quantum of the instalments through which the balance amount shall be payable by the Appellants under Hire-Purchase Scheme. This letter would be necessarily accompanied with certified copies of three allotment letters showing allotment of houses of the same category with cost and number of instalments to the allottees in 1994 in order to see that equal treatment with regard to cost of house & instalments has been meted out to the Appellants.


4. In case the Respondent Board fails to carry out instruction No. 3 above within the time specified therein, they would pay to the Appellants a compensation of Rs. 50,000/- for mental agony and Rs. 10,000/- as cost of litigation. The same result would follow if after having delivered the letter along with requisite enclosures therewith, the Board fails to deliver the possession of the allotted house within the specified four months, after the Appellants have deposited the amount, to be paid at the time of taking delivery of the house.


We have given due consideration to the arguments raised by the learned counsel but find ourselves enable to agree with the submissions. The intention was to grant compensation for mental

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agony and litigation expenses. The award of cost of litigation expenses could not have been ordered to be paid twice. The intention simply was that in either of the defaults the compensation of Rs. 50,000/- for mental agony and Rs. 10,000/- as cost of litigation is to be paid to the Complainant. As the above amount has already been paid to the Complainant and the possession of the house has also been given to him, no further action is required to be taken by the OP.


In view of the above, we find no force in these appeals and the same are dismissed with cost on parties.



Member Presiding Member



Hira Lal

[Unregistered]

respected sir . i am manohar lal vyas from sunel dis. jhalawar rajasthan . i purches a plot in housing board colony , sunel in 2004. my plot no. is 1_g_13. there is some extra land near my plot & i wants to purches this so i gives written request to kota office dated 25_5_05 , dispese no. 1371. but there is no any answer is given to me since 5 years so i am unable to do any construction in my plot.try to understand my problem.i am suffering since five years sir.i expect you sole it. thanks my address is _manohar lal vyas house no 1_c_18 rhb colony sunel dis. jalawar (raj.)

[Prahlad Meena]

In Indira Gandhi Nagar Jagatpura Near 4H/147 due to brusting of pipeline 2-3 lacs litre water flowing as waste .After many times reminders your staff as well as O&M contractor informed but brusted pipe has not been repaired till date.

[usha gangwar]

I bought the ground floor flat from RHB in 1993
The Ist floor was lying vacant for more than 15 years and many times the notices were pasted that it will be auctioned for default
Suddenly in 2008 someone broke the lock and without any clearing of drainage etc. gave the house to a marriage party
Under RTI the information collected showed that the official allotte has not deposited a single instalment
However the house is on rent who collects the rent ? Who is the owner in the records ? I donot know
However the people run a sort of hostel and both the bathrooms leaking create living very difiicult
can vigilance cell help ?
These people are very united and directly or indirectly create mental tensions

WHO CAN HELP ?

In Indira Gandhi Nagar Jagatpura Near 4H/147 due to brusting of pipeline 2-3 lacs litre water flowing as waste .After many times reminders your staff as well as O&M contractor informed but brusted pipe has not been repaired till date.

[subhash gera]

Dear Sir,
According to the sub. i have purchase a land 6\43 N.E.B.Housing board in year 2003 through auction. By mistake of HOUSING BOARD ALWAR they have left a land size 9'*60' feet between 6\43& 6\44 N.E.B. Housing board ALWAR. SIR we got an information from relaibel sours that MR. B.L.GUPTA LAND LODE OF 6\44 N.E.B. housing board is going to start a illegal construction on that land [land between 6\43& 6\44]with the help of HOUSING BOARD EMPLOYERS . Sir housing board is going to loose lacks of revenue through this illegal construction. We have allready inform through letter reg nom. 737 date 10\5\2011 to housing board ALWAR.
SO its request to you to take a legal action on this matter& sale this land through open auction through legal way.
THANKS
SUBHASH GERA
6\43 N.E.B. HOUSING BOARD
ALWAR

[lekhraj]

I am very very sorry to say that problem is still there. Approximate half year has been passed but big stones of demolished housing board office are there. The diwali festival are coming near & there is lot of dust & mosquitoes are appearing in said empty area .

I think that whole work for demolish of housing board office were be based on contract why such stones were kept at empty area which looks very ugly.

It is our primary responsibility to take necessary step to clean our colonies & city.

Lekhraj kriplani
106/153, vijay path agrawal farm,
mansarovar
jaipur

[Unregistered]

Dear sir,
i submit my application 12 sep/2851 for name transfer of house no. 190/81 pratap nagar sector 19 on dated 12 sep at housing board office of pratap nagar, jaipur.many time i contacted with deputy commissioner of housing board. but there is no any respond about my work.please i request you help me about this work & as soon as possible finalize my application in favor of me.
Regards
Naval kishor soni
m-09828124075
B-85, Triveni nagar,
gopalpura bypass, jaipur-302018